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HomeMy WebLinkAbout2019-8-15ConCom Minutes for July 31 2019 adopted Aug.14 CONSERVATION COMMISSION PUBLIC MEETING u `` 2 Bathing Beach Road; L Nantucket, Massachusetts 02554 www.nantucker-ma. oy '� �'' ?Ci3 :�.: .7 i � Ge. C Wednesdav,.July 31, 2019 pM 8• 4 Fairgrounds Road, Training Room — 5:00 p.m. Commissioners: Ashley Erisman (Chair), Ian Golding (Vice Chair), Ernie Steinauer, David LaFleur, Joe Topham, Seth Engelbourg, and Maureen Phillips Called to order at 5:02 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator-, Joanne Dodd, Natural Resources Office _Adrnmistrator; Terri- Norton, Town Minutes Taker .\ttending 'Members: Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips _Absent Members: None Late _Arrivals: LaFleur, 5:06 p.m. 1?arlier Departure: None .\genda adopted by unanimous consent 'Matter has not been heard 1. PUBLIC MEETING A. Announcements B. Public Comment 1. Bruce Mandell — Submitted two documents at the table with ConCom jurisdictional information highlighted. He is here regarding the ConCom approval to allow Vineyard Wind to run its cable through Nantucket jurisdiction. Wants the ConCom to reconsider that approval based upon new information that has come forward and might have impacted the prior decision; asked this be made a future agenda item. The Block Island wind farm cable has to be replaced due to shifting sands, which caused it to rise and be exposed. NO_ A states the voltage being carried by the cable will adversely impact fisheries and habitat. Martha's Vineyard ConCom has denied the laying of the cable unless additional impact information is provided. Carlson — We have a provision under the code and local bylaw that allows the reconsideration of a project in the event significant information comes forward that could have impacted the board's vote. Golding — Our purview for the cable is a small length and the width between 3- and 6 -feet wide. Val Oliver, ACh Rats — asked for a copy of the order of conditions; it isn't available on line. Phillips — She's part of the committee working with outside experts to deal ytiith Vinevard Wind; we are the guinea pigs. We have worked hard to get Vineyard Wind to agree to mitigation in the form of money for programs. The Bureau of Ocean Energy Management has gotten Vineyard Wind to reconsider their earlier offers; getting mitigation is an on-going process. If we should decide to reconsider this, the Select Board should be provided the information being reviewed. Erisman — The wind farm itself is outside our jurisdiction; only a small portion of the cable is within our jurisdiction. Steinauer — In the previous hearings, no one come in and indicated the Europe wind farms were haying problems. Mandell — Some of the problems with wind farms in Europe are referenced in the documents he provided. The goal of this committee is to protect that area in which the cable is being laid. He is looking to address those issues which fall within ConCom Jurisdiction; he would be happy to participate in the reconsideration. 2. David Lovett — Scott White on Madaket Harbor has put up a fence to block passage on the beach. Carlson — The Police have been involved with that site; he's been tn-ing to catch up with them to get information. Lovett — another issue is the owners of 39 Tennessee avenue have put up an unpermitted dock on "Lot C" -,yhich is owned by the Town and abuts the creek; they- don't own the land. He brought this up in December of 1996. Carlson —That is being pursued by the Harbormaster. 11. PUBLIC HEARING A. Notice of Intent 1. AIan- D. Starr — 19 East Creek Road (55-60) SE48-2985 ? Gregory Reyes — 19 East Creek Road (55-60) SE48-3065 Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental Public None Discussion (5:28) Madden — Requested a continuance to the 14t11. Staff The representative, Paul Santos, Nantucket Surve}-ors, won't be here. Motion Continued to august 14 by unanimous consent. Vote N/A 3. L AZ Family N.T. — 20 Waqoit Road (90-5) SE48-3131(Cont. 08/28/19) Page 1of8 ConCom '_Minutes for luh- 31, 2019, adopted Auiz. 14 -t. Grant L. & -Margaret C. Cambridge - 10 Medouie Creek Road (2(1-31.1, SF4S-321 G Sitting Iinsman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Kevin Dale, Vaughan, Dale, Hunter & Beaudette P.C. Bnan Madden, LEC Environmental Public None Discussion (5 3u1 Dale - AT the last hearing, a remediation planting plan was requested: it has been provided: it also idenn_ie- three swamp white oak saplings that will be kept. Madden - Reviewed the planting plan. Phillips - Looking at how the site is occupied, if the retaining u -all were removed, all of it could be replanted x6th native vegetation, which is better for the long term. She's not convinced b.N the reason not to remov t :t: sure, it's stabilized but the wall is still intrusive. Madden - Removing the gall would set the clock back on plants that are well estabhshed. Erisman - She appreciates the remediation plan; but she Nvas hoping for the buffer to be eXtended up to ^e retaining wall. _A small portion of the pool fence, which encroaches into the buffer, should be pulled out. Engelbourg - The left side of the 25 -foot buffer looks to have ample room to push the u -all back out of 2 -5 -foot buffer. Discussion about moving the intruding portion of the retaining u -all out of the _'afoot buffer. Steinauer - The fall back is whether or not we would have permitted the «-all in this location in *-e first first place; the answer is no, we would not. The -,,-all would delineate the edge of the 25 -foot buffer. Phillips - She still doesn't get putting a retaining «-all in the 50 -foot buffer: she'd still prefer ^e wall be removed in its entirem Dale - Relocating the wall in the 50 -foot buffer and replanting the buffer makes the mo- sense. Asked for a continuance to _august 28 in order to file a revised mitigation plan and shovvl:- 2 relocation of the wall; he would also ask for a continuance of the date to issue the certificate compliance to September 21. Staff None \lotion Continued to august 28 by unanimous consent. Vote N/A i. James \1. Godec - -10 Squam Road (13-2") SE48-3218 Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian 'Madden, LEC Environmental James Godec, owner Dawn I lill I Ioldgate Public R.J. Turcotte, Nantucket Land Council Rick .Atherton, Squam Road D._lnne .Atherton, Squam Road Discussion Madden - This was continued for Massachusetts Natural Heritage determination letter. which received; it reiterated prior conditions for 'northern Harrier breeding activities. Submirted a supplement,: letter that addressed issues raised bt- abutters; the pool doesn't meet the _'-foot separation from ground« -ate_ and needs the no reasonable alternative/no adverse impact waiver. Runoff will be directed toward infiltration chambers away from the wetlands. We can provide an erosion control blanket during construction. I -eel- tr project is being appropriately mitigated for stormwater runoff and protects the u-etland resource area. Godec - Only a portion of the pool rill be within 2 -feet. The Squam Creek culvert is 25(1 yards uphill fror this location. Erisman - If the pool and pool house were mored, would there still be groundwater issues. Madden - hes. Noted that even -thing on this lot is within the 100 -foot buffer. Engelbourg - Only the deep end not meet the _'-foot separation. suggested a uniform depth of 4 feet to ham•, e the pool without the waiver. Madden - It's less the 10 square feet that would be 'Xnhm 2 feet of groundwater: he doesn*t see that eau -ink an adverse impact. The waiver as written speaks to the whole project as proposed. Turcotte - Mentioned a reasonable alternative regarding the pool and pool house, a paruah,,above-ground pool with the pool house on a slab foundation rather than crawl space. Madden - _1 partially above -ground pool would require grading, which a ould Cause greater Ch r-Upuon- R.Atherton - Submitted letters of concerns from neighbors at the table. This area can e-asi]_; be subiect flooding. There are alternatives that could be presented that do not require a waiver, so no reasona'-,e alternative does not apply; they should come back with an alternative development that doe-n't require waiver. Steinauer - This is the first time Massachusetts Natural Heritage has come do«n on the side of liarner asked if there is a record of a nest in the area. Madden - Imposition of the restriction is an increased trend in the past couple of % ears. Phillips - _Asked about the scale of the pool house, if it includes plumbing and bedrooms. Page 2 of 8 ConCom N inutes for Jul} 31, 2019, adopted _\uR. 14 Godee — Currently- it is a place for people change. If in the future he wants to put in a bedroom in this, he has to remove a bedroom in the house because he has a 4 -bedroom I/_\ system. Hill Holdgate —Also, there can't be a bathroom in this structure without going through that process. Erisman — She would like to see alternatives for the pool and pool house that would eliminate the need for a waiver. Steinauer — As long the pool is out of the groundwater, he doesn't see a need for the 2 -foot separation. I IC, more concerned with how the pool would be drained. The amount of structural footprint on the lot is another department's concern. They meet the basic requirement of everything out of the 50 -foot buffer. Golding — He understand the 2 -foot separation to ensure groundwater can easily floe- without intrusion. He'd like to see alternatives. D.Atherton — At the last hearing, there was talk about draining the pool and water being put into a truck. Doesn't understand how the vehicle would access the pool; on the plan it looks like it would be the second curb cut. _asked if the second curb cut is being permitted. Steinauer — Our approval of the project does include the second curb cut. Golding — Ile asks why the garage says shed; he'd like to see that corrected. Madden — Still doesn't see how the pool would have an adverse impact on the resource area. Godec — _Asked about waivers granted in the past. Erisman — We need to see the presentation of why there is no reasonable alternatives; we've heard of several. Hill Holdgate — _asked if the project could be removed tonight if the waiver requirement were removed and were conditioned upon a 4 -foot pool. Discussion about the use of the structure labeled "garage" that the applicant says is a shed. Madden — Asked to close with a 4 -foot pool in this shape. Staff One condition that goes with every permit is that any applicant is required to get all other necessary permits; if they can't get a permit, they must either modify the existing plan or can't do the project. The garage (shed) is outside the 50 -foot setback; we cannot regulate use. \lotion Motion to Close. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 6. AL1,R3, LLC — 45 Shawkemo Road (27-18) SE48-3221 Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental Public None Discussion (6:31) Madden — This is for brush -cutting activity-; proposed work was scaled back to outside ConComjurisdiction. The issue is getting into the site. This was held for Massachusetts Natural Heritage. Staff Have even -thing needed to close. \lotion Motion to Close. (made by: Golding) (seconded by: LaFleur) Vote Carried unanimously 7. 'Gisela Leinhard — 11 Jonathan Way (75-42) SE48-3217 (Cont. 08/14/19) 8. `Lorre Leschl}- QPRT & Jan Leschly QPRT — 65 Squam Road (13-15) SE48- Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative .Art Gasbarro, Nantucket Engineering & Survey Public None Discussion (6:33) Gasbarro — This is for work within the buffer to a bordering vegetated wetland; the site is highly restricted. .\sking for permission to construct two cantilevered 2°d -floor decks so supports don't hit the ground; also asking for a small addition off the existing garage. The waiver is under no reasonable alternative/no adverse impact; there is no other place for the decks. We don't have a file number so will need to ask for a continuance. Phillips — _asked if there would be a way to have mitigating plants under the decks. Gasbarro — Not proposing any plantings or mitigation; it would remain lawn area. There is a small existing patio under the south elevation deck. Erisman — She's uncomfortable with this; even though these don't touch the ground, the decks will alter run off. She'd like some mitigation considering how close the lawn is to the resource area. Gasbarro — He will provide information on decks and their impact on runoff. Steinauer — If the decking is spaced, he thinks the lawn grass could tolerate a little more concentrated drip. He wants to ensure these decks won't become structures; need to be careful calling them structures if they have no impact on the ground. Gasbarro — He will provide a recommendation limiting the ability of that to happen in the future. Asked to continue to _august 14. Staff None \lotion Continued to _august 14 by unanimous consent. Vote N/A Page 3 of 8 ConCom \iinutes for duh 31, 2019, adopted yup. 14 North Sankan-, LLC - 85 Sankan- Road (12-91) SE48-3226 Sitting Ensman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and corre-pondence. Representative David \l. Haines, Haines Hy drogeologic Consulting Public None Discussion ((A. ) Haines - This is for a house, garage, landscaping, pool, and patio. Portion of work is wlthm buffer to bordering vegetated wetland. The house is outside the 10 -foot buffer and all structures outside the buffer. All work will be graded tura feet, so no waivers or dewatering is required. There will be a cam --,u: filtration system with no discharge inside the buffer. The site is on Town water and sewer. Staff I lave even -thing needed to close. \lotion Motion to Close. (made by: LaFleur) (seconded by: Golding; Vote Carried unanimoush- 10. ' 115 Baster Road, LLC and 11- Baxter Road, LLC - 115 & 11- Bauer Road (-5-42 SE38- Cont. 08/14/19) 11. *Andrew O' Brien Living Trust and Sonja Anderson Living Trust - 13 C Street 6(1.1.'--6 SETB- Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Sun-e� Public None Discussion (6 4s) Gasbarro - This is for a grass walking path within the buffer to a coastal bank. stairs down the coa,tal bank and across saltmarsh to reach the beach. This exact plan -,,-at, granted in 2('12 but that permit expired. `:K c don't have a file number so will need to request a continuance. Staff None \lotion Continued to _August 14 by unanimous consent. Vote N/.', 12. ' 102 Wauwinet Road Nominee Trust - 102 Wau)Ainet Road (11-24.2) SE48-3222 Sitting Tinsman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental Caitrin I liggins, Wilkinson Ecological Designs Public None Discussion (6.53) Madden -The wetland is surrounded bN- lawn and overgrown with foxgrape. Higgins - There aren't man- native plants existing; propose to remove non-native, aggressne spcae- cC seed and stabilize with native plants and create a buffer around the wetland. Erisman -The boardwalk should be removed from the wetland. Higgins - Feels creating a buffer is mitigation for the boardwalk. Steinauer - _Asked if the removal of the invasive species and application of herbicides would all manual. Madden - .Asked for a 2 -w -eek continuance. Staff Need to have a plan of record \lotion Continued to _august 14 by unanimous consent. Vote N/.1 13. 'Trevor R.P. & \Iargaret Ann B. Price - 10 Long Pond Drive (59-24) SE48-3223 Sitting Ensman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Bnan \Iadden, LEC Environmental Public None Discussion (7:()1) Madden -This site has a coastal bank, by definition. _Asking to enclose a _'" --door deck for by g pace. i t is within the 50 -foot buffer but on the far side of the house from the 25400t buffer with no -tructur__ increase aside from the staircase. Staff I lave even -thing needed to close. \Iotion Motion to Close. (made by: LaFleur) (seconded by: Engelbourg; Vote Carried unanimously 14. *.Joseph Saluti - 1-4 Cliff Road (41-63) SE48-3224 Sitting Frisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Nlark Rits, Site Design Engineering Public None Discussion (Zut; Rits - The wetland boundan- was confirmed in May 2019. This is for site modifications enclose an ev-ting porch and construct a new porch outside the 50 -foot buffer: reconfigure the 5 -foot buffer to a small man- made pond that has become a wetland; install septic components within the buffer; add a deck. install a nc-, well; construct a shed outside the 50 -foot buffer; and construct a retaimng w -all and pool outside the 5 --foo, buffer. Did a follow-up test pit and found a bit of a perched water table on top of do sand: the wetland i, a, elevation 13-14; ground water is at 12 feet. we are revising the pool to 6 feet deep to be _'-feet above higi- ground water. Proposing buffer zone replanting areas to increase the amount of vegetation between the �- and 50 -foot buffers to bring it up to 500 o. Page 4 of 8 ConCom Minutes for July 31 2019 adopted Aug. 14 Staff Have even -thing needed to close. \lotion Motion to Close. (made by: Topham) (seconded by: Phillips) Vote Carried unanimously 15. 'Nantucket Islands Land Bank —Washington Street and Consue Springs (55/55.1.4-415/15) SE48-3220 Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Rachel Freeman, Nantucket Islands Landbank Public None Discussion (7:12) Freeman — This is for site improvement of public access; resource saltmarsh, bordering vegetated wetland and land subject to coastal storm flowage. On the Washington street lot outside the 50 -foot buffer «ill add split -rail fence, remove hedgerow, and revegetate the area. On Consue Springs duck pond, work is within the bordering vegetated wetland and coastal bank: maintain timber bulkhead, asking to lay Fibergrate R on the path to the wetland rather than install a raised walkway; and install a split -rail fence. Engelbourg — About the fence, asked why it is being installed. Freeman — Vehicles are parking on the wetland path; the fence would prevent that. Staff Have even -thing needed to close. \lotion Motion to Close. (made be: Phillips) (seconded by: Engelbourg) Vote Carried unanimously B. Amended Orders of Conditions 1. Nantucket Islands Land Bank — 21 & 27 Easy Street (42.4.2-20 & 18) SE48-3002 Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Roger \lichniewicz, Coastal Engineering Co., Inc. Richard Fitzgerald, Marine Structural Engineer Rachel Freeman, Nantucket Islands Landbank Public None Discussion (7:19) Miehniewiez — The site is supported by a bulkhead. There is concern about the stabiht- ' y of the structure at 29 East- Street; the bulkhead protecting that is deteriorating; that has resulted in a wash-out hole on our property in a 2018 nor'easter. Asking to construct a 70 -foot long buried sheet -pile wall along the property line and repair the existing bulkhead along the harbor. Fitzgerald — Explained how the bulkhead and sheeting would be constructed. An issue with this site is that the work platforms will be grounded in mud at low tide. Phillips —The package is very technical and brief; she'd like more information. Fitzgerald — The platforms would be about l ON6 and the work will take about two months in the Spring. Phillips — She thinks it fair to expect further flooding; asked about the longevity of this project in the face of rising water. Fitzgerald — The bulkheads will be fine; a coated surface can last 20 years. Rising water impacts the land behind the bulkhead. Erisman — Asked if this requires a siltation curtain. Fitzgerald — Yes; a debris boom will surround the work area. Freeman — the Landbank is well aware this work is part of the larger discussion of coastal resiliency. Staff We've looked at the area before; it is not an eel -grass habitat. There is a discussion regarding the Easy Street bulkhead and how the whole area functions; currently the bulkhead has varying heights around the basin. Recommend close and issue \lotion Motion to Close and issue. (made by: "Popham) (seconded by: Steinauer) Vote Carried unanimously 111. PUBLIC MEETING C. Requests for Determination of Applicability I. George Thom— 253 Polpis Road (25-23) Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative David \l. Haines, Haines Hvdrogeologic Consulting Public None Discussion (7:34) Haines — This is to improve an existing septic by installing I/A components into the system. Leach field is outside the buffer zone all in existing lawn. The Wetlands are off the property. No waivers required. Staff Recommend issue as a Positive 2A confirming the boundaries and Negative 3 allowing work in the buffer. \lotion Motion to Issue as recommended. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously Page 5of8 ConCom Minutes for 1uh- 31 2019, adopted _Aug. 14 D. Minor Modifications 1. Biggio-155 Wam6net Road (11-1) SE48-3192 Sitting Frisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Philhps Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative _1rt Gasbarro, Nantucket Engineering & Survey Public '_done Discussion (7:38) Gasbarro - This is to change the driveway material to brown gravel and add a cobblestone apron. 'I-hAs within the buffer to the resource area. Erisman - Does not want them using herbicides to manage grass. Staff This could be approved limiting the use of herbicides. Recommend approval as a minor modification conditioned with no use of herbicide. \lotion Motion to Approve as recommended. (made by: LaFleur) !seconded by: Engelbourg Vote Carried unanimoush- 2. Paul j. Brody - 11 E Street (60.2.1-4) 5E48-3093 Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Represen tit tive Bnan Madden, LEC Frie-ironmental Public '_done Discussion (7 31) Madden -This is to remove a retaining -wall and replace a wood patio with a n-ptcal deck outside the 5 --foo• buffer and to provide more detail on the revegetation efforts with a planting plan. Erisman - There are cultivars on the list; those should be eliminated. Staff Fxplained what constitutes a minor modification versus an amended order. Recommend approve as a minor modification with no cultivars. \lotion Motion to Approve as recommended. (made bv: LaFleur) (seconded b�-: Stemauer Vote Carried unanimous) E. Certificates of Compliance 1. Cambridge- 10 \ledowe Creek (20-31.1) 5E48-230" (Cont. 08/28/2019) 2. Cambridge - 10 '_AIedouie Creek (20-31.1) SE48-1810 (Cont. 08/28/2019) 3. Bew•kes III - 6- Squam Road (13-14) SE48-3112 Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Staff Work completed and is compliant. Recommend the be issued. Discussion (7:45) bone \lotion Motion to Issue. (made by: Topham) (seconded by: LaFleuri Vote Carried unanimoush- 4. Jennifer Silver- 45 Starbuck Road (59.3-50) SE48-25-1 (Cont. 08/14/2019) 5. 9 Swain Street, LLC - 36 Western _Avenue (8--133) SE48-3058 Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Staff Structural work is completed, and restoration is complete. Recommend issue NA -ITh on-going Condtnon _2 - Discussion (7.400 '.done \lotion Motion to Issue with on-going Condition 20. (made by: Steinauer, 'seconded by: Engelbourg Vote Carried unanimoush• 6. Sixty -Four Walsh Street, LLC - 66 Walsh Street (formerly 64 Walsh Street Lot l; SE4B-29_21 (Cont. 09/11/19) F. Orders of Condition 1. dames \1. Godec - 40 Squam Road (13-2-) 5E48-3218 Sitting 1?nsman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Draft Order of Conditions Staff Will add Condition 23 about the depth of pool. Will modify Condition 21 about discharging to a truck (jut -12 sc resource area. Discussion (7:48) Golding -Therefore waivers would not be required. We talked about discharge of the pool \lotion Motion to Approve as amended. (made by: Golding) 'seconded by: LaFleur Vote Carried unanimously 2. Ai1,16, LLC - 45 Sha--kemo Road (2--18) SE48-3221 Sitting Fnsman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Draft Order of Conditions Staff Will tack on Massachusetts _natural Heritage conditions. Discussion (7:5') None \lotion Motion to Approve as amended. (made b\-: LaFleur) ,seconded hi-: Steinauer Vote Carried unanimoush- Page 6 of 8 ConCom Minutes for Jul- 31 2019 adopted Aug. 14 3. 85 North Sankarv, LLC — 85 Sankaty Road (42-91) SE48-3226 Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Draft Order of Conditions Staff They could use a 150 -foot hose to discharge outside the resource area; we can't regulate that; the other lot, 4(1 Squam, is too small to allow them to do that. The Board of Ilealth is working provisions for oversight of pool discharge; it should come very quickly. Discussion (7:52) Engelbourg — Asked about discharge of the pool to a truck. Phillips — _asked if there is a way to monitor and follow up on the discharge of pools. \lotion Motion to Approve. (made by: Topham) (seconded by: LaFleur) Vote Carried unanimously 4. Joseph Saluti — 174 Cliff Road (41-63) SE48-3224 Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Draft Order of Conditions Staff Will add Condition 25 limiting the pool to 6 feet deep. Discussion (7:58) None Motion Motion to Approve as amended. (made by: Golding) (seconded by: Topham) Vote Carried unanimously 5. Nantucket Islands Land Bank — Washington Street and Consue Springs (55/55.1.4-415/15) SE48-3220 Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Draft Order of Conditions Staff Will add Condition 21 allowing the walkway for the life of the permit. Discussion (s:oo) Erisman — Asked if there needs to be a notice that the walkway is temporar- \Iotion Motion to Approve as amended. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously G. Other Business 1. _approval of Minutes 07/17/2019: Adopted by unanimous consent. 2. 'Monitoring Report: None 3. Cigarran — 25 East Tristram Avenue Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Representatives Maria Zodda, 3 Dionis Beach Road John Millar, 3 Dionis Beach Road .art Gasbarro, Nantucket Engineering & Survey for 25 East Tristram Avenue Discussion (8:04) Carlson — Ms. Zodda asked this be posted to have a discussion. Zodda — Read a statement into the record objecting to work done at 25 East Tristram that interferes with residents' beach rights by blocking a public -access easement. _asked what conditions were allov.-ed. She asked for the entire order of conditions but didn't get it. Millar — It would be good to know if they've exceeded their bounds. They've blocked public access to the beach. Erisman — With coastal erosion project, we require sand mitigation to maintain the beach. The interference of access is an unforeseen consequence. It would be better to have a proper access point rather than walking down the face of the bank. The sand is there to compensate for sand no longer coming from a bank that would go into the littoral system. Gasbarro — It is a large volume of sand and required; the owner did not intend to stop others from reaching the beach. The way is not a public wad- though others might have rights to use it; that is a legal issue. The Cigarran family absolutely has rights to place the sand and installed a seasonal staircase to the beach; he has filed a NOI to permit the staircase. This is the first year for the staircase. Carlson — Read the condition about beach nourishment. Millar — This is the first year we've seen the 450 cubic yards of sand dumped there; the stone revetment is now covered by sand. In the past, smaller amounts were used. Engelbourg — If they had just put stone in there, that would be unprecedented. In terms of the seasonal stairs, a NOI would come in and been issued. The ladder the neighbors put in could have an enforcement order issued against it. Carlson — The owner has an outstanding issue, whether the beach grass was planted or is naturally occurring. Golding — _asked where this is going; should the sand have been restricted to in front of the property. Carlson — The Cigarrans can put the sand on any land they have rights to. There is the matter of legal rights versus easement rights for using the right of wad-. Zodda — Contends Mr. Cigarran put sand beyond the area for which he has right of use. Gasbarro — The greatest concern is access; he wants to look at if simple shovel work would fix that issue. In terms of loss, another wad- to look at it is contribution of sand into the system. He will provide his contact information to work out the issues with the neighbors. The sand is clean and compatible. Steinauer — This is a broad issue with minimal information. Mr. Gasbarro is trying to come up with a solution and we should wait for the notice and the plan. Page 7of8 ConCom -Minutes for luh- 31 2019 adopted _�ug14 4. Reports: it. CR1C, Carlson -The next meeting is after Labor DaN . b. CPC, Topham - None c. NP&FDC, Phillips - _gone d. Mosquito Control Committee, Ensman -_gone 7. Commissioners Comment: it. Steinauer - Asked Staff send Paul Santos a card of condolence. h. Golding -The audio of the videos is hard to hear; asked if something can be done to improve that. c. Engelbourg - In the regulator update, he'd like to discuss seed sources for (restoration, plantings. d. Frisman - Wants periodic updates regarding the `Sconset Beach Preservation Foundation !SBPF, appeal - 6. Administrator/Staff Reports: it. Summerhouse Pool -That is being handled by the Board of Health. b. SBPF - There is an unfounded rumor George Pucci is not N-vorking the appeal for the Toxrn: Mr. Pucci t, handimi , *re appeal. -A Department of Environmental Protection site visit is scheduled for _�ugu�t - at I p.m.. he can post'It a- a meeting in the event more than three commissioners are present. Suggested it is useful for coma ionerr to atten:; the appeal to shoo- support for the decision. .Adjourned at 8:43 p.m. by unanimous consent. Submitted by: 'fern L. Norton Page 8of8