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HomeMy WebLinkAboutMay 27, 2021 ConCom Minutes for May 27,2021,adopted lune 10 ,,NTUC CONSERVATION COMMISSION `' ' .,`; PUBLIC MEETING . 2 Bathing Beach Road iP Nantucket,Massachusetts 02554 t' ' 202} , 09www.nantucket-ma.gov oAA Thursday,May 27,2021 —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 Lan Commissioners: Ashley Erisman (Chair), Ian Golding (Vice Chair), David LaFleur, Joe Topham, Seth Engelbourg, Maureen Phillips, and Mark Beale Called to order at 5:00 p.tn. by Ms.Erisman Staff in attendance: Jeff Carlson, Natural Resources Director; Joanne Dodd, Natural Resources Coordinator; Terry Norton,Town Minutes Taker Attending Members: Erisman,Golding,LaFleur,Topham,Engelbourg,Beale :Absent:\lembers: Phillips *Batter has not been heard 1. PUBLIC MEETING A. Announcements B. Public Comment—None II. PUBLIC HEARING A. Notice of Intent 1. 'Town of Nantucket(DPW)—Town Wide (Various) SE48-3366 Sitting Erisman,Golding,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Rob McNeil,Director Department of Public Works (DPW) Gene Crouch,VHB Public None Discussion(5:06) Crouch—We received the Massachusetts Natural Heritage determination of no take. No comments. Staff Have everything needed to close. Motion Motion to Close. (made by:Engelbourg) (seconded) Roll-call Vote Carried 5-0//Beale,Engelbourg,Erisman,Golding,and Topham-aye;LaFleur recused 2. 'Town of Nantucket DPW—Surfside Beach(87-60& 131) SE48-3420 Sitting Erisman,Golding,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Steven Reichert,Fuss&O'Neil Rob McNeil,Director DPW Public None Discussion (5:09) Reichert — Provided a waiver request letter and revised the plans relocating the drainage improvements outside the 100' buffer; did not revise the location or design for the building deck. Added ropes and posts access restrictions along the path to the beach. Included in the packet is a letter of support from the Commission on Disability. Engelbourg—He doesn't think the deck as proposed meets our performance standards; the applicant hasn't met the burden of proof explaining why it is needed.Thinks the same post and rope could be used at the edge of the parking lot to limit access. Our purview is protecting the wetland resource, not public enjoyment of that area. Topham—Agrees with Mr.Engelbourg. Beale—Also agrees.Wants to hear the reasons for the waiver request. Reichert—The waiver request is because the proposed deck is within the 50'buffer. Erisman—She's still uncomfortable with the deck. It should be redesigned to be outside the 50'buffer. McNeil — Though the Town is moving forward with a concession master plan, it is unlikely the building footprint will change. The facility and limits on the use will keep the building in its current location and size. This project speaks to use by humans,but we're trying address issues in conflict and to work within not only the Wetland Protection Act (WPA) but also local concerns. The deck improves handicapped 'H;C, accessibility to the concession, showers, and public toilets. We consulted with Mr. Carlson regarding what would be appropriate. Referenced the Commission on Disability letter supporting the deck. Folks can enjoy the scene of the beach from the deck. We have grant-funded projects and program that allow beach access to people with ambulatory issues such as the boardwalk to a visitor's platform installed at Jetties Beach. \Ve did Page 1 of 7 ConCom Minutes for May 27, 2021,adopted June 10 not explore a boardwalk out to the beach because the wave action and fluctuating tide precludes a program here;the deck is the compromise. Erisman—We understand the need for Americans with Disabilities Act ADA compliance; she feel_ them iJ another compromise that would be out of the resource area. We want to sec an alternative design analysis Feels there's plenty of room to get decking outside the 50'buffer. McNeil — Keeping the structure outside the 50' buffer is something that would be considered in ._- reimagining of the facility in the future. Erisman—From a resource area perspective,it would be better to do it once rather than disturb the reJource area now and again in 5 years. The deck is a structure and we don't allow new structures within the 5 buffer. It's difficult to justify allowing this. Beale — He's in favor of the storm water management plan. Asked if there is a way to move that pert_o along and have the deck come back at another time. Erisman—We could issue on certain aspects of the project and not issue on others. The DP\\ would have t', be amenable. McNeil—Asked the specific burdens to have the waiver approved. Engelbourg — You have to justify a long-term net benefit to the resource area and explain how something else won't work.You would have to justify how the viewshed can't be provided from outside the 51!' buffer. McNeil — Suggested Commissioners visit the site with the plan in hand. The reason for the deck v.-as to extend the cantilevered deck to the point it would dissuade anyone from walking over the dunes to the beach. There is a deep-water well under the existing deck and erosion jeopardizes that well. The deck would bloc;: further erosion of the coastal dune. Topham — Ile sees the deck as more of a viewing stand; it's oversized and could hold tables and chair-. :. could be minimized; they could come back with helical piers. If this were a new building, we would have pushed back from the bluff. Erisman—The deck mass looks to equal the building. Golding — lie's glad about str. Carlson's recommendation. He shares the concerns of his commissioner: he'd like to see the deck less than 12'wide or a brick patio. McNeil— He feels the net benefit and input concerning placement will go a long way. He'll go back to -tee architect with the fresh comments for a revision of the plan. Along the deck we would have a bench on east, showers on the west,and a movement corridor between the two that allows people to lean on the rats.=. Asked about the possibility of a 9'deck,which would bring the sono-tubes closer to the building. Erisman—If the size of the deck decreases,it would be more palatable but there is -_till the need to meet t e burden of proof regarding the waiver. Engelbourg—Looking at the plan, the deck is ell-shaped on the east and south elevations: asked if the deck could extend solely to the east to minimize intrusion into the 50'buffer. McNeil — The east side currently has a grass picnic-table area adjacent to parking. Without a ;-rap-around WC-accessible deck, people with disabilities would have to go through the parking lot to reach the concessions and the H/C ramp to the bathrooms and shop. Erisman — All the WC parking spots were placed far from the concession entrance: suggested they be moved to in front of the north elevation. McNeil — That has to do with traffic circulation through the parking lot, which includes a bus stop. _::u_ requirements state they cannot cross vehicular lanes and he closest to the facilities access point. The current location is the safest for ADA accessibility. Engelbourg — It deserves a look to see if current facilities can be reconfigured to a different location eliminating the need to have a wrap-around deck. Asked them to go through all possible alternatives before the next hearing. McNeil — He'd love to have a site visit with the Commissioners to look at the resource area and ho•..: t e proposal will benefit long-term protection. Erisman—You can request a site visit but feels the Commission would still request a redesign. McNeil—Requested a site visit.Asked for a 2-week continuance. Staff A conversation he had with Mr. McNeil in the field discussed an option of a more pervious-style installation that isn't defined as a structure;he steered away from that because of run off. I Ie can schedule a site visit the Monday before the next meeting. \lotion Continued to June 10". Roll call Vote N/A 3. Nantucket Islands Land Bank—All Land Bank Properties (Various) SE48-333- (Cont. 06/24/2021) Page 2 of 7 ConCom Minutes for May 27,2021,adopted lune 10 4. *Sweet Meadow Sylvia Lane,LLC—74 West Chester Street(41-478) SE48-3379 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(5:56) Santos—Reviewed the project and previous work on the property.This was continued due to concerns about eliminating a row of substantial Leland Cyprus; that request has been removed. Regarding the issue with the Rose of Sharon,we will remove those and not replace them with privet. Staff Ilave everything needed to close. Motion Motion to Close. (made by:Beale) (seconded) Roll-call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-ave 5. MLR3,LLC—45 Shawkemo Road right of way(27-18) SE48-3411 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Brian Madden,LEC Environmental Don Bracken,Bracken Engineering Arthur Reade,Reade,Gullicksen,Hanley,&Gifford LLP Public None Discussion(6:00) Madden—This was continued regarding questions directed toward staff. Engelbourg—Appreciates the effort put into answering our questions. He agrees this road is a semi-public way in which the applicant doesn't have control;therefore,the waiver requested under 103f3b would apply Staff The Commission was looking for differentiation between a public and private way; Director of Planning Andrew Vorce explained this right of way is semi-public,which allows non-residential vehicles to pass in both directions. Have everything needed to close. Motion Motion to Close. (made by:Topham) (seconded) Roll-call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-aye 6. Nantucket Islands Bank—Smooth Hummocks South End of Westerwyck Way(82-30) SE48-3426 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(6:08) Gasbarro—We received a letter of no take from Massachusetts Natural Heritage. Staff Have everything needed to close. Motion Motion to Close. (made by:Topham) (seconded) Roll-call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-aye 7. *Waterfront Pocomo,LLC—17 Lauretta Lane (14-10.2) SE48-3431 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(6:10) Gasbarro —This is for a modification to a residential property changing red brick patios to granite and to convert a shrubby area to lawn outside the 50'buffer to a vegetated wetland and policy coastal bank. Golding—Asked if there would be any drainage issues with the granite. Gasbarro—No,the pervious area remains the same. Staff Have everything needed to close. Motion Motion to Close. (made by:LaFleur) (seconded) Roll-call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-aye 8. *Lower Pocomo Nominee Trust—88 Pocomo Road (15-42) SE48-3432 (Cont.07/08/2021) 9. *Pocomo Point Realty Trust—90 Pocomo Road (15-43) SE48- (Cont.07/08/2021) 10.Randolph G. Sharp,Jr.Trust—49A Meadowview Drive (56-113.1 portion) SE48-3414 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Brian Madden,LEC Environmental Don Bracken,Bracken Engineering Public None Discussion (6:13) Madden—This is for construction of a single-family dwelling,patio,driveway,and pool. Soil logs were added to the plan. Relative to high-groundwater, standing water is variable but observed closer to the on-site pond. We redesigned the bottom of the pool and foundation to be above high groundwater, but within the 2' separation requirement. We are proposing subsurface infiltration to collect runoff from the roof and patios. Looking to revegetate within the 25'buffer and do some invasive species management;that requires a waiver. Engelbourg—On the plan,asked if the soil samples are represented. Both could be designed to be above the 2'separation. Madden—We took 2 tests adjacent to the pool location;both redock levels meet the 2' separation at the pool. Pare 3 of 7 ConCom Minutes for May 27,2021,adopted June 10 Engelbourg—It's worth calling out a Finding about the variable groundwater height. Carlson-- Emily Molden,Nantucket Land Council, called out that the crawl space is proposed to .e !. the crawl space at 49 is proposed to be 4', yet a waiver to groundwater is requested for Moth. =17ed .: . possible for both to be 4'.Also agrees with \lr. Engelbourg that the waiver as requested cannot necessan' justified for the pool. Bracken—That's the bottom of the footings and the depth of the slab on the footings; that is iust over 1 foot. the crawl space is just over 5'but above the groundwater. That extra foot makes a huge difference in use crawl space. Carlson—Ms.Molden agrees that the waiver can't he justified for the pool. Erisman — Agrees that the 2' separation can be granted for the structure, but he pool isn't a nece=_-a-.- structure. Engelbourg—If there were a failure to the pool,the treated water would go directly into groundwater. Bracken—If you aren't going to grant the waiver for the pool, asked that something specific be included the revised depth of the pool. Madden—Based upon the soil samples next to the proposed pool,no waiver is required for the pool_ Staff Have everything needed to close. Motion Motion to Close. (made by:Topham) (seconded) Roll call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur, and Topham aye 11. 'Randolph G. Sharp, Jr.'Trust—49 Meadowview Drive (56-390) SE48-3428 Sitting Iirisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Brian Madden,LEC Environmental Don Bracken,Bracken Engineering Public None Discussion (626) Madden — This is new construction of a house, patio, pool, guesthouse, and driveway all outside the 5:- buffer. No work will be within the 25' buffer with less than 500-c alteration between_ the 25` and 5'!' huifer-. Will have subsurface infiltration systems for runoff. Did soil testing and set the bottom of the foundatton footings,and bottom of the pool above high water but within the 2' separation. Engelbourg—Suggested revising the design of the pool to get it out of the 2' separation from groundwater. Golding—Agrees with Mr. Engelbourg. Erisman—Also agrees. Madden—We can take a closer look at doing that;it might involve grading fill. Engelbourg—Suggested looking into an above-ground pool. Carlson—Emily Molden,Nantucket Land Council, asked what the difference will be from infiltration system to high groundwater for both 49 and 49A. Asked if a waiver is required for both. Asked if part of the waiver justification has a diagram or additional information on their design been provided to the file. Madden—The infiltration would be shallow and above high groundwater.Asked to continue to_lune 10th. Staff Infiltration chambers are not considered structures so don't require waivers. Motion Continued to June 10". Roll call Vote N/A 12.'Drake Real Estate,LLC—2 Horn Beam Road (21-118.5) SE48-3429 Sitting Ensman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Brian Hadden,LEC Environmental Don Bracken,Bracken Engineering Public None I)iscussion (6:32) Madden—This is for a pool, patio, shed, and outdoor shower. The pool is outside the 50' buffer and meets the 2' separation from high groundwater. There are no waivers required for the project. We are waiting for Massachusetts Natural Heritage on this;it's within priority habitat.Asked for a 2-week continuance. Staff The application checks "no"regarding Massachusetts Natural Heritage jurisdiction. There is a portion of patio within the 50'buffer;the patio material should be clarified. Motion Continued to June 10th. Roll call Vote N/A 13. '87 Eel Point Road Realty Trust—87 Eel Point Road (32-11) SE48-3430 Sitting 1?risman,Golding,LaFleur,Topham,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Brian Madden,LEC Environmental Don Bracken,Bracken Engineering Public None Discussion (6:35) Madden — This is for renovation of a single-family dwelling within the 50' buffer to a coastal bank. Certificate of Compliance has been issued for a coastal erosion structure. Identified the limit of existing beach grass and structure is designed to accommodate the 50'buffer for the grass. Massachusetts Natural Heritage is requiring a botanical survey on this;asked if Che commission would close contingent upon the results of their review process. Page 4 of 7 ConCom Minutes for May 27,2021,adopted June 10 Erisman—Asked if ConCom could issue the Certificate of Compliance with a contingency. Carlson—Emily Molden,Nantucket Land Council, suggested the commission ask the applicant to reyegetate the existing structure site with beach grass;that would work in conjunction with the coastal erosion work. Madden — The applicant expects that to be lawn area; will accept conditions regarding fertilization and irrigation;all lawn is outside the 25'buffer and complies with the regulations. Golding—Ms.Molden's suggestion is worthy;suggested a compromise of bringing it out an additional 10'. Madden—Currently,the area is all beach grass. Topham—He's in agreement with Ms.Erisman and Molden. Madden—asked for a 2-week continuance. Staff ConCom could issue the Certificate of Compliance as Mr.Madden requested Motion Continued to June 10th Roll-call Vote N/A B. Amended Orders of Condition 1. Wallack Ack,LI,C—45 Hulbert Avenue (29-16) SE48-3331 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Jeff Blackwell,Blackwell&Assoc. Public None Discussion (6:42) Blackwell—This is to bury a propane tank about 30' from the coastal dune under the driveway; it would be anchored to a concrete slab. Any temporary dewatering would be pumped to a discharge chamber north of the bulkhead. Topham —Asked if staff or the Fire Department reviewed this due to new requirements for underground tanks. Blackwell —He will take those comments back to the contractor; setback requirements have been met. He will inform the contractor that a fence is required to keep people from driving over the tanks. Engelbourg—Asked if the fence within the 50'buffer would cause issues with the regulations. Carlson—Emily Molden,Nantucket Land Council,asked how close this location is to the resource area. Blackwell — Given the subsurface drainage and parking, the variable is a couple of feet east and west; the tank would be more than 25' from the coastal dune. He will stake the location for the contractor prior to installation. He's hearing the concerns of the commission and assures the applicant will comply. Asked why an 18'length of picket fence is not acceptable but an 18'length of split rail is;he'd have a hard time explaining that to the owner./ Erisman — A split rail for demarcation is non-structural under our regulations. They could apply for an amendment with a waiver for a picket fence. Blackwell—He'd close if a split rail fence is required by the Fire Department. Golding—Asked if we had granted a waiver for the electric company on Candle Street. Staff It would have to be split-rail fencing. The electric company had additional security issues. Recommend close and issue. Motion Motion to Close and Issue the amended order. (made by:Beale) (seconded) Roll-call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-aye 2. Snowdon—11 Massachusetts Avenue (60-80) SE48-3148 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Jeff Blackwell,Blackwell&Assoc. Public None Discussion (6:54) Blackwell—This is for an elevated 3'-wide boardwalk supported by helical anchors to allow revegetauon of grass within the marsh.Haven't heard from Massachusetts Natural Heritage so will have to continue. Golding—Appreciates it's kept low enough to not require a railing. Staff None Motion Continued to June 10th. Roll-call Vote N/A Ill. PUBLIC MEETING C. Minor Modification 1. ACK86QR,LLC—86 Quidnet Road(21-102, 103,&69) Ser8-3412 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 (6:57) Madden—This involves addition of window wells and area way outside the 50'buffer. Staff Recommend issuing the Minor Modification. Motion Motion to Issue the Minor Modification. (made by: Golding) (seconded) Roll-call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-aye Page 5 of 7 ConCom Minutes for May 2-,2021,adopted lune 10 D. Certificates of Compliance 1. Moore— 14 Moors Ind Lane (43-216) SE48-851 Sitting Erisman,Golding,Lafleur,'Popham,Engelbourg,Beale Staff This was for septic installation; this is so old they've since converted to Town Sewer. I)iscussion (5:58) None Motion Motion to Issue. (made by:Topham) (seconded) Roll call Vote Carried 6-0//Beale,Engelbourg,Erisman, Golding,LaFleur,and Topham-aye 2. 'Aline 10 Berlyn—2 Francis Street (55.1.-4) SE48-3381 Sitting 1?risman,Golding,Lafleur,Topham,Engelbourg,Beale Staff This was for installation of a driveway;work is completed and in compliance. Discussion (6:59) None Motion Motion to Issue. (made by:Beale) (seconded) Roll call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-ave 3. Dunphy& Colella—32 Tennessee Avenue (60.1.2-41) SE48-2438 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Staff Suggested issuing with on-going Conditions 21-26 and 33, which have to do with invasive species management. Discussion (7:0)) Art Gasbarro,Nantucket Engineering&Survey—This was for an elevated walkway. Motion Motion to Issue with on-going Conditions 21-26 & Condition 33. (made by: Topham, 'seconded Roll-call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur.and Topham-aye 4. Bailey—85 Sankaty Road (49-91) 5E48-3080 Sitting Ensman,Golding,LaFleur,'Popham,Engelbourg,Beale Staff lie original work was permitted before the lot was subdivided;looking for a partial certificate to release to clear it off the title. I)iscussion (75).3) None Motion Motion to Issue a partial Certificate of Appropriateness. (made by: Engelbourg, "seconded Roll call Vote Carried 6-0//Beale,Engelbourg,Erisman, Golding,LaFleur,and Topham-aye 5. 55 Grove Lane,1,1f2—55 Grove Lane (41-419) SE48-3155 Sitting 1?risman,Golding,LaFleur,Topham,Engelbourg,Beale Staff Concur it is in compliance but recommend on-going Condition 20 banning permanent dewatering. I)iscussion (7:1)11) Mark Rits,Site Design Engineering—This was for redevelopment of a lot. Work is in substantial compliance. Motion Motion to Issue with on-going Condition 20. (made by:LaFleur) (seconded. Roll call Vote Carried 6.0//Beale,Engelbourg,Ensman, Golding,LaFleur,and Topham-aye 6. Montgomery—33 North Liberty Street(41-157) SE48-711 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Staff Final work matches the original permit;recommend issuing. Discussion (7:07) None Motion Motion to Issue. (made by:Topham) (seconded) Roll call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur, and Topham-aye E. Orders of Condition 1. '''own of Nantucket (DP\\)—Town Wide (Various) 5E48-3366 Sitting I(risman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Draft Order of Conditions Staff We don't have to issue this tonight. Recommend attaching the Land Bank protocols, as approved b. Massachusetts Natural Heritage,to the order so there is no question. Reviewed Conditions 19, 20 21, 22, and 23. Condition 23 states that regarding anything not specifically covered Staff be contacted prior to work. "1 he Massachusetts Natural Heritage letter has to be attached to the Order.He will put under_Additional Findings that the copy of Massachusetts Natural Heritage determination is attached to the Order. Discussion (75)5) Golding— He'd like to note the Massachusetts Natural Heritage letter required their conditions be included and the representation that they signed off on this is disingenuous;their conditions need to he included. Motion Motion to Approve as amended. (made by:Topham) (seconded; Roll call Vote Carried 5-0//Beale,Engelbourg,Erisman, Golding,and Topham-aye;LaFleur recused 2. Sweet Meadow Sylvia Lane,LLC—74 West Chester St(41-478) 5E48-33-9 Sitting l(risman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Draft Order of Conditions Staff ''here are no particular conditions. Discussion (7:17) Engelbourg—Noted that they aren't planting anything and that non-native plants are being removed. Motion Motion to Approve as amended. (made by:LaFleur) (seconded) Roll call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-aye Page 6 of 7 ConCom Minutes for May 27,2021,adopted)une 10 3. AI1,R3,LLC—45 Shawkemo Road right of way (27-18) SE48-3411 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Draft Order of Conditions Staff I Las an additional Finding that the road way is historic and was laid out in 1931;he'll add that it is semi-public. There's a difference between having the ability to improve the roadway and having the right to control it; he can't restrict others from access.If you deny the waiver,they can't do the project;if we don't grant the waiver, suggested we grant a positive order since the State doesn't have the same requirements as us. Some of the proposed work is outside the 25'buffer. Discussion (7:19) Beale—It says the area not within the control of the applicant;asked if he'll be doing work in the road way. Golding—Suggested adding"sole" to"control of the applicant." Engelbourg —It is sole or direct control of the applicant. The waiver language could he cleaned up in the regulatory updates. Beale — Asked the implications of denying the waiver. He's troubled by the whole thing. He feels the proposed improvements are unnecessary, so the waiver isn't necessary. \lotion Motion to Approve as amended. (made by:LaFleur) (seconded) Roll call Vote Carried 4-2//,Engelbourg,Erisman,LaFleur,and Topham-aye;Beale and Golding-nay 4. Nantucket Islands Bank—Smooth Hummocks South End of Westerwyck Way (82-30) SE48-3426 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Draft Order of Conditions Staff This was for installation of aluminum beach stairs; no conditions. Staff will be notified when the stairs are installed ore removed. Discussion (7:29) Engelbourg—Asked if Staff will be notified when the seasonal stairs are installed and removed. Motion Motion to Approve as drafted. (made by: Golding) (seconded) Roll call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-aye 5. Waterfront Pocomo,LLC—17 Lauretta Lane (14-10.2) SE48-3431 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Draft Order of Conditions Staff This was for brick to granite patios;no conditions for it. Discussion (7:31) None Motion Motion to Approve as drafted. (made by:LaFleur) (seconded) Roll-call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-aye 6. Randolph G. Sharp,Jr.Trust—49A Meadowview Drive (56-113.1 portion) SE48-3414 Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale Documentation Draft Order of Conditions Staff Read how he included Mr.Engelbourg's suggestion. Discussion (7:32) Engelbourg—We need to call out that a waiver is required for the 2' separation from groundwater for the crawl space footing but not the pool. Notion Motion to Approve as amended. (made by: Golding) (seconded) Roll-call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-aye F. Other Business 1. Approval of Minutes 5/6/2021 &5/17/2021: 5/17 discussion of Mr.Engelbourg referencing 9/31 deadline,he said December 31". Motion Motion to Approve 5/6 as drafted and 5/17 as amended. (made by:Engelbourg) (seconded) Roll call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-aye 2. Reports: a. CPC,'Popham 3. Enforcement updates SBPF Discussion(7:40) Carlson—The first date when everyone is available for a follow up on SBPF is June 21it at 5 p.m. That might be an in-person meeting. Erisman—Asked if we could still do it remotely if that makes it easier. Carlson —There are a lot of questions; many have communicated some level of ZOOM because of higher participation due to not having to travel.We don't know what the final legislation will look like. 4. Commissioners Comment a.Erisman —It would be great to get an update on some of the outstanding enforcement: Holly wood Farm, Sankan Road,and Sesachacha Pond. 5. Administrator/Staff Reports a. With Mr.Topham leaving,ConCom will have to designate the CPC position.Mr.Beale volunteered. b.Annual Town Meeting is Saturday June 5't'at the High School. G. Adjournment Motion Motion to Adjourn at 7:50 p.m. (made by: Golding) (seconded) Roll-call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,and Topham-aye Submitted by: Terry L.Norton Page 7 of 7