HomeMy WebLinkAbout2019-10-23ConCom Minutes for October 23, 2019, adopted Nov. 6
CONSERVATION COMMISSION
PUBLIC MEETING
2 Bathing Beach Road
Nantucket, Massachusetts 02554
www.nantucket-ma.gov
Wednesday, October 23, 2019
4 Fairgrounds Road, Training Room - 5:00 p.m.
Commissioners: Ashley Erisman (Chair), Ian Golding (Vice Chair), Ernie Steinauer, David LaFleur, JoGloph-11w;
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 Adn#nistra;4
Attending Members: Erisman Golding, LaFleur, Topham, En elbourg� Phillips
C7
Remote Participation: Per 940 CMR 29.10, Golding is participating remotely due to distance. r
Absent Members: None
Late Arrivals: None
Earlier Departure: Golding, 7:15 p.m. �-
Agenda adopted by unanimous consent
*Matter has not been heard
I. PUBLIC MEETING
A. Announcements
B. Public Comment
Meagan Perry — Asked if the `Sconset Bluff sediment analysis looks for visible contamination, chemical, fecal, in
addition to material compatibility. Thinks the analysis should be put on the agenda for discussion since the public
has questions. Also, there is no address where the sand came from other than South Shore Road. Asked if the
Spearhead Road property is near the airport and used to be an old pit; the foam that the airport uses has PFOB.
Erisman — It would be a good idea to post it on the next agenda for questions and discussion.
Carlson — He doesn't know, off the top of his head, it the specific location the sand came from, but he will send
out the address.
Phillips — The sand from Spearhead Road was labeled as existing fill.
Steinauer — We were told the sand would come from local pits or off -island sources; we were never told it might
come from random locations.
Erisman — She's concerned as well; we need to be careful where it is coming from.
Carlson — He will put it on the agenda and ensure all those involved know about it and can speak to the subjeft in a
meeting. Judging sand by color can be misleading; DEP's standards rely upon grain size and angularity for
compatibility. PFOs is a family of chemicals.
Steinauer — For the benefit of the public, our fire department uses foam on rare occasion but the foam they use is a
"Class A Foam", which is effectively dish soap. It is used for wild -land fires.
Golding — His understanding was that the mitigation sand would mimic coming out of the bluff; it would come
from local pits with no inference it was coming from building sites.
Carlson — He will post this for discussion on the November 6th meeting agenda.
Burton Balkind — Asked there the soil/sand on site be tested as well since there is no chain of custody. Pertaining
to the SBPF, two action items were sent to Town Counsel: quarterly reporting and sand pushed up from the beach
onto the geotubes.
Carlson — Jamie Feeley, addressed the commission about the sand pushed up from the beach and the commission
took no action. As for the quarterly reporting we received the 79th quarterly survey; the issue is the data for the 78'b
quarterly survey was collected last December and 79 came from this September. That means we missed two
quarterly surveys; we sent a letter to `Sconset Beach Preservation Foundation regarding failure criteria for the
reporting requirements and activating the requirement they appear before the Commission to address that on
November 6th.
II. PUBLIC HEARING
A. Notice of Intent
1. Mary D. Starr —19 East Creek Road (55-60) SE48-2985 (Cont. 11/06/2019)
2. Gregory Reyes —19 East Creek Road (55-60) SE48-3065 (Cont. 11/06/2019)
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ConCom Minutes for October 23, 2019, adopted Nov. 6
3. Ceylon Elves, LLC — 3 Wyers Way Lot A (41-380) SE48-3230
4. 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.
Ray Pohl, Botticelli & Pohl
Jeff Blackwell, Blackwell & Assoc.
Public R.J. Turcott, Nantucket Land Council, Inc. (NLC)
Discussion (5:13) Haines — Addressed issues brought up at the last hearing. compliance with the setback, piers for foundations,
50% undisturbed between 25 & 50, groundwater displaced by the foundation, and impact of sea -level rise on
groundwater. Some structures were switched to helical piers as opposed to mono -slab; the main living space
will remain mono -slab to accommodate mechanicals in a crawlspace. The 2 -foot separation from high
groundwater was not to deal with the displacement of water but to determine which lots would require
dewatering and to protect the wetlands. He did a monitoring well and found about 4 feet of permeable
material; the bottom of the foundation will be in that, not clay.
Engelbourg — It's important to read waivers as they are written because there might be additional concerns
as time goes on. Conditions and commissioners change.
Haines — The waiver requirement is under no reasonable alternative/no adverse impact.
Turcott — Asked how far the perched water table is above the regular water table.
Haines — He doesn't have that information; Mr. Blackwell says the regional table is at about 4 feet and the
perched table is at about 16 feet.
Turcott — The NLC's original letter was to move these structures as far uphill as possible; the applicant has
yet to propose doing that; that is a reasonable alternative. Feels the wetlands and water table will become
more of a problem as time goes on; this is a very stressed site.
Haines — We are 50 feet back from the wetlands.
Engelbourg — The low elevation is 16 and high is 18; if structures moved, asked if that would clear the 2 -foot
separation.
Haines — No. The lot will be filled 1 to 2 feet to match the 18 feet and increase the separation. The water
table high is at elevation 14.9. We are already working from elevation 18 and we do have a plan for the
eradication of the Japanese knotweed. Abutting properties are between elevations 17 & 18 so have created a
swale to prevent water flow.
Staff Have everything needed to close.
Motion Motion to Close. (made by: LaFleur) (seconded by: Topham)
Voice Vote Carried unanimously//Golding-aye; Erisman-aye; LaFleur- aye Engelbourg-aye; Phillips -aye; Steinauer-aye;
Topham -aye
5. *Chuckrow Nominee Trust — 25 Quaise Road (26-12) SE48-3241 (Cont. 11/20/2019)
6. Great State Properties — 92 Washington Street Extension (42.2.3-22) SE48-3246 Withdrawn Request
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Discussion (5:39) None
Motion Motion to Accept the Withdrawal. (made by: Engelbourg) (seconded by: Steinauer)
Voice Vote Carried unanimously//Golding-aye; Erisman-aye; LaFleur- aye Engelbourg-aye; Phillips -aye; Steinauer-aye;
Topham -aye
7. *Nantucket Islands Land Bank — 158 Orange Street (55-61.1) SE48-3248
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Rachael Freeman, Nantucket Islands Land Bank
Public None
Discussion (5:4o) Freeman — There is a bordering vegetated wetland in the middle of the site. Reviewed what work has been
done to date and the proposed landscaping to reduce lawn area and hardscaping to increase accessibility.
There is a legal easement for emergency access to the abutting property; that must remain.
Steinauer — This is the first time someone has proposed Witch hazel; asked if it is native.
Freeman — It is not but is frequently used; it will be against Orange Street, which is outside the wetland
buffer zone. Described the location of the property and driveway access. The property and dock will be
available for public use.
Engelbourg — He doesn't know where the cultivars will be located related to the buffer zone. They shouldn't
be within the 50 -foot buffer.
Erisman — That is a standard condition.
Staff They are also asking to extend the existing walkway to the dock.
Have everything needed to close.
Motion Motion to Close. (made by: Phillips) (seconded by: Engelbourg)
Voice Vote Carried unanimously//Golding-aye; Erisman-aye; LaFleur- aye Engelbourg-aye; Phillips -aye; Steinauer-aye;
Topham -aye
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ConCom Minutes for October 23, 2019 adopted Nov. 6
8. *28 Lily Street, LLC — 28 Lily Street (42.4.3-92) SE48-3249
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Jeff Blackwell, Blackwell & Assoc.
Public None
Discussion (5:49) Blackwell — This is for landscaping on a developed lot adjacent to the Lily Pond Basin: terraces, walkways,
outdoor shower, stairs, and planting beds. Work associated with the main house is 75 -feet away from the
wetland boundary. The existing garage is at a lower elevation; explained the proposed drainage work in that
area so as not impact groundwater and the wetland.
Engelbourg — The Fountain grass is being referred to MPAG for inclusion on the invasive species list; it
should be replaced with a native species.
Blackwell — We will find a different species of grass to use.
Erisman — Asked about the groundwater.
Blackwell — The garage footings are within the groundwater and the ground squishes; the drainage will move
the water away.
Golding — It is very wet, and he wonders of the drainage will make a difference.
Blackwell — He thinks it's worth a try and it is benign.
Staff The grass type can be conditioned.
Have everything needed to close.
Motion Motion to Close. (made by: Topham) (seconded by: LaFleur)
Voice Vote Carried unanimously//Golding-aye; Erisman-aye; LaFleur- aye Engelbourg-aye; Phillips -aye; Steinauer-aye;
Topham -aye
9. *Water's Edge Nominee Trust —16 Medouie Creek Road (20-26) SE48-3252
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 R.J. Turcott, Nantucket Land Council, Inc.
Discussion (5:57) Gasbarro — This is still under review by Massachusetts Natural Heritage (NINH) and we will be asking for a
continuance. The request is to finish project in compliance with the previous permit which has expired and
minor landscape modifications within the previously approve limit of work. There was also a wetland
mitigation replication area related to the project that still needs to be installed and want that covered by this
permit; explained why that hasn't been finished yet. There is an existing boathouse and pier with Chapter 91
license with an eroding bank; that is to be filled and planted with natural fiber roles along the toe to hold the
sand. Reviewed the landscape changes. The plan is for all work to be completed for occupancy in Spring.
Erisman — Asked if there is a thought to use vegetation rather than cobble.
Gasbarro — That would require more disturbance to the grade; another option is turf reinforcement such as a
grass geogrid but he feels stone is a more natural option.
Engelbourg — Suggested the Grasscrete rather than cobble or plastic.
Turcott — First question is where the runoff will be discharged. The second question is how the spillway
stone will be held in place. Third question is if the boathouse has any utilities. Fourth question is how the coir
logs will be anchored. Asked the age of the Boathouse.
Gasbarro — There are sub -surface infiltrators for roof runoff. The spillway material is being changed. The
boathouse is unfinished and not winterized inside but there are utilities that serve the dock. The logs will be
anchored with duck -bill anchors driven with a sledgehammer and rod with a cable around the logs. The
boathouse is a pre -1971 structure.
Turcott — He feels a reasonable alternative to armoring the shoreline is to move the boathouse back and build
a longer ramp.
Gasbarro — That is a water -dependent use historically licensed. The rest of the bank through the area is
stable. Moving the boathouse is not on the table; it would create more disturbance for something that's been
in this location for so long.
Turcott — Continuing to permit these projects which alter the erosion dynamics of the Island, even in low
energy areas, when there are other options is something the Commission should have a discussion about
other options especially for auxiliary structures.
Engelbourg — Mr. Gasbarro suggested the bank erosion is from people and animal traffic; asked if there is a
way to mark it so people don't walk through there.
Gasbarro — We can mark it off, so people can use the ramp to the boathouse.
Erisman — Looking at the photo, asked if they would allow the two feet from the top of the bank to go
natural; it's lawn right to the edge. That would mitigate runoff.
Golding — Feels Mr. Turcott made a good point; it shouldn't be a precedent to protect structures that have
no statutory rights.
Phillips — This is in a low -dynamic area that is sheltered; she'd feel better not trying to change the natural
erosion of the bank.
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ConCom Minutes for October 23 2019 adopted Nov. 6
Steinauer — He's for natural vegetation; in this situation, if we allow this to continue to erode, the bank might
not revegetate itself. This is a boathouse with real water -dependent use and does not require a waiver to be in
this location.
Gasbarro — Requested a 2 -week continuance.
Staff None
Motion Continued to November 6t' by unanimous consent.
Voice Vote N/A
10. *Sixty -Four Walsh Street, LLC — 66 Walsh Street (29-94.1) SE48-3251
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 (6:20) Rits — Work was done under a previous Order of Conditions; during that work, a retaining wall was
constructed with fill behind it, which were not permitted. This is to remove that wall and fill and regrade to
the previously approved conditions.
Erisman — Asked how this happened. Other things happened that aren't permissible within a flood zone.
Rits — He can't speak to other work done; he's addressing just the wall and fill.
Erisman — How much grading material. Also wants to compare spot elevations.
Rits — The wall has variable exposure so we're talking about 6" to 1'6" along a narrow area. This side was
lower and was filled to a greater extent than was permitted.
Engelbourg — He wonders about the intent behind this request. Wants to understand the difference between
issuing an enforcement and approving this NOI.
Rits — An enforcement would require an NOI to remove the wall anyway. If the permit were still active, we
would have removed the wall and grading.
Steinauer — If someone wants to do the right thing, we should let them.
Golding — An enforcement action would have a fine attached to it.
Engelbourg — The end goal is the same, but the commission shouldn't take lightly something being built out
of compliance.
Erisman — When we redo our regulations, we can solidify enforcements. Either way, they need to apply.
Phillips — There is a hedge sitting within the grading detail; asked if the hedge is going to be removed. Asked
how the regrading will be done.
Rits — The hedge is very close to the wall, so removal is as needed; if work can be done without removing the
hedge, they will do that. There was a hedge between this and the neighboring property. The grade will be
sloped to the foundation matching previous conditions and revegetated as lawn and landscape. There is a
section where there is more wall exposure; the grading detail indicates the variable height.
Golding — Asked if we had an issue previously when someone raised the grade and water was running off to
other properties. The risk is if this wall is removed, there could be runoff to other properties. Asked if the
wall might have been installed due to unpermitted grading to raise the building.
Topham — Asked about the breakaway panels.
Rits — The panels will also be brought into compliance with the building codes.
Erisman — We need better details on the plan, spot grades every few feet so the end grades are very clear.
This plan isn't clear that way. She also would like to see the original plan.
Rits — Because this was work in the flood plain, there were no planned grade changes; the original plan didn't
have a lot of information on that.
Phillips — She would like to see the original plan and more detailed plan as well.
Engelbourg — Agrees with Ms. Erisman and Ms. Phillips. He feels it is important to have a history of
punitive actions for work down out of compliance.
Steinauer — He feels an enforcement order puts more work on staff and the fine would be insignificant to
putting in this wall, removing it, and the permitting fee. It's a substantial cost already. He thinks of
enforcement orders as a means to correct situations, not punish people.
Rits — Asked for a 2 -week continuance.
Staff When we compared the grade from the original plan and the Certificate of Compliance and did the field
inspections, this area didn't pass; we didn't have grading concerns elsewhere. This is for the removal of the
wall, which we felt needed to be properly permitted.
The runoff was a different property in this area. Where the water would go post wall removal, the intent is to
restore the original flow pattern. On that side of the site where the wall was put in, it did not match the
permitted conditions by a small variable factor.
Breakaway panels are a different issue; the rear structure panels had plywood over them; those also need to be
rectified. Those panels are implied through regulations pertaining to a flood zone; there are building code
requirements as well.
The way enforcement is currently structured, our regulations allows us to fine $50 per day back to the date of
the site inspection; that would have been about 20 days of fines.
Motion Continued to November 6th by unanimous consent.
Voice Vote N/A
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11. *Cindy & John Galliher — 34 Washing Pond Road (31-13.3) SE48-3250
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 (6:47) Gasbarro — This is for removal of an existing structure, patios, and retaining walls within buffer to a coastal
bank. The area will be restored to match the surrounding grade and establish a 25 -foot no -disturb buffer. The
existing beach stairs would remain.
Phillips — Asked if the house is being demolished or moved.
Gasbarro — It might be moved outside ConCom jurisdiction; he believes it is being completely removed. The
area outside the 25 -foot buffer would remain lawn; the grade falls away from the bank. The house is on a full
foundation with a garage off to the side; that would be filled with clean, compacted sand. Parking within
jurisdiction will also be removed.
Goldings — Asked about the foundation.
Gasbarro — That will be removed. Asked for a 2 -week continuance.
Staff We do not have everything needed to close; he will draft a positive order.
Motion Continued to November 6th by unanimous consent.
Voice Vote N/A
I11. PUBLIC MEETING
C. Minor Modifications
1. Rothbard — 3 Brooks Farm Road (41-222.1) 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
Discussion (6:52) Gasbarro — This is for work within a buffer to an isolated vegetated wedand to rotate the structure separation
distance to the adjacent property. There is an extreme grade change between the two properties; we will install
steel sheeting faced with a material as a retaining wall; another aspect is for restoration plantings for the
resource area itself. We've maintained the same limit of work. The sheeting will have to be designed at the
time of installation with perhaps 5 feet exposure; there are spot elevations on the plan.
Golding — Asked if pilings would go into groundwater.
Gasbarro — The steel sheet will go into groundwater; within jurisdiction there will be about 49 feet of wall. A
steel wall lasts decades. He's not sure how far into groundwater the sheeting will extend.
Golding — He's uncomfortable not seeing how far into groundwater the sheeting will extend. Feels it is
cavalier to call this a minor modification.
Gasbarro — The site design hasn't been developed to the point that what was drawn will be challenging; on
the upper neighboring property is a swimming pool so there is a lot of weight.
Erisman — Asked for more details on the sheeting.
Gasbarro — Asked for a 2 -week continuance.
Staff We've done a lot of inspection on the abutters and an exceptional job has been done to keep debris off the
property and the plantings began immediately. This property owner wants to follow the same protocol.
Motion Continued to November 6d' by unanimous consent.
Voice Vote N/A
2. 99 Squam Road LLC — 99 Squam Road (12-29) SE48-3130
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 (7:00) Gasbarro — This is within the buffer to an isolated vegetated wetland and coastal dune. This is to modify the
driveway by removing a large portion running through the property and keeping it closer to the road; that is
within the 50 -foot buffer zone and maintain the 50%, which will be heavily planted. The lawn would be
expanded on the water side but kept outside the 25 -foot buffer; also there will be a generator and propane
tank between the 25- and 50 -foot buffer.
Staff Recommend approval as a minor modification.
Motion Motion to Approve the minor modification. (made by: LaFleur) (seconded by: Engelbourg)
Voice Vote Carried unanimously//Golding-aye; Erisman-aye; LaFleur- aye Engelbourg-aye; Phillips -aye; Steinauer-aye;
Topham -aye
D. Certificates of Compliance
1. Cambridge —10 Medouie Creek (20-31.1) SE48-2307 (Cont. 11/06/2019)
2. Cambridge —10 Medouie Creek (20-31.1) SE48-1810 (Cont. 11/06/2019)
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3. Pocomo Neighbors — 47,53,55,57,61,63,67 & 69 Pocomo Road SE48-2874
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Staff Reviewed on-going Conditions 17, 18, 20, 21, 22, 23, 25, 26, 27, 28, and 29 through 33.
Discussion (7:04) Art Gasbarro, Nantucket Engineering & Survey — Reviewed the monitoring reports; the shoreline was in the
lee during the most recent storm. The owners are committed to maintaining the contracts and are aware there
could be on-going conditions regarding sand cover and reporting. The only aspect is that the owners of 55
and 57 didn't do the installation; the paperwork will have to reflect that. On his last site visit, the straw wattles
were starting to compact and has permission to replace them; those are outside ConCom jurisdiction.
Erisman — Now that vegetation is established; the irrigation heads should be removed.
Gasbarro — He can relay that.
Golding — He's pleased with the way this has been handled.
Motion Motion to Issue with on-going conditions as noted. (made by: Topham) (seconded by: LaFleur)
Voice Vote Carried unanimously//Golding-aye; Erisman-aye; LaFleur- aye Engelbourg-aye; Phillips -aye; Steinauer-aye;
Topham -aye
4. Native Breeze, LLC — 4 North Beach Street (42.4.1-114) SE48-2722
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Staff Work was done in compliance. Recommend it be issued
Discussion (7:13) None
Motion Motion to Issue. (made by: Steinauer) (seconded by: Topham)
Voice Vote Carried unanimously//Golding-aye; Erisman-aye; LaFleur- aye Engelbourg-aye; Phillips -aye; Steinauer-aye;
Topham -aye
5. Buechel, Trustees — 287 Hummock Pond Road (83-5, 39) SE48-1225 Reissue
Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Staff This is a reissue.
Discussion (7:14) None
Motion Motion to Re -Issue. (made by: Topham) (seconded by: Steinauer)
Voice Vote Carried unanimously//Golding-aye; Erisman-aye; LaFleur- aye Engelbourg-aye; Phillips -aye; Steinauer-aye;
Topham -aye
E. Orders of Condition
1. Gisela Leinhard —11 Jonathan Way (75-42) SE48-3217
Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff This was the composting toilet for a dwelling; conditions self-explanatory. Corrected Condition 19. Will add
Condition 21 about sampling the grey water.
Discussion (7:16) Topham — Noted a typo in Condition 19.
Engelbourg — There was discussion about sampling the grey water.
Motion Motion to Approve as amended. (made by: Steinauer) (seconded by: Topham)
Vote Carried unanimously
2. Ceylon Elves, LLC — 3 Wyers Way Lot A (41-380) SE48-3230
Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff This is the smaller, interior lot. Will add Condition 19 that prohibits water discharge within ConCom
jurisdiction.
Discussion (7:19) Erisman — Even though the pool is out of jurisdiction, asked if it needs to be conditioned regarding draining.
Motion Motion to Issue as amended. (made by: Steinauer) (seconded by: LaFleur)
Vote Carried unanimously
3. Ceylon Elves, LLC — 3 Wyers Way Lot B (41-380) SE48-3229
Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff This is the ell -shaped lot and has endangered species protocol and no cultivars. Will add Condition 25 about
no water discharge.
Discussion (7:24) None
Motion Motion to Issue as amended. (made by: Engelbourg) (seconded by: Topham)
Vote Carried unanimously
4. Nantucket Islands Land Bank —158 Orange Street (55-61.1) SE48-3248
Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff Will add a condition about no cultivars within the 50.
Discussion (7:26) Erisman — Wants a condition about no cultivars.
Motion Motion to Approve as amended. (made by: Steinauer) (seconded by: Engelbourg)
Vote Carried unanimously
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ConCom TNhnutes for October 23 2019 adopted Nov. 6
5. 28 Lily Street, LLC — 28 Lily Street (42.4.3-92) SE48-3249
Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff Will add a condition calling out the species by name.
Discussion (7:28) Engelbourg — Asked to include no Fountain grass.
Motion Motion to Approve as amended. (made by: Engelbourg) (seconded by: LaFleur)
Vote Carried unanimously
F. Extension Requests
1. Garran — 36 Pocomo Road (14-79) NAN-126
Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation NAN-126
Staff This is a large-scale restoration project. They are starting work and are asking for 3 one-year extensions.
Discussion (7:31) None
Motion Motion to Issue the 3 one-year extensions. (made by: Steinauer) (seconded by: Topham)
Vote Carried unanimously
2. Rochat —100 Low Beach Road (72-27) SE48-3027
Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation SE48-2141
Staff They are asking for 3 one-year extensions.
Discussion (7:00) None
Motion Motion to Issue the 3 one-year extensions. (made by: Topham) (seconded by: Phillips)
Vote Carried
G. Emergency Request
1. Sankaty Golf Club —18 Hoicks Hollow Road (23-9)
Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips
Documentation Photos of situation
Staff An Emergency Certificate allows them to abate the emergency as they describe.
Discussion (7:32) Leo Asadoorian, Blackwell & Assoc. — A portion of the cabana and decking are in danger of going over the
bank; they want to remove the deck and 21 feet of the existing cabana; structural engineer will draw a plan for
the interior to support the building for next season. It's 15 feet from the cabana to the top of bank. On the
north end, there's a portion of deck that extends 2 or 3 feet beyond the bank; they will extend the fence
across the top of the bank after removing the deck. We will follow up with an NOI to demolish the rest of
the site; reviewed what that NOI will entail.
Motion Motion to Issue the Emergency Certificate. (made by: LaFleur) (seconded by: Engelbourg)
Vote Carried unanimously
H. Other Business
1. Approval of Minutes - 10/09/2019: Motion to Approve. (made by: LaFleur) (seconded by: Steinauer) Carried
unanimously
2. Monitoring Report: Garran — 36 Pocomo Road (14-79) NAN-126
3. Reports:
a. CPC, Topham
4. Commissioners Comment
a. The Select Board — Thanked Ernie Steinauer for his many years of service to the Town.
Carlson — We've had a lot of commissioners come and go and this is the first time the Select Board came up to thank
them. Mr. Steinauer had been chair of ConCom for about 4 years, when he became Director or Natural Resource, and
then continued as chair until Andrew Bennett took over.
Everyone thanked Mr. Steinauer for his time on the Commission.
5. Administrator/Staff Reports
a. Passed out a copy of the Enforcement Letter he sent to SBPF about the quarterly reporting and triggering Condition
35.
Adjourned at 7:54 p.m. by unanimous consent.
Submitted by:
Terry L. Norton
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