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HomeMy WebLinkAboutApril 22, 2021 ConCom Minutes for April 22,2021,adopted May 6 CONSERVATION COMMISSION / a,NTuc 4PUBLIC MEETING fz, g\ 2 Bathing Beach Road , ��N Nantucket,Massachusetts 02554 \S www.nantucket-ma.gov 9PaN10,--L- Thursday,April 22,2021 —5:00 p.m. - This meeting was held via remote participation using ZOOM and YouTube, .-__- Pursuant to Governor Baker's March 12, 2020 Order Regarding Open Meeting Law --. Commissioners: Ashley Erisman (Chair), Ian Golding (Vice Chair), David LaFleur, Joe Topham, .. Seth Engelbourg, Maureen Phillips, and Mark Beale t Called to order at 5:00 p.m.by Ms. Erisman Staff in attendance: Jeff Carlson,Natural Resources Director;Joanne Dodd,Natural Resources Coordinator Attending Members: Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Absent Members: Phillips C *Matter has not been heard t • _ I. PUBLIC MEETING _ A. Announcements u B. Public Comment—None II. PUBLIC HEARING A. Notice of Intent 1. Nantucket Conservation Foundation—Capaum Pond(31-12) 5E48-3400 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Naomi Valentine,SWCA Environmental Consultant Jenn Karberg,Nantucket Conservation Foundation(NCF) Public None Discussion (5:up) Valentine —This is for removal of toxin-forming algae in Capaum Pond. Received Massachusetts Natural Heritage (MNH) notification of no take. The pond's current state is very poor quality with elevated Ph and low oxygen. Applications of algaecides will only be when algae are present. Reviewed supplemental information regarding application of algaecides. Beale—Asked the seasonality of the alum and chemical treatments. Valentine—We hope to apply the alum as soon as the permit allows,and in the Summer,as needed. Golding — Regarding sediment sampling, it mentioned 2 causes for high phosphorous: development and geological.Asked her to expand on the geological and about the impact of developments. Valentine — There are active conversations with landowners around the pond about their landscape maintenance. The report doesn't insinuate human presence isn't a contributor; over-wound flow of water meets a significant buffer around the pond. Karberg—We weren't discounting development as a source. We haven't done a watershed analysis for the source;we are looking at what we can do to treat algae blooms now. Golding—Asked why the pond can't be opened to flush it out. Valentine—There's a significant amount of dangerous biomass;she wouldn't recommend it. Engelbourg—It's not up to the applicant to open the pond to the ocean;that requires coordination with the Town. Carlson — R.J. Turcott, Nantucket Land Council (NLC), Inc., NLC is working activity with the abutters of Capaum Pond regarding best practices,so we can address long-term water-quality improvement on the pond. Staff Have everything needed to close. Motion Motion to Close. (made by:Topham) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-aye 2. Town of Nantucket(DPW)—Town Wide (Various) SE48-3366 (Cont.05/06/21) Page 1 of 10 ConCom Minutes for April 22, 2021,adopted \lay 6 3. ' Town of Nantucket-Cow Pond Lane (55-Various) SE48-3419 Sluing I?risman,Golding,I.aFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Steven Reichert,Fuss& O'Neil Robert McNeil,Director Department of Public Works (DP\V Public None Discussion (5:18) McNeil - This was held for a Department for Environmental Protection DLP file number, which we nu. have. Based upon the last meeting, we had our consultant put together a defined planting plan to int:ad.:: hearty density planting recommended from Massachusetts DLP and NLC. Reichert-There was a comment for raingarden planting. Engelbourg-Asked if the raingarden plan came into the office. Reichert Received it yesterday and forwarded it to the office this morning. Erisman-Appreciates adding the raingarden. Staff We received it and plants look good. l lave everything needed to close. Motion Motion to Close. (made by:Beale) (seconded) Roll call Vote Carried unanimously//Beale,Engelbourg,Erisman, Golding,Lafleur,and Topham-aye 4. '"Town of Nantucket DP\V'-Surfside Beach (87-60& 131) SE-18-34220 Sitting 11risman,Golding,Lafleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Steven Reichert,Fuss& O'Neil Robert McNeil,Director Department of Public Works (DPW) Public None Discussion (5:22) McNeil - This is for improvements in the concession area: extend the wrap-around deck and extend infiltration catch basin.Also hoping the deck will help cut off any access from the beach through the dune_. Reichert-The parking lot currently floods resulting in standing water for up to -2 hours. Explained ho-: ti.: catch basin will be improved to prevent the ponding. All improvements are within the 109 foot buffer with some within the 50-foot buffer to the coastal dunes. Engelbourg- lie supports the idea of improving drainage; however, regarding adding additional structure within the 50-foot buffer, he doesn't see a waiver request. He doesn't see the benefit of increasing the deck behind the structure;it will be detrimental to the resource area. Topham - The south-side deck is a little too big; could see enough for a wheelchair to turn around: suggested it be only a walkway. Erisman - Agrees with Mr. lingelbourg and Mr. Topham. Thinks they should provide ropes along Tue walkway to the beach to keep people out of the dune.About stormwater management. asked if they looked at compensatory water storage under the parking lot. McNeil-Currently the parking lot has the septic system and the public well, so the idea is to push the water away; there is a disturbed area along the dune that was cited as the location for catch basin. Oyer b-,- the food truck is a grass seating area;that has encouraged people to go around the building to use the picnic tables. e width of the deck includes space for existing showers and wheelchair traffic and sitting benches for those who can't make it to the beach. Erisman - People need better "training" on that site; thinks they need a better plan for beach access. disturbed area being discussed resulted from pedestrian traffic. McNeil - AWe have an annual beach management meeting to discuss beach access_ with the harbormaster. we'll have that conversation with them. Engelbourg-The access behind the building should be dealt with using fencing and signage rather than the deck. All the deck work could lie handled on the parking-lot side keeping the structure out of the 50-foo- buffer. Topham-_Asked where the well is located and a photo where the showers are located. Beale-Asked if we should pursue the issue that there is no waiver request. Erisman-_Agrees; would also like to see the location of the well and other justification why the infiltration can't be under the parking lot. Golding-Asked if they could rotate the building to move the deck out of the 50-foot buffer. McNeil-The building is part of a Town facilities study; the deck is considered a short-term solution as we look to reconfigure all the concession sites.About 5 years down the road-we'll have a more meaningful look at the future of Surfside. We were unaware of the waiver requirement; we'll work with \1r. Carlson on that. .Asked for a 2-week continuance. Staff None Motion Continued to May 6. Roll call Vote N/A Page 2 of 10 ConCom Minutes for April 22,2021,adopted May 6 5. ' Stillwater's Nominee Trust—7 Wamasquid Place (56-113.5) SE48-3422 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans',photos,requisite departmental reports and correspondence. Representative David M.Haines,Ilaines Hydrogeologic Consulting Public None Discussion (5:45) Haines—Reviewed the request.Asking for a waiver and temporary dewatering.There will be silt fencing. Staff I-lave everything needed to close. Motion Motion to Close. (made by: Golding) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-ave 6. 'Nantucket Islands Land Bank—All Land Bank Properties (Various) SE48-3337 (Cont. 05/06/21) 7. Nantucket Islands Land Bank—Clifford Street/Southern End of Lovers Lane (88-48) SE48-3417 Sitting Erisman,Golding,Lafleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Art Gasbarro,Nantucket Engineering&Survey Public None Discussion (5:50) Gasbarro —This is to replace stairs east of Fisherman's beach; outside the resource area. We're waiting for the DEP file number,which we have. Staff Have everything needed to close. \lotion Motion to Close. (made by:LaFleur) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-ave 8. *Nantucket Islands Land Bank—Madequecham Valley Road (89-3.5) SE48-3413 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Art Gasbarro,Nantucket Engineering&Survey Public None Discussion (5:52) Gasbarro—This is another set of beach stairs for public use within a coastal bank;the aluminum stairs will be seasonal.Also proposing an aluminum platform;all of it can be removed at the end of the season. Erisman—The footpath to the west;noted people aren't using them. Gasbarro —That footpath is at a higher elevation and would require longer stairs. We require a continuance for response from MNH.Asked for a 2-week continuance. Staff None Motion Continued to May 6. Roll-call Vote N/A 9. *Sweet Meadow Sylvia Lane,LLC—74 West Chester Street(41-478) SE48-3379 (Cont.05/06/21) 10.*Jill Dean Sheppard—12&14 Midland Avenue(59.3-105& 171) SE48-3421 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Paul Santos,Nantucket Surveyors Public None Discussion (5:55) Santos —This is to lay a water-line connection to a watermain within land subject to coastal storm flowage; both properties are accessed through a private easement and driveway. The watermain location is gest of the two properties within Columbus Avenue. The Flannerys are granting an easement for the Sheppards that is outside the 25-foot buffer. Silt fencing will be in place during the trenching and laying of the waterline.This is outside Natural Heritage and Endangered Species Program jurisdiction(NHESP). Staff Have everything needed to close. Motion Motion to Close. (made by:Topham) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-ave 11.*EPWL Poles,LLC—44,46,48,&55 Warren's Landing(38-23,46,47&30) SE48-3418 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Paul Santos,Nantucket Surveyors Public None Discussion(6:00) Santos—This starts at Blue Heron Way and extends to 200 Eel Point Road and is to replace overhead service lines with buried lines.This will enhance the wetland scenic views.There is a portion of the project within the buffer to a saltmarsh south of Eel Point Road.Explained how work will proceed;trenching will be within the road or on the shoulder.Requested a waiver for work within the 25-& 50-foot buffers. It does require review by NHESP;expect to have their review in time for the next meeting. Topham—One of the areas that has problems with downed power lines is this area. Santos—Asked for a 2-week continuance. Staff None Motion Continued to May 6. Roll-call Vote N/A Page 3 of 10 ConCom Minutes for April 22,2021,adopted May 6 12.'I'rojah Nominee Trust —26 Easy Street (13-22) SE-18.3369 Sitting I?risman,Golding,I.a1'leur,'l'opham,Engelbourg,Beak I)ocumentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative .Art Gasbarro,Nantucket Engineering& Survey :Arthur Reade,Reade,Gullicksen,1-lanley,& Gifford LI_P Public None Discussion ((de) Gasbarro — This is for redevelopment of the property; Provided supplemental information. Re-.:e-;.:ed construction to allow flood waters to go under the building and to infiltrate. Topham—That solution is what he was hoping for. Erisman—Also appreciates the solution. Stall I Iavc everything needed to close. Hotton Motion to Close. (made by:Beale) (seconded) Roll call Vote Carried unanimously//Beale,Engelbourg,Erisman, Golding,LaFleur. and Topham- 13. ',\I1.1:3,1,1,C—45 Shawkemo Road right of way (27-18) SE48-3411 Sitting 1?risman,Golding,LaFleur,Topham,Engelbourg,Beale 1)ocumentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Brian Madden,IEC Environmental Ryan Maxwell,Bracken I'ngineering Public None I)iscussion (6:11) Madden—'This is for a proposed 10'wide driveway. Reviewed information they had collected per requests a- the prior hearing: emergency access requirements and potential development footprint. No existing planting s will be disturbed.Potential development has been approved by MNH. Engelbourg—Asked if there is the statutory requirement for emergency personnel is sufficient to o'ercor-m_ our performance standards. Golding—_Asked what the legal framework is to develop an area and if developers have the right to overturn our regulations. Engelbourg — We don't typically issue a waiver under Provision B. Doesn't feel the burden of proof r Provision A has been met. He feels there will definitely be an adverse impact. Beale—Asked what statutory requirement NFD is referring to regarding the minimum width. Madden — Chief Murphy referenced Massachusetts Fire Code 52- CMR 18 and To-A-n Code I= :20.1(b)(2)(f). \Vork within the 25-foot buffer is separated from the resource area be- a travelled '•-ay. ):fie aren't proposing revegetation. Erisman — In this situation on Nantucket, we need be look at actuall., moving roads. especially %J.-hen developing new properties. Beale — Asked if there is anything limiting building a single-family dwelling on th_s properr:: this is for secondary dwelling. Madden — If we build a single-family dwelling now, we would be in violation of State and I own fire codes. This is not a cut through;there is no potential for future access off this road. Golding—This is a classic example of shoe-horning a building into a lot. If we den-, this, the appLcan: can take it to court to decide if it is a reasonable taking. Engelbourg — It's his understanding this access is a private road. Looking at an aerial vies. asked .f footprint of the travelled way could be relocated more to the south. He's looking for creative 'a:a•,-s to ge- the required width outside the 25-foot buffer. Madden —Could ask the property owner if the easement could be modified, but where it intrudes on the buffer,the grade rises and could cause greater disturbance due to the need to regrade. Topham—It's not shown on the plan,you can see 2 structures closest to Shawkemo Road. Ile doesn't kno-.Y which would be the least disruptive;a berm along the drive as proposed could protect the buffer. Engelbourg — "There is a significant constraint due to the proximity of the easterly,- abutter. Wants 'h,- applicant to take another look at alternative options. Beale —With all due respect, we need a second opinion on whether it is a legal lot or not: the Select Board doesn't grant developments without sufficient access. This is a legal lot for one house. Carlson—1 to already responded to some questions from Mr. Turcott. lie forwarded the hire Chief; letter commissioners. Topham—He'd like to see the Planning Board approved site plan for this subdivision. Madden—Asked for a 2-week continuance. Staff A waiver request was provided under Provision A, no-adverse-impact'no-reasonable-alternative, and Provision B, separated from resource are out of their control. The question came up justifying the necesstry for the 10'width;that is the public safety information they provided. \lotion Continued to May 6. Roll call Vote N/A Page 4 of 10 ConCom Minutes for April 22,2021,adopted May 6 14. +04'1'ST36WASINGPOND,LLC—36 Washing Pond Road(31-13.2) SE48- Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Art Gasbarro,Nantucket Engineering&Survey Public None Discussion (6:42) Gasbarro -- Presented the project; work within jurisdiction is grading, landscaping, and hardscaping. Aho proposed is an elevated boardwalk to access the beach. Requested a waiver based upon long-term net benefit for the raised boardwalk, which allows plants to grow underneath and contains foot traffic. The regulations require that walkways through resource areas be elevated. Engelbourg—Asked if the boardwalk is considered water dependent and if there is a travelled path already on the property. For any impacted and disturbed area,asked if there is a restoration plan. Gasbarro — His understanding regarding water-dependent use is that the ConCom doesn't extend that beyond piers and decks.The house removed off the lot was located closer to the bank, so the original path no longer exists;there is an Order of Conditions for the restoration of that area. Engelbourg — Asked if they've considered the possibility of a path going up into the buffer zone then connecting to a staircase. There are other ways to contain traffic. We're talking about a major change in how the project impacts the buffer. Gasbarro — Vegetation wouldn't he able to grow on a footpath; he thinks the raised boardwalk allowing vegetation is better. Erisman—Agrees with the idea of markers with ropes to contain traffic;this is a structure within the 50-foot buffer and sets a precedent. If it's for the homeowner's use,they can stay within the path;rentals would have more difficulty.There are some jogs in the boardwalk that add extra structure;feels it should be straight. Topham—141 Cliff Road had a grass path,and everyone knew where to go to reach the stairway. Golding—His preference is a grass path as well.Urges them to reconsider the boardwalk. Gasbarro—We are waiting for MNH response.Requested 2-week continuance. Carlson—Mr. Turcott comments: NLC has serious concerns about the implications of approving this; the; did not meet the burden off proof;don't feel the foot traffic would do more harm than a boardwalk. Staff None Motion Continued to May 6. Roll-call Vote N/A 15.*Carver,Jr.&Delaney—4 Old Quidnet Milk Route (20-53) SE48-3423 16.*4 Ahab Road,LLC—41 Wauwinet Road(20-7) SE48-3424 Sitting 1-risman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Mark Rits,Site Design Engineering Public None Discussion (6:56) Rits —These 2 lots are under single ownership and work spans both lots. Proposing a redevelopment of an existing developed property. Portions of the main house are within the 100-foot buffer along with the cabana and pool deck and landscaping.Landscaping and a small amount of grading extend into the 50-foot buffer.At the southwest corner inside the 100-foot buffer to a wetland,the applicant is proposing an off-grid solar array with storage batteries. The driveway straddles both lots;will abandon existing driveway for a shared driveway with 4 Old Quidnet Milk Route. All driveway work is outside the 25-foot buffer to a wetland on 4 Old Quidnet Milk Route. Provided a grading cross section,most of which will happen outside the 50-foot buffer. Asked for a 2-week continuance. Staff None Motion Continued to May 6. Roll-call Vote N/A 17.*Peter&Caitlin DuPont—47 Millbrook Road(Lot 1) SE48-3415 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Brian Madden,LEC Environmental Ryan Maxwell,Bracken Engineering Public None Discussion(7:02) Madden—Presented the project and explained resource areas. Carlson—Mr. Gaynor Gallagher asked the type of septics being used;it is his understanding that I/A systems are required within the 100-foot buffer;considered about nutrient loading to the pond. Staff Have everything needed to close. Motion Motion to Close. (made by:LaFleur) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-aye Page 5 of 10 ConCom\Minutes for April 22,21'121,adopted May 6 I S. 'l an1cs G.& Sarah R. 'nicr—47 Millbrook Road (Lot 2) SI;4h-3416 Bil ,risman,Golding,Lafleur, Engelbourg,Beak 1 locumentauon Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Brian Madden,I,EC Environmental Ryan Maxwell,Bracken Engineering Public None I)iscussion (I:ue) Madden —This is to install a new I/_A system which encroaches minimally within the I i foot j-:;fer _ well needs to be relocated. This owner is the daughter of the above properr owner. Carlson—The same comments apply. Staff I lave everything needed to close. \lotion Motion to Close. (made by:Beale) (seconded) Roll call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur, and-I Upham-aye 19. 'Randolph G. Sharp,Jr.Trust—49A Meadowyiew Drive (56-113.1 portion) SL4S-3414 Sitting ICrisman, Golding,Lafleur,Topham,Engelbourg,Beale 1>ocumentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Brian Madden,LEC Environmental Ryan Maxwell,Bracken Engineering Public None Discussion (7:us) Madden — This is for construction of a single-family dwelling and appurtenances within buffer to bordering vegetated wetland; all outside the 50-foot buffer and no new work within the 25-foot buffer. Requestinga waiver for house and pool within the 50-foot buffer. Proposing to relocate driveway outside ti.e 25-foot buffer and rcvegetate and restore the entire 25-foot buffer. Golding — Regarding the 2-foot separation from groundwater, this is an unending battle to enforce standards. Asked which direction the groundwater flows. Madden—We can provide additional information on that to justify the waiver under no adverse impact. Engelbourg—Appreciates the offer to provide additional information on the ground water. The requirer-_en- to maintain the 2-foot separation to high groundwater for dwellings is one thing: for pool_ people sh'_, consider shallower pools. Madden — Noted that 4 \V'amasquid has a full basement and no issue with water. Requested a continuance. Staff None 1\lotion Continued to May 6. Roll call Vote N/A III. PUBLIC MEETING C. Requests for Determination of Applicability 1. Cummings—36 Crooked Lane (41-330) Sitting 1.risman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence_ Representative ,Art Gasbarro,Nantucket Engineering& Survey Public None I)iscussion (7:15) Gasbarro—'I-here are buffers for a bordering vegetated wetland and isolated vegetated wetland on this lo•: adjusted the garden fence, so it doesn't encroach into the 50-foot buffer. Engelbourg —With any proposed garden project, we should require soil testing and reporting on fern:_ze- use. Staff Can condition fertilizer use on an RDA. Recommend Negative 3 with the condition for a soil testing prior to use of fertilizer and that fertilizer comp:-. with our regulations. Motion Motion to Issue as recommended. (made by: Golding') 'seconded; Roll call Vote Carried unanimously//Beale,Engelbourg,Ensman,Golding,Lal=leur, and Topham-aye 2. The Braes,LI,C—23 Baxter Road (49.2.3-12) Sitting ]Crisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative .Art Gasbarro,Nantucket Engineering&Survey Public None Discussion (7:ts) Gasbarro — This is for a resource area delineation for a coastal dune that doesn't reach the bottom of *he hank. Staff Recommend Issue Pos 2A confirming the resource boundaries. Motion Motion to Issue as recommended. (made by:Topham) (seconded) Roll call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur, and Topham-a-.e Page 6 of 10 ConCom Minutes for April 22,2021,adopted May 6 D. Minor Modification 1. 1,uxury Brands,Inc—1001,ow Beach Road (75-27) SE48-3027 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Brian Madden,LEC Environmental Public None Discussion (7:21) Madden—Reduction in the area of the building,pool,driveway,and pool equipment. Engelbourg—He has concerns about the planting schedule;there are some non-native plants and some that are potentially detrimental, especially in areas close to the resources: southern bayberry, magnolia, privet, hydrangea.Asked to look at the list more closely and come back with revisions. Madden—Magnolia and privet arc up by the road.Asked to continue 2 weeks. Staff None \lotion Continued to May 6. Roll-call Vote N/A 2. Kristin Engle,Trustee—90 Pocomo Road (15-43) SE48-2946 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Paul Santos,Nantucket Surveyors Public None Discussion(726) Santos —This is to incorporate the final landscape plan for the location of the pool and spa. No waivers are required. Staff Recommend issuing. Motion Motion to Approve the Minor Modification. (made by:LaFleur) (seconded) Roll call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-ave E. Certificates of Compliance 1. Sweet Meadow Sylvia Lane,LLC—74 West Chester Street(41-478) 5E48-3017 (Cont. 05/06/21) 2. S/P Norwell,LLC—Lot 5 Mariner Way (55.1.4-72.5) 5E48-2747 Sitting lyrisman,Golding,LaFleur,Topham,Engelbourg,Beale Representative Kathryn Barnicle,Ilex Environmental Staff This is in compliance with original permits. Discussion (7:28) Barnicle—House is constructed in place. Motion Motion to Issue. (made by:LaFleur) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-ave 3. 17 Folger -Ave Realty Trust—17,19,21 Folger Avenue (80-151,110&42 Respectively) SE48-3280 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Representative Ryan Maxwell,Bracken Engineering Staff This was for a sewer line installation;work is complete and as-built signed off. Discussion(7:30) None Motion Motion to Issue. (made by: Golding) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-aye F. Orders of Condition 1. ACK86QR,LLC—86 Quidnet Road(21-102, 103,&69) 5E48-3412 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Draft Order of Conditions Staff Conditions are related to going from conventional to I/A. Discussion(7:32) None Motion Motion to Approve as drafted. (made by:Beale) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-ave 2. Nantucket Conservation Foundation—Capaum Pond (31-12) 5E48-3400 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Draft Order of Conditions Staff Unique to this is providing notification of use of algaecide and an annual report. Condition 20 requires notification for any chemical treatment. Discussion(7:33) Golding—Noted an error under Condition 19,he understands they are using Sea Clear. Motion Motion to Approve as amended. (made by: Golding) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-aye 3. Town of Nantucket—Cow Pond Lane (55-Various) SE48-3419 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Draft Order of Conditions Staff The raingarden is not within our jurisdiction. Looking at the drainage area,no special conditions. Condition 19 will require annual photo monitoring. Discussion(7:37) Golding—Asked if we want before and after photo evidence, Motion Motion to Approve as amended. (made by:LaFleur) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-aye Page 7 of 10 ConCom Minutes for April 22,2021,adopted May 6 -1. Stillwater's Nominee'Trust—7\C'amasquid Place (56-113.5) 5E48-3422 Sitting 1':risman,Golding,LaFleur,Topham,Engelbourg,Beale I)ocumcntation Draft Order of Conditions Stall Pretty straightforward. 1)iscussion (7:35) None Motion Motion to Approve as drafted. (made by: Golding) (seconde ) Roll call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur. and Topham-ave 5. Nantucket Islands Land Bank—Clifford Street/Southern End of Lovers Lane '88-48 5E48-341- Sittttttp I Crisman, Golding,Lafleur,Topham,Engelbourg,Beale Documentation Draft Order of Conditions Staff- Pretty straightforward. 1)iscussion (7:1(l) None Motion Motion to Approve as drafted. (made by: Beale) (seconded) Roll call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,Lafleur. and Topham-aye 6. dill Dean Sheppard—12& 14 Midland Avenue (59.3-105& 171) 5E48-3421 Sitting I?risman, Golding,LaFleur,Topham,Engelbourg,Beale 1)ucumentation Draft Order of Conditions Staff Pretty straightforward. Discussion (7:41) None :\lotion Motion to Approve as drafted. (made by: Topham) (seconded) Roll call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-ave . 'l'rojah Nominee Trust—26 Easy Street (13-22) 5E48-3369 Sitting l Irisman,Golding,LaFleur,Topham,Engelbourg,Beale 1)ocumentation Draft Order of Conditions Stall Included the updated plan. Discussion (7:12) None \lotion Motion to Approve as drafted. (made by: Beale) (seconded) Roll call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur, and Topham aye 8. Peter& Caitlin DuPont—47 ;Millbrook Road (Lot 1) 5E48-3415 Sitting l'Irisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Draft Order of Conditions Staff Applied for a waiver for 2-foot separation from groundwater for the structure. Will add it is an Isystem. I)iscussion (7:43) Engelbourg—This is where a member of the public asked if it is an I A system;that should be included. Discussion on the motion: Erisman—This is for a dwelling on each lot of a subdivided lot. Engelbourg—I lis concern is the way the waiver requirement is applied to ancillary structures. Beale—There is merit for the waiver for the dwelling as long as it isn't a full cellar. Motion Motion to Approve as amended. (made by:LaFleur) (seconded) Roll call Vote Carried unanimously//Beale,Engelbourg,Erisman, Golding,LaFleur, and Topham-a:.-e 9. James G. & Sarah R. Tyler—47 Millbrook Road (Lot 2) SE48-3416 Sitting I)risman,Golding,LaFleur,Topham,Engelbourg,Beale I)ocumentation Draft Order of Conditions Staff This doesn't require any waivers;it is for a new well and replacing an existing septic. I)iscussion (7:48) Engelbourg—Asked if it is an I/A system. Motion Motion to Approve as drafted. (made by: Topham) (seconded) Roll call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,Lafleur,and Topham aye G. Other Business 1. :Approval of Minutes 4/8/21: Motion Motion to Approve as drafted. (made by:Topham) (seconded) Roll call Vote Carried unanimously//Beale,Engelbourg,Erisman, Golding,LaFleur, and Topham-aye 2. Reports: a. CR:AC,Golding 3. Enforcement updates—Town of Nantucket—79 Baxter Road and `Sconset Bluff SE48-1659 Sitting l'risman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Aerial photo Representatives Dwight Dunk,Epsilon Associates Inc. Glenn\C'ood,Rubin&Rudman,LLP Chad Sumner,SumCo Leo 1 Iehnut\V'eymar, 79 Baxter Road Discussion (7:51) Carlson—We issued out an enforcement for work in front of-9 Baxter Road. Cited ever,one listed rn the enforcement order. Dunk—We understand the 3 main topics to be work below mean high water, staff not notified, and potentiai for loss of pedestrian access. Equipment did operate below the Rack Line, which isn't necessarily the mean high-water line.'Talked to the contractor,SumCo Eco about the need to notify the commission. Regarding the Page 8 of 10 ConCom Minutes for April 22,2021,adopted INIav 6 potential for coir rolls to impede pedestrian access,the aerial shows sufficient space below the coir roll-. Read three conditions to allow maintenance work to continue on the coir rolls. Golding—I wonders how we can resolve this going fonvard about interference with pedestriantraft7c at hi0h tide. I1e was out there on 18 December and has photos that show the water is right up to the rolls, he had to climb onto the coir rolls. He was surprised at the assertion it is 50 feet from mean high tide. "Thinks 3R''-part;. photos might help. Dunk—We chose the oldest aerial we could find showing it is located where it was authorized in 2010. The mean high water is based upon the topography of the beach.Beaches can build up in the summer and subside in the winter as well as being impact of lunar tides.The terraces haven't moved in the last 10 years. We're also seeing wave action,which can extend beyond the mean high-water line. Engelbourg—It's clear the water is going past the mean-high water line. Dunk—NOAA updates their tide tables every 19 years;we're using their data. Erisman—She's had questions as well and that it isn't updated enough with sea level rise and other changes. The overlay with the mean-high water line;asked if that was summer or winter. Dunk—He'd have to check the date of the air-shot survey;he believes they did it in September. Erisman — A lot of issues are happening in the winter and we need to account for that in our Order of Conditions. Topham—it seems the last time soil was placed on the template it was the same contaminated sand as SBPI- used for the geotubes. Feels like this project is in total neglect.The Quidnet Association points their fingers at the geotubes;this site is more damaging due to not contributing at all to the littoral system. He feels no one is taking responsibility for the amount of neglect. Dunk—We're here for the enforcement order;the owners have been placing sand and maintaining the terrace on their property. Attorney Steven Cohen, Cohen & Cohen Law P.C., noted that when the terraces went in, the owners were responsible for maintenance in front of their properties. Erisman—Through this enforcement process,asked if we can require a new NOI with the A\eymars listed as the owners and removing SBPF. Carlson—He would like to check with Town Counsel about that. Even in the short term, the commission has the ability to issue a determination stating what has to be done.The order requires about 3 cubic yards per linear foot of sand a year for 5,000 linear feet on the stretch from 77 to 95 Baxter. Topham—The applicant needs to tell us when they last added sand and tell us how much is not going into the littoral system. Dunk—According to the recent log 250 cubic yards was delivered in March. Erisman—We had issues tracking down the delivery tickets. Carlson—Toscana was able to provide us the sand delivery information. He'll share that. Golding—Asked if it would be in the owner's interest to agree to a new NOI if the original calculation has been shorting his section. Wood—That sounds good. Carlson — He's also talked with Town Counsel about the Town and ARCADIS working on a stud,- on a project that might or might not happen;it could change direction in this area and the impact of that on a new NOI. It might be better to tackle permitting when that information comes forth,hopefully within a few short months. Topham—I Ic doesn't want to wait for a new report and NOI;he'd like to see something going forward now. Erisman—We can condition the Enforcement Order to get the site back into compliance and maintained. Carlson—Through the Emergency Order, we can require nourishment is provided as required in the Order of Conditions and that notification is provided to the commission. Wood—That was the discussion we had,to implement through the Emergency Order. Carlson—With the information tonight, he'll get the question to Town Counsel. Suggested that he will draft up a set of findings memorializing tonight's discussion and draft out conditions to be reviewed at the next meeting. Motion Continued to May 6. Roll-call Vote N/A 4. Commissioners Comment a. Engelbourg—At a past meeting,he mentioned the State Invasive Plant Committee list will undergo review. They are looking at including Scotch Broom based upon input solely from Nantucket. b.Engelbourg — We need to address banks that don't touch the water as a resource area; it still serves all the bank functions of providing sand and protecting the beach. Erisman—Some of those non-coastal banks will become coastal banks as the sea level rises. c. Erisman—She's noticed a lot of wetland violations during her walks while on vacation; staff has responded very well to her notifications. ConCom Minutes for April 22,2021,adopted May C i. :Administrator/Staff Reports a. 'l'here were public comments regarding 79 Baxter Road; one point made is that the license iE-sued by the 1 ow:— project has expired.He'll ensure the Select Board knows. b. lie will try to have Seth Wilkinson at the next meeting about array work in Pocomo to die-cus her.; to ground water breakout on the beach. 11. Adjournment Motion Motion to Adjourn at 8:32 p.m. (made by: Golding) 'seconded Roll call Vote Carried unanimously/Beale,Engelbourg,Erisman, Golding,Lafleur, and Topham-aye Submitted by: Terry L. Norton Page 10 of 10