HomeMy WebLinkAboutAugust 26, 2021 ConCom Minutes for August 26,2021,adopted Sept. 9
CONSERVATION COMMISSION
% °NTuct PUBLIC MEETING
0- 131 Pleasant Street
i ��l: Nantucket,Massachusetts 02554
VOA
�6 «-ww.nantucket-ma.gov
9pOnta0 - Thursday,August 26,2021 —5:00 p.m.
•
This meeting was held via remote participation using ZOOM and youTuube,
Pursuant to Governor Baker's March 12, 2020 Order Regarding Open Meeting
Law
Commissioners: Ashley Erisman (Chair), Ian Golding (Vice Chair), David LaFleur,
Seth Engelbourg, Maureen Phillips, Mark Beale, and Linda Williams
Called to order at 5:00 p.m.by Ms. Erisman
Staff in attendance: Jeff Carlson,Natural Resources Director;Terry Norton,Town Minutes Taker
Attending Members: Erisman,Golding,LaFleur,Engelbourg,Beale,Williams ti
.Absent Members: Phillips .�
*Matter has not been heard _l.
I. PUBLIC MEETING tv
A. Announcements C,
B. Public Comment—
11. PUBLIC HEARING
A. Notice of Intent
1. Land Bank—Island Wide Land Bank Properties (Various) SE48-3337 (Cont. to 10/7/2021) n
2 *NISDA—55 Wauwinet Road(14-23) SE48-3441 (Cont.to 09/23/2021) -
3. Auburn Cottage,LLC—46 Easton Street (42.4.1-22) SE48-3458
Sitting Erisman,Golding,LaFleur,Engelbourg,Beale
Documentation Site and topographical plans,photos,requisite departmental reports and correspondence.
Representative Brian Madden,LEC Environmental
Don Bracken,Bracken Engineering
Dan Bailey,Pierce Attwood,L.P.
Public None
Discussion(5:05) Madden—The new dwelling in the northeast corner was slid over to accommodate wetland scenic views.
Golding—Appreciates their taking his concern into account.
Engelbourg—He requested follow up confirmation on the costal dune on the west side;asked if that had been
done.
Madden—We restaked the dunes.
Erisman—Her concerns were the basement and photos confirm her concerns; the upgrade will change how
water moves.Asked them to consider a pier foundation that close to the dune.
Madden—It will be on pier supports with breakaway panels.
Bracken—The piers will be on helical piles.
Beale—Asked for clarity on the slab issue;currently there's a cellar with a concrete floor.
Bracken—It will be a new slab at grade and water will be able to go through the building.
Staff We went out after the dune was reflagged and agree with the boundaries.
Have everything needed to close.
Motion Motion to Close. (made by:LaFleur) (seconded)
Roll-call Vote Carried 5-0//Beale,Engelbourg,Erisman,Golding,and LaFleur-aye;Williams recused
4. George C.&Diane D.Metcalfe—11 Alliance Lane (39-24.1) SE48-3457
Sitting Erisman,Golding,LaFleur,Beale,Williams
Documentation Site and topographical plans,photos,requisite departmental reports and correspondence.
Representative Brian Madden,LEC Environmental
Don Bracken,Bracken Engineering
Public None
Discussion(5:12) Madden—We are still waiting for Massachusetts Natural Heritage letter so will have to request a continuance.
Their 30-day deadline is tomorrow.
(6:23) Madden-The Massachusetts Natural Heritage letter just came through;asked if this could be reopened.
Motion to reopen. (Williams) (seconded)
Carried Erisman,Gold-aye,;Beale-nay,and Engelbourg recused.
Madden—Reviewed the Massachusetts Natural Heritage rulings and conditions.
Discussion on the motion to close.
Beale—He's concerned people,who might have wanted to speak,have left the meeting and now don't have the
Con( om_Minutes for_August 26,2021,adopted Sept.
Golding le stands with Mr.Beale._Also, this structure is shoehorned into they t e's not ready
Discussion about whether or not a 3-2 vote is sufficient to pass the motion.
Stitt Carlson —_Ant time we get a Massachusetts Natural Heritage letter with conditions, we attac,, ,
of Conditions since their conditions are so extensive.
Now we have everything needed to close.
Motion Motion to Close. (made by:Lal'lkeur) (seconded'
Roll call Vote Carried 3-2//l risman,Lafleur,and Williams-aye; Golding and Beale-nay,Engelbourg recused
5. Nantucket Whales 11nd II,EEC—43& 45 Squam Road (13-23 & 24) SE48-346o (Cons. to 09/23/2021)
6. 'Warrens Landing N.T.—40 Warrens Landing Road (38-45) SE48-3466 (Cont. to 09/09/2021)
7. 'I lubbard—28 Dukes Road (56-190) SE48-3464
Sitting l iirisman,Golding,Lafleur,Engelbourg,Beale,Williams
l)ocumeiitation Site and topographical plans,photos,requisite departmental reports and correspondence.
Representative Brian Madden,1_,E,C Environmental
Don Bracken,Bracken Engineering
Public None
Discussion (5:13) Madden —This is for installation of a pool and patio outside the 50'buffer to a bordering vegetated ,-.vetla nd
and 2 isolated vegetated wetlands. The pool will have an autocover and ma:ntam 2' separation from
groundwater.No waivers are requested or required.
Williams — Confirmed the pool is inside the 100' buffer and that the boundaries were updated. She's
comfortable with it where it's located. This is a very wet lot. If it were on the other side, it would be farther
from the wetlands.
Erisman — Structures are allowed outside the 50' buffer unless there are other circumstances. 'shed if
confirmed the wetland boundaries.
Golding— lie takes \Is. Williams point about the wetness; in another case, we added some precautions. :fe
sees the point of moving it to the other side. In this location,if they want to empty the pool, it have to, se
into a pumping tank.
Engelbourg—Regarding the areas of interest to be protected,it's important to craft conditions so it meet ou-
performance standards.
Williams—Asked if this location was approved by the Historic District Commission 'HI)C
there are some invasive species; asked if those will he addressed. She al nonce
Bracken—IIe believes HDC approved this;projects usually are before they get to us to go to (,onCom.
Madden—Ain invasive species management would have to be a multi-property project;he'll convey: that idea
to the owner.
Staff We have confirmed the wetland boundaries this summer;explained how wetlands are delineated.
\We can encourage them to take on the invasive species but not require it under this application.
I lave everything needed to close.
Motion Motion to Close. (made by:Williams) (seconded)
Roll call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur, and Williams-aye
8. ':Anchialine Properties,l.LC—19 East Creek Road (55-60) SE48-3465
Sitting Erisman,Golding,Lafleur,Engelbourg,Beale,Williams
1)ocumentation Site and topographical plans,photos,requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Sun-etors
Joe Paul,BPC
Public None
Discussion (5:26) Santos—Building renovation plans have HDC approval. This is for construction of additions to the- structure
and landscaping;the property is within land subject to coastal storm flowage and there is work within the buffers
to wetlands, a saltmarsh,and a policy coastal bank.Reviewed application history of the property. Repair of the
(Mdock is not part of this application. The site was removed from the Massachusetts Endangered Species
ESA) map. We have asked for waivers. He spoke with Mr. Ken Goldberg. owner of the proper[- to the
south;he has said he has no issues with this proposal. Our Island Home (OIH has not corresponded with us
on this application; but nothing we are doing impacts their view.
Paul—Reviewed the HDC approved work on the structure.He did a pane-by-pane comparison of clear-glass
area;we have a net reduction in glass of 13.68sf on the east,a 6.117sfincrease on the south,and a 1 l.8-sf increase
on the north elevation. Most of the increase in glass happens on the sides,not facing the Creeks.
Williams—She was concerned about fenestration and light-scatter on the Creeks side;she's happ-, glass is being
reduced on that side.Asked if they considered non-reflective glass;it also reduces light scatter.
Erisman—We do ask to minimize light toward the wetlands.
Paul—l le has never used reflective glass,but it sounds more compelling versus reducing the glass even less:he
thinks his client might be open to it.
Engelbourg— From his training as an avian ecologist, any increase in glass is detrimental for birds; any glass
should have approved deterrents to keep birds from hitting those windows. He's concerned about the increase
in structural areas;adding the pergola and additional areas isn't productive for the wetland resource areas. This
is an Opportunity for them to reduce the length of the timber retaining wall to lust around the house and keep
it outside the 25' buffer to the saltmarsh.
ConCom Minutes for August 26,2021,adopted Sept. 9
Erisman — The pergola concerns her. Outdoor living space could be contained within the fairly large deck.
Asked about construction protocol:where will vehicles park, will a dumpster be left there, etc. It needs to be
clear that no material ends up in the resource area.
Santos—He can provide a construction protocol to staff;that can be conditioned.
Golding—Pleased they are not raising the ridge. On the west elevation, they are adding to the roof mass and
adding a floor over the garage.He's leaning toward approving this.He looks at the pergola as an open framework.
He's pleased with the reduction in glass and would support use of non-reflective glass.
Williams—She would support this because of the reduction in hardscaping. She agrees with Mr. Golding about
the pergola.
LaFleur—He too agrees. This is a world of difference over the last application. The reflective glass would be
good.
Beale—Asked about the material for the surface of the patio and under the pergola.
Paul—It's a bluestone patio;it's not set on a slab. He hasn't discussed stone size with his client, but he's open
to that being conditioned to achieve the more permeability.
Beale—Ile supports comments on using non-reflective glass facing the Creeks.
Engelbourg—The non-reflective glass is a window spec;he's talking about technologies applied to the windows
to prevent bird strikes.
Golding—Asked if a catchment basin would be necessary and should we see it in a design.
Erisman—There area is tough for a catchment basin.
Santos—Could have a shallow area under the patio to direct water into.
Engelbourg—Our job is to make sure the application meets the performance standards for resource areas under
our jurisdiction,not based upon it's being better than prior applications.The pergola and added structure don't
fit with the performance standards;the client need to look at alternative analysis on those.
Erisman—She agrees with Mr.Engelbourg;this proposal increases living space.
Beale—Asked what the offset would be for granting the waiver.
Erisman—The waiver was for no reasonable alternative;normally there is an offset calculation.
Santos—The waiver is requested based upon no adverse impact and no reasonable alternative.This structure is
existing;only 55sf is being added to the footprint on the back side.The pergola isn't"building area";it's an open
framework and doesn't add to the building structure.
Paul—Currently mechanicals are below the flood plain in the garage;the addition raises them out of the flood
plain.We can define the cross pieces of the pergola,which is an open-air structure.
Erisman—It looks like this structure was dropped into the Creeks.The pergola does make a difference in the
wetland scenic views,especially on a lot that probably shouldn't have been developed.
Engelbourg—A pergola is defined as a structure under our regulations and could negatively impact flood waters.
The burden of proof is on the applicant to show there is no reasonable alternative and no negative impact and
how impact will be minimized.He's not comfortable with this until that is done.
Beale —To him, no reasonable alternative is a threshold question; allowing them to expand within a troubled
area with granting the waiver could allow them to come back for more.
Williams—With the garage no longer being used to house a vehicle,it means no car is going across that area.
Santos—That is a positive component to this project.Materials were stored in the garage that could have caused
an adverse impact in the event of a flood.
Engelbourg—It would be an important condition that the storage space not have chemicals and fuel.
Carlson—R.J.Turcotte,Nantucket Land Council,Inc.asked that the commission request an alternative analysis
be provided because it's unusual to allow construction within the 25'buffer.
Santos—Asked for a continuance to provide additional information.
Staff None
Motion Continued to Sept 9.
Roll-call Vote N/A
B. Amended Order of Conditions
1. Nester—4 East Lincoln Avenue (42.4.1-49) SE48-3367
Sit ting Erisman,Golding,LaFleur,Engelbourg,Beale,Williams
Documentation Site and topographical plans,photos,requisite departmental reports and correspondence.
Representative Don Bracken,Bracken Engineering
Brian Madden,LEC Environmental
Arthur Reade,Reade,Gullicksen,Hanley,&Gifford LLP
Public None
Discussion (6:17) Bracken—This is to reduce the main structure by about 350sf and propose an in-ground pool. The resource
area is land subject to coastal storm flowage.Pool and surrounding patio will be at grade.
Golding—We don't know if the pool will have 2' separation from groundwater.
Bracken—Dewatering will be required;that's a Department of Public Works application with a signoff from
ConCom;there is a catch basin in front of this site.
Staff Have everything needed to issue.
Motion Motion to Issue with standard pool conditions. (made by:Williams) (seconded)
Roll-call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,and Williams-aye
ConCom Minutes for August26, [21. adopted s el,
III. PUBLIC MEETING
C. Certificates of Compliance
1. Seth I)& Kim 1. White—47A West Chester Street (41-22-.1) S]:48 11-
Stiting I liisman, Golding,Lafleur,Engelbourg,Beale,Williams
Staff This is in compliance.Recommend issuing g with On-going
f,onng Condition
Discussion (6:3t) None
Motion Motion to Issue witg on-going Condition 19. (made by: Golding 'seconded
Roll call Vote Carried 6-0//Beale,Engelbourg,Erisman, Golding,Lafleur. and Williams-aye
2. .ACK Blue Shutters I,1,C—4 Hulbert Avenue (42.1.4-2) SE48-3298
Sitting 1?1-1sman,Golding,Lafleur,Engelbourg,Beale,Williams
Staff This is in compliance and recommend issuing.
I)iscussion (6:32) None
Motion Motion to Issue. (made by: Golding) (seconded)
Roll call Vote Carried 5-0//Beale,Engelbourg,Erisman,Golding,Lafleur,and Williams-aye
3. Freeman—93 Baxter Road (48-21) SE48-2984
Sitting Tinsman, Golding,Lafleur,Engelbourg,Beale,Williams
Staff This was in response to an enforcement order; the site is now in compliance. Recommend issu
ing.
Uiscussio❑ (6:33) None
Motion Motion to Issue. (made by:Williams) (seconded)
Roll call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,Lafleur,and Williams-aye
4. Freeman—93 Baxter Road (48-21) SE48-2089
Sitting 1.risman,Golding,LaFleur,Engelbourg,Beale,Williams
Staff This was for relocation of the structure;it is in compliance. Recommend issuing.
(iscussion (6:35) None
Motion Motion to Issue. (made by: Golding) (seconded)
Roll call Vote Carried 6-0//Beale,Engelbourg,Erisman, Golding,Lafleur, and\\illiams-aye
D. Orders of Condition
1. :Auburn Cottage,1.1,C—46 Easton Street(42.4.1-22) SE48-3458
Sitting I:risman, Golding,Lafleur,Engelbourg,Beale
Documentation llraft Order of Conditions
Staff Reviewed the conditions he had included. He'll add the "as shown on the label"to Condition 2(
r.
Discussion (6:37) Engelbourg— Condition 20, any herbicide should be applied in accordance with the label instructions ',y a
licensed applicator.
Golding—He wants Condition 19 to remain because it's specific.
Alotion Motion to Issue as amended. (made by: Golding) (seconded)
Roll call Vote Carried 5-0//Beale,Engelbourg,Erisman, Golding,and Lafleur-aye;Williams recused
2. George C.&Diane D.Metcalfe— 11 Alliance Lane (39-24.1) SE48-3457
Sitting 1',risman, Golding,Lafleur,Beale,Williams
I)ocumentation Draft Order of Conditions
Staff l le'll attach the Massachusetts Natural Heritage conditions.
I)iscussion (6:12) None
Motion Motion to Issue as drafted. (made by:Williams) (seconded)
Roll call Vote Carried 3-2//Erisman,Lafleur,and Williams-aye;Beale and Golding abstain and Engelbourg recused
3. I lubbard—28 Dukes Road (56-190) SE48-3464
Sitting 1,risman,Golding,Lafleur,Engelbourg,Beale,Williams
Documentation Draft Order of Conditions
Staff lie has the standard pool conditions. He'll add a Condition 24 regarding fill per Mr. Engelbourg's comment s.
l ie can add Condition 25 that straw waddle be installed along the silt fence.
We have a tolerance for grading within a few of inches; if they grade substantially- more than the permit plan.
they are not in compliance and we can ask them to remove that grading.
Discussion (6:-15) Williams—Asked if removal of invasive species could be conditioned here.
Erisman—Invasive species removal was not agreed to or a request of the permit.
Engelbourg—There will be some regrading;he wants to see a condition on fill as he previously mentioned,
be included.Asked if staff could do a review for a list of contaminants we can include: chemicals and
Williams—If they are excavating at the top of the hill, she doesn't think the silt fence will be sufficient. Asked
if ConCom can regulate grade change; she would be more comfortable with a condition against any change i_
grade.
Motion Motion to Issue as amended. (made by: Golding) (seconded
Roll-call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,Lafleur,and Williams-aye
ConCom Minutes for August 26,2021,adopted Sept. 9
E. Extension
1. Nantucket Conservation Foundation—Shimmo Pond Road(43-155) SE48-3090
Sitting Erisman,Golding,LaFleur,Engelbourg,Beale,Williams
Staff Asking for three 1-year extensions on the Pesthouse Pond project.
Discussion(6:36) Engelbourg—They are asking to extend to 2023;that's only 2 years.
Motion Motion to Issue two 1-year extensions. (made by:Williams) (seconded)
Roll-call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,and hams-aye
F. Other Business
1. .Approval of Minutes 08/11/2021 &08/12/2021:
Motion Motion to Approve as drafted. (made by:Beale) (seconded)
Roll.call Vote Carried //Beale,Engelbourg,Erisman,Golding,LaFleur,and Williams-aye
2. Monitoring Reports—Nantucket Conservation Foundation,Shimmo Pond Road,Pesthouse Pond
Discussion(6:59) Carlson — If anyone has questions, they can forward them to me and I'll pass them on to Nantucket
Conservation Foundation.
3. Reports:
a. CRAG,Golding
Discussion about taking near-shore sand impact on surfing,scallops,and near-shore fishery habitats.
b.CPC,Beale
4. Commissioners Comment
a. Golding—We need to get to work on the regulations updates.
Carlson—We were trying to get past some of SBPF to where we could focus on it. We'll have to advertise the public
hearings.By the end of next week,he'll send out the draft of what was done;we can decide from there.
Erisman —Mr. Carlson will send out the draft then we can look at the open meeting space for additional regulation
meetings.
Engelbourg—Putting regulations in place is the most important work we can do;it makes the permitting process easier.
b.Erisman—She read an article where Chief Murphy talked about beach fires and was shocked to read that NED permits
aren't required for small beach fires.We need to put something in our regulations or speak to Chief Murphy because of
charred wood in areas we don't want it.
Engelbourg—There are regulations,but the question is if people follow those regulations;feels another layer would be
helpful.
5. .Administrator/Staff Reports
a. For extra meetings,asked if people have a preference for Wednesday or Thursday;he'll aim at 4 on Thursdays.
b.He'll have everything in everyone's mail box for digital signing tomorrow.
G. Adjournment
Motion Motion to Adjourn at 7:14 pm. (made by:Williams) (seconded)
Roll-call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,and Williams-aye
Submitted by:
'1'erry L.Norton