HomeMy WebLinkAbout2019-8-28Commissioners
ConCom Minutes for August 28 2019 adopted Sept. 11
CONSERVATION COMMISSION _ F
PUBLIC MEETING
2 Bathing Beach Road
Nantucket, Massachusetts 02554
www.nantucket-ma.gov
Wednesday, August 28, 2019 Pat
, + 2.O J
4 Fairgrounds Road, Training Room — 5:00 p.m.
Ashley Erisman (Chair), Ian Golding (Vice Chair), Ernie Steinauer, David LaFleur, Joe Topham,
Seth Engelbourg, and Maureen Phillips
Called to order at 5:00 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office Administrator,
Terry Norton, Town Minutes Taker
Attending Members: Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Earlier Departure: None
Agenda adopted by unanimous consent
*Matter has not been heard
1. PUBLIC MEETING
A. Announcements
B. Public Comment:
RJ Tureotte, Nantucket Land Council (NLC) — It came to our attention that `Sconset Beach Preservation Fund (SBPF)
has changed their monitoring protocol from quarterly to bi-annually. He's been trying to find out if they have applied for
the amendment to reduce that frequency. Staff — We are actively looking into that.
II. PUBLIC HEARING
A. Notice of Intent
1. Mary D. Starr — 19 East Creek Road (55-60) SE48-2985 (Cont. 09/25/2019)
2. Gregory Reyes — 19 East Creek Road (55-60) SE48-3065 (Cont. 09/25/2019)
3. LAZ Family N.T. — 20 Waqoit Road (90-5) SE48-3131 (Cont. 09/11/2019)
4. *Marsha Fader — 36 Liberty Street (42.3.4-83) SE48-3206
Sitting Erisman, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative David M. Haines, Haines Hydrogeologic Consulting
Marsha Fader, owner
Public Lucy Dillon, 37 Liberty Street
Gregg Elder
Discussion (5:03) Haines -This is to continue the routine maintenance that has taken place since 1910. The plan in the NOI
shows the original 1910 design. It is mostly mowed lawn area with historical and indigenous plants. Would
like to plant a hedge of inkberry along the property line with a wire wild -life fence. There is stonework along
the edge of the pond and maintain the man-made pond and repair the bank, then fence off the bank until it is
reestablished. All work will be done by hand.
Phillips —The scope of work states they want equipment for special events; asked what that means.
Haines — To keep using as a lawn and erect a tent if there is a party. They want to continue using the land as
it has been used.
Erisman — Among plant species listed, there is an expansion of using cultivars that wouldn't be allowed in
the wetland area and they didn't exist in 1910.
Fader — She thought she was matching the area.
Engelbourg — About the water lilies for the pond, there is no species listed on the type. He wants to ensure
the water plant is not an invasive species. If it is invasive, the removal must be to off the site. The new list
includes species that weren't included on the original plan.
Erisman — About the pond fence, doesn't know about denying wildlife access to the pond.
Haines — It would be just to protect the repaired bank until it's established again.
Dillon — She looks out over this yard, which is a pleasure. Ms. Fader diligently works the land. She supports
this application.
Elder — His family used to own this property. The pond was put in by his ancestor; the only way to maintain
it is to regularly remove lilies when they get overgrown which is beneficial to the area.
Erisman — If a tent is put up, it should be outside the wetland area.
Fader — No flooring would ever be in the wetland.
Staff We reviewed the wetland line and agree with the line on the plan. Our most recent inspection did include a
significant population of marsh pennywort, which isn't unexpected.
Have everything needed to close.
Motion Motion to Close. (made by: LaFleur) (seconded by: Topham)
Vote Carried 5-0 (Steinauer & Golding recused)
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ConCom Minutes for August 28 2019 adopted Sept. 11
5. Grant L. & Margaret C. Cambridge —10 Medouie Creek Road (20-31.1) SE48-3216
Sitting Erisman, 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.,
Brian Madden, LEC Environmental
Public None
Discussion (5:21) Dale — This is to improve structures within the 50 & 25 -foot buffers. Addressed concerns raised at the last
hearing. A new plan that shows removal of the retaining wall from the buffers zone and that area regraded -
Also, we have planting within the 25 -foot plan; within the 50 -foot buffer all that's left is a pervious parking
area and stone walkway.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Phillips) (seconded by: Engelbourg)
Vote Carried unanimously
6. Gisela Leinhard —11 Jonathan Way (75-42) SE48-3217
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Jeff Blackwell, Blackwell & Associates
Joel Quick, Pierce Atwood, LLP
Public R.J. Turcott, Nantucket Land Council, Inc.
Discussion (5:24) Blackwell — Reviewed information submitted at the board's request groundwater study and no reasonable
alternative. There was reference to a denial for a similar project on 42 Wauwinet Road; explained why this is
different than that situation.
Quick — A letter was submitted on August 23 referencing the other property and groundwater flow on this
property. The leach field is as far away as possible from all resource areas. The house will be on a crawl space;
any dewatering will be temporary into an infiltration area.
Golding — According to a U.S. Geological Service 2011 paper, groundwater flow margin for error runs from
15 to 20 degrees. He questions how accurate these models are; also, from 2018, a paper casts doubt on
groundwater models being accurate. We should look at how accurate these measurements really are.
Blackwell — The three studies have consistency of monitoring groundwater flow. There might be a slight
variation, but it won't direct the leach -field flow toward the wetland.
Engelbourg — In terms of groundwater flow, he agrees it will flow away from the wetland but asked if there
is any grading at the edge of the property that might redirect the flow back to the wetland.
Blackwell — The grade rises toward the road with the slope toward Tom Nevers Pond but there is a lot of
upland between here and the pond.
Erisman — She's concerned about the need for two separate waivers: foundation from groundwater and the
septic from groundwater.
Blackwell — The bottom of the crawl space footings would be about 1 -foot above groundwater.
Steinauer — He has problems with pools and basements displacing groundwater; footings won't obstruct
flow.
Golding — Asked if another location for the leach field was considered.
Blackwell — The location chosen maximizes distances from the wetlands and private wells.
Phillips — This is clearly a way to shoe -horn a development into an area that would otherwise be too small.
Quick — He feels this is the best that we can do with this structure and septic fields. The lot was established
50 years ago.
Engelbourg — Examining the position of the structure and driveway, the plan shows the top of the driveway
is at elevation 9.2; that might be a better location for the house to maximise the separation from groundwater.
Blackwell —The house is currently outside the 50 -foot setback from the leach field.
Steinauer — We haven't considered something like a composting toilet; that might work with the grey water
going through the septic and the black water being composted and hauled to the composter at the landfill.
He'd be more comfortable if the black water weren't going into a septic which is within the buffer.
Engelbourg —The phosphorous of Tom Nevers Pond is very high.
Blackwell — We're not within the buffer for the pond.
Steinauer — In our sandy soil, we don't have particles that would absorb chemicals; there is veru little in the
way of horizontal buffers.
Phillips — Asked about a tight tank here.
Turcotte — Read from the Nantucket Resource Water :Management Plan. Flow will be southeast and
eventually reach the wetland and the pond; this is not an area for a leach field.
Engelbourg — Asked if there are systems that reduce phosphorous.
Blackwell — There is; three of them are on Island but they have not done well here.
Steinauer — If the study showed water flowing toward the pond we'd agree with it without question; we can't
decide to pick and choose which studies we agree with. We've relied on these studies in the past.
Erisman — She'd still like to see some alternatives.
Blackwell — Requested a 2 -week continuance.
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ConCom Minutes for August 28, 2019, adopted Sent. 11
Staff He'd have to talk to the Health Department about their analysis of composting toilets.
The requirement for tight tank, you have to demonstrate there is no other Tide 5 system that can be used.
Motion Continued to Sept. 11 by unanimous consent.
Vote N/A
7. Lotte Leschly APRT & Jan Leschly QPRT — 65 Squam Road (13-15) SE48-3233
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 (5:59) Gasbarro — This is the second hearing; reviewed supplemental information that addresses previous concerns.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Lafleur) (seconded by: Topham)
Vote Carried unanimously
8. *115 Baxter Rd, LLC and 117 Baxter Rd, LLC —115 & 117 Baxter Road (75-42) SE48-3232
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
Steven Cohen, Cohen & Cohen Law P.C.
Jill Kelly, Owner
Public R.J. Turcott, Nantucket Land Council, Inc.
Burt Balkind, Coastal Conservancy
Discussion (6:01) Gasbarro — This is to relocate a pre -1978 structure within the buffer to the eroding bank to obtain maximum
possible separation from the bank. They are in the process of obtaining a license from the Select Board to
have the structure within the Baxter Road layout, where there are no municipal services or pavement. We
would like to reuse sand material from the foundation excavation to stabilize the bank by dumping it over the
bank. We feel the removal of the current foundation will destabilize the bank; the owners wish to use it for an
underground garage and storage with a deck over it.
Steinauer — This is the sort of plan we like to see.
Erisman — She doesn't agree with putting a structure on the current foundation.
Gasbarro — We could add infiltration chambers; the grade falls toward the road, not the bank. The southwest
corner of the lot is the lowest point.
Golding — Questions if relocating the structure continues to afford it pre -1978 protection. This came up for
pre -1978 houses moved across Baxter Road.
Cohen — The house dates from the 1940s. He feels it would continue to be afforded protection.
Erisman — This structure would still be within the 50 -foot buffer to the .bank; that's what concerns her.
Normally, we wouldn't approve a structure on the lot.
Engelbourg — His concern is the garage with potential livable space on a pre -1978 foundation. Questions if
that means there are not two pre -1978 structures on the lots.
Erisman — Asked how much construction room would be needed to remove the foundation.
Gasbarro — When it becomes exposed, it would be removed from the road side.
Turcotte — We have no issues with moving the house. As far as building another structure, that doesn't make
sense. Suggested the excavated dirt be used to fill the foundation; better yet remove the foundation.
Balldnd — He supports moving structures away from the bank. He's seen foundations removed before; it can
be done.
Kelly — If we take the foundation out, the bank will collapse; it's a very deep basement. The basement space
other than the garage is for storage.
Erisman — She's not comfortable with allowing the garage in and putting a deck on the current foundation.
Steinauer — A 13,000 square foot deck is not tiny.
Cohen — It's currently a 1 -car garage with a basement mechanical area. There is no finished space.
Engelbourg — He's also not comfortable with the garage, especially the decking over it. He'd prefer a
vegetative cover to deal with the run off.
Erisman — Even with a green roof it would be considered structural under out regulations. If it can't be
removed, it should be filled whatever is excavated for the new location.
Golding — By allowing the deck on the foundation, we would essentially be permitting a new structure within
the 50 -foot buffer.
Steinauer — We could condition it that it doesn't qualify as a pre -1978 structure.
Phillips — She's not sure conditioning it as not pre -1978 is the way to go. Explained the legalities of doing
that.
Cohen — Suggested they could remove the part closest to the bank and keep the small piece of the garage.
Gasbarro — Asked to continue the hearing for a revised plan. Asked if it would be amenable to the
commission he could mark up the plan to become a plan of record; that would allow them to get a building
permit to move the house as soon as possible.
Engelbourg — Asked about it having a green roof.
Gasbarro — Explained there are a lot of difficulties and permits connected to doing that.
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ConCom :Minutes for August 28 2019 adopted Sept. 11
Discussion about conditioning that when the bank is 5 feet from the foundation, it will be removed.
Golding — He's not in favor of allowing them to construct a garage.
Erisman — She wants to see a revised plan.
Cohen — Asked for a 2 -week continuance.
Staff The Department of Environmental Protection, in their guidance, relates to the idea of maintaining the pre -
1978 status as long as you move farther from the resource area; you can lose the protection by moving closer.
You can have a finding that grants it protection.
Department of Environmental Protection recommends any substantial change be provided on a revised plan
before the hearing is closed.
Motion Continued to September 11 by unanimous consent.
Vote N/A
9. Nantucket Property Trust —13 Hallowell Lane (30-11) SE48-3225
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 (6:36) Gasbarro — We provided a letter responding to comments about the mean -high water line.
Staff We were waiting for Massachusetts Natural Heritage comments; we've received those.
Have everything needed to close.
Motion Motion to Close. (made by: Engelbourg) (seconded by: LaFleur)
Vote Carried unanimously
10. Ceylon Elves, LLC — 3 Wyers Way Lot x1(41-380) SE48-3230
11. Ceylon Elves, LLC — 3 Wyers Way Lot B (41-380) SE48-3229
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative David M. Haines, Haines Hydrogeologic Consulting
Steven Cohen, Cohen & Cohen Law P.C.
Public Jesse Bell, Assistant Director Nantucket Islands Land Bank
R.J. Turcott, Nantucket Land Council, Inc.
Discussion (6:39) Cohen — There is some potential question about whether or not Wyers Way is a public road of if it belongs to
the Land Bank; that brings into question if his client has the right to improve this. For the purpose of this
application, sticking to the properties only. We will not close to allow time if corrections are needed.
Haines — Reviewed supplemental information provided in response to questions posed at the prior hearing.
Still asking for a waiver from 2 -foot separation from groundwater, A temporary monitoring well was installed
in the winter; the bottom of footings will be at elevation 14 while the groundwater fluctuates be elevations 12
& 13. We will do work in the Fall when the water table is at its lowest. There is permeable soil goes 4 feet
down with about 2 feet of soil being added. Feels there is no impact to the wetland resource area. The
driveway is being realigned so that it will reduced by 6% in the area between the 25 & 50 -foot buffers; asking
for a waiver for work to remove 735 square feet (SF) of invasive species and convert 690 SF of lawn into
buffer.
Golding — Asked if Mr. Haines feels an alternative analysis is necessary.
Haines — It slopes up from elevation 15.5 to 16.3. We aren't planning on dewatering so there will be no
siltation. Groundwater will flow around and under the foundation. There is a split rail fence that will be
replaced with a board fence outside the 50 -foot buffer.
Engelbourg — Alteration, of more the 50% of land in the 25 & 50 -foot buffers, is a concern; feels that could
be tweaked to bring that down by 14%.
Erisman — The new lot lines were drawn without looking at the resource areas and buffers.
Steinauer — The 50% was to protect native vegetation; he feels altering lawn even to driveway is different.
Engelbourg — A lawn absorbs water better than a pervious driveway.
Topham — Suggested a grass -strip driveway.
Discussion about the need to reduce the amount of driveway in the buffer zones.
Erisman — She'd like to see an alternative to the waiver for the 2 -foot separation.
Bell - Here to assert the Land Bank's ownership of Wyers Way. The subdividing was based upon an
assumption of access.
Engelbourg — Asked if there is alternative access to the property.
Cohen — The lot was created in 1954 and the second plan was served by flee Planning Board in 1968, which
show Wyers Way as access. If this is land lock, it's subject to the State Right of Access, which isn't ConCom
jurisdiction.
Turcotte — Clarified their letter, as far as moving the driveway to the west side and moving the structure
uphill would lessen impact on the resource area and possibly eliminate need for waivers.
Haines — Asked for a 2 -week continuance.
Staff The way the 50% is written, it doesn't contemplate what that alteration is; by the letter of the law, converting
a driveway to lawn would still require the waiver.
Access is a matter between the applicant and the Land Bank -
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ank.
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ConCom Minutes for August 28, 2019, adopted Sent. 11
Motion Continued to September 11 by unanimous consent.
Vote N/A
12. Constance & Thomas Cigarran — 25 East Tristam Avenue (31-1) SE48-3235
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 (7:08) Gasbarro — This is the second hearing for beach stairs. We were waiting on a Department of Environmental
Protection number, which we now have.
Golding — We're missing an opportunity to ensure public access.
Engelbourg — There is a possibility for public access but that's outside our purview.
Erisman — It's for a specific group.
Staff Have everything needed to close.
Motion Motion to Close. (made by: LaFleur) (seconded by: Topham)
Vote Carried unanimously
13. Sara & Thomas D.C. Brown & Little — 9 North Avenue (42.4.4 — 58) SE48-3234
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Art Gasbarro, Nantucket Engineering & Survey
Public None
Discussion (7:11) Gasbarro — Provided a revised plan showing a Belgium block boarder around a pervious drive and no parking
permitted on the lawn. The structures predate the regulations. Work will be within the flood zone. It's only 3
square feet of the addition intruding into the wetland buffer.
Steinauer — He doesn't have a problem with the sliver over the line.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Topham) (seconded by: LaFleur)
Vote Carried 6-0 (Engelbourg recused)
14. *Dworetsky/Banse Family Trust — 8 Shawkemo Road (43-90) SE48-3237
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative David M. Haines, Haines Hydrogeologic Consulting
Public None
Discussion (7:18) Haines — This is for the removal of the existing house and construction of a new house, pool, and
garage/apartment. Work is within buffer to the bordering vegetated wetland. A previous NOI relocate a
wooden fence and restored the buffer zone; that work has been completed. Not asking for any waivers.
Landscape plan shows a buffer established at 37.5 feet. A portion of the house and garage are within the
buffer. There will be no fertilizer or pesticides used.
Engelbourg — The landscape plan shows a cultivar.
Erisman — Confirmed the split rail fence is being moved to the 37.5 -foot mark with the relocated fence.
Should be conditioned for no cultivars within the 50 -foot buffer.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Engelbourg) (seconded by: LaFleur)
Vote Carried unanimously
15. *Elizabeth & Robert Rothbard — 3 Brooks Farm Road (41-222.7) SE48-3238
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 (7:25) Gasbarro — This is for residential development within the buffer to an isolated vegetated wetland on a vacant
lot. Structural elements are outside the 50 -foot buffer and limit of work will be at the 38 -foot line. Submitted a
stamped surveyor plan at the table. The only waiver is for separation from groundwater for the footings; any
dewatering would be temporary and that can be done on the property without impact to the wetland.
Erisman — The plant species aren't called out. Any roses have to be noted as native. Asked about the
Hydrangea.
Gasbarro — Hydrangea would go around the perimeter of the house.
Turcotte — Asked that alternatives be explored to negate the need for a waiver.
Gasbarro — We're doing and 8.5 -foot foundation wall to keep it above the groundwater elevation. They want
a basement rather than a crawl space. He did a test pit at the construction site, and the structure would about
2 -feet higher than groundwater elevation was observed. There is another structure and driveway proposed
outside ConCom jurisdiction; that's why the main house is going in this location.
Staff Have everything needed to close.
Motion Motion to Close. (made by: LaFleur) (seconded by: Golding)
Vote Carried unanimously
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ConCom Minutes for August 28, 2019, adopted Sept 11
16. *Sarah McLane — 6 Gull Island Lane (42.4.3-16) SE48-3236
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Brian Madden, LEC Environmental
Sarah McLane, owner
Public None
Discussion (7:32) Madden — This is for two additions to the house and removal of cantilevered elements within buffer to
wetlands across the street. No work is within the 25 -foot buffer. The additions will be on crawl spaces. The
existing foundation will be rehabilitated in place.
Erisman — Her concern is ensuring construction vehicles along the wetland
Staff Have everything needed to close.
Motion Motion to Close. (made by: Topham) (seconded by: LaFleur)
Vote Carried unanimously
B. Amended Orders of Conditions
1. Sixty -Four Walsh Street, LLC — 66 Walsh Street (Formerly 64 Walsh Street Lot 1) (29-94.1) SE48-2921
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Mark Rits, Site Design Engineering
Public None
Discussion (7:36) Rits — The amendment is for a shed on the Walsh Street side; it is already in place. Resource is land subject to
coastal storm flowage. The shed is 10X12.
Erisman — This area is having trouble with flooding during rain events; we keep adding more and more. We
need to look at this area more critically. Rain runoff will land beside the shed.
Engelbourg — Suggested shrubs could be planted around the shed to help absorb runoff.
Staff Brant Point has many problems beyond what we will talk about The land subject to coastal storm flowage
resource area doesn't allow for rainfall impact. The flooding is from coastal storm flowage, not rain fall.
Motion Motion to Close and Issue. (made by: LaFleur) (seconded by: Golding)
Vote Carried unanimously
111. PUBLIC MEETING
C. Requests for Determination of Applicability
1. 123 Cliff Road Nominee Trust — 123 Cliff Road (41-3)
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 (7:42) Gasbarro — This is for resource area boundary determination.
Staff We reviewed this and recommend issuance as a Positive 21 for work within the buffer zone.
Motion to Issue as recommended. made b : Golding) seconded b . Lafleur)
Motion �� ( Y•
( Y
Vote Carried unanimously
2. 78 Wauwinet Road, LLC — 78 Wauwinet Road (14-18)
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 (7:43) Gasbarro — This is for resource area determination; boundaries were approved in 2012. We have updated the
coastal bank erosion.
Staff We confirmed it originally and still agree. Recommend issuance as a Positive 21 for work within the buffer.
Motion Motion to Issue as recommended. (made by: Steinauer) (seconded by: Topham)
Vote Carried unanimously
D. Minor Modifications
1. Petrocelli — 2 North Beach Street (42.4.1-64) SE48-3135
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surveyors
Public None
Discussion (7:46) Santos — This is for eliminating the living space component; there will be just an open porch. The resource
areas are land subject to coastal storm flowage and a wetland at the comer of Easton Street
Staff Recommend approval.
Motion Motion to Approve. (made by: LaFleur) (seconded by: Phillips)
Vote Carried unanimously
2. 205 EP Trust — 205 Eel Point Road (38-31) SE48-3040
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Jeff Blackwell, Blackwell & Associates
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ConCom Minutes for August 28 2019 adopted Sept 11
Public none
Discussion (7:48) Blackwell — This is to substitute a pergola with a small deck near the pool and bluestone walkway more than
50 feet from the coastal bank.
Staff Recommend approval.
Motion Motion to Approve. (made by: Steinauer) (seconded by: LaFleur)
Vote Carried unanimously
E. Certificates of Compliance
1. Monomoy, LLC — 20 Monomoy Road (54-145) SE48-2952
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Staff This can be issued; all is in compliance.
Discussion (7:51) None
Motion Motion to Issue. (made by: Golding) (seconded by: Steinauer)
Vote Carried unanimously
2. Hardman — 51B Madaket Road (41-325.1) SE48-3110 (Cont. 09/11/2019)
3. Oak Hollow Realty Trust —121 Oak Hollow Lane (56-128.1) NAN-116
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Staff This is in compliance. It can be issued with no ongoing conditions.
Discussion (7:52) None
Motion Motion to Issue. (made by: Engelbourg) (seconded by: LaFleur)
Vote Carried unanimously
4. 205 EP Trust — 205 Eel Point Road (38-31) SE48-3240
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Staff This is in compliance
Discussion (7:50) None
Motion Motion to Issue. (made by: Steinauer) (seconded by: LaFleur)
Vote Carried unanimously
5. Gilles — 145 Wauwinet Road (11-7) SE48-574
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Staff This is a re -issue.
Discussion (7:53) None
Motion Motion to Re -Issue. (made by: Golding) (seconded by: Engelbourg)
Vote Carried unanimously
F. Orders of Condition
1. Marsha Fader — 36 Liberty Street (42.3.4-83) SE48-3206
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation None
Staff Didn't draft an order for this.
Discussion (7:53) None
Motion No action at this time.
Vote N/A
2. Grant L. & Margaret C. Cambridge —10 Medouie Creek Road (20-31.1) SE48-3216
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff There is a condition requiring the retaining wall within the buffer be removed. Condition 21 will ban cultivars.
Discussion (7:54) Golding — Suggested different wording specifying it can remain outside the 50 -foot buffer.
Erisman — Would like to specify no cultivars.
Motion Motion to Approve as amended. (made by: Steinauer) (seconded by: LaFleur)
Vote Carried unanimously
1. Lotte Leschly QPRT & Jan Leschly QPRT — 65 Squam Road (13-15) SE48- 3233
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff Condition 20 will address converting the deck to interior space.
Discussion (7:56) Erisman — The cantilevered deck should not become living space.
Motion Motion to Approve as amended. (made by: Golding) (seconded by: Topham)
Vote Carried unanimously
2. Nantucket Property Trust — 13 Hallowell Lane (30-11) SE48-3225
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff Included copy of Massachusetts Natural Heritage letter with conditions.
Discussion (7:58) None
Motion Motion to Approve as drafted. (made by: Golding) (seconded by: LaFleur)
Vote Carried unanimously
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ConCom Minutes for August 28, 2019, adopted Sept. 11
3. Constance & Thomas Cigarran — 25 East Tristam Avenue (31-1) SE48-3235
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff Fairly straight forward.
Discussion (7:59) Golding — We missed an opportunity that when the bulkhead was improved to insist on public access along
the beach; at high tide the beach is cut off.
Motion Motion to Issue as drafted. (made by: Engelbourg) (seconded by: Phillips)
Vote Carried unanimously
4. Sara & Thomas D.C. Brown & Little — 9 North Avenue (42.4.4 — 58) SE48-3234
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation None
Staff Didn't draft an order. Will draft a positive order.
Discussion (8:01) None
Motion No action at this time.
Vote N/A
5. Dworetsky/Banse Family Trust — 8 Shawkemo Road (43-90) SE48-3237
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff Will add Condition 23 banning cultivars within the setback. Condition 24 will relocate the fence.
Discussion (8:02) None
Motion Motion to Approve as amended. (made by: Steinauer) (seconded by: Phillips)
Vote Carried unanimously
6. Elizabeth & Robert Rothbard — 3 Brooks Farm Road (41-222.7) SE48-3238
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff He will add a condition for no cultivars.
Discussion (8:04) None
Motion Motion to Approve as amended. (made by: Golding) (seconded by: LaFleur)
Vote Carried unanimously
7. Sarah McLane — 6 Gull Island Lane (42.4.3-16) SE48-3236
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff Fairly straight forward.
Discussion (8:05) None
Motion Motion to Approve as drafted. (made by: Golding) (seconded by: Steinauer)
Vote Carried unanimously
G. Other Business
1. Approval of Minutes — 08/14/2019: adopted by unanimous consent
2. Monitoring Report: 17 Eat Fire Spring (20-57) SE48-3024
3. Reports:
a. CRAC, LaFleur — Meets the 3rd.
b. CPC, Topham — Opens for applications in September.
c. NP&EDC, Phillips — No August meeting.
d. Mosquito Control Committee, Erisman — Nothing to report.
4. Commissioners Comment
a. Erisman — Would like to see discussion on regulations scheduled.
b. Erisman — Asked if people are submitting plant invoices to confirm no cultivars.
Carlson — Sometimes they do, sometimes we collect tags off plants.
5. Administrator/ Staff Reports
a. Thursday is the on-site Baxter Road site visit. George Pucci will be there and will call to order if he thinks it necessary.
b. Petrel Landing is in the Office of Dispute Resolution. They're appealing the State's superseding order.
Adjourned at 8:12 p.m. by unanimous consent.
Submitted by:
Terry L. Norton
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