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HomeMy WebLinkAboutMarch 12, 2021 ConCom;Minutes for September 9,2021,adopted Sept. 23 CONSERVATION COMMISSION N ,. + TUCK aNTuc, PUBLIC MEETING TOWN C L E f; r�• 131 Pleasant Street Nantucket,Massachusetts 02554 2021 SEF 214 AM 9. 3 \eo `�'�' n ntncket-ma.gov 9PQRA _=` Thursday,September 9,2021 —5:00 p.m. This meeting was held via remote participation 0 Ord using aZOOMrding eand YouuTube, Pursuant to Governor Baker's March 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,Phillips,Beale,Williams *Matter has not been heard 1. PUBLIC MEETING A. Announcements B. Public Comment—None it. PUBLIC HEARING A. Notice of Intent 1. Lower Pocomo Nominee Trust—88 Pocomo Road(15-42) SE48-3432 (Cont.10/07/21) 2. Pocomo Point Realty Trust—90 Pocomo Road(15-43) SE48-3438 (Cont.10/07/21) 3. Warrens Landing N.T.—40 Warrens Landing Road (38-45) SE48-3466 (Cont.09/23/21) 4. Anchialine Properties,LLC—19 East Creek Road(55-60) SE48-3465 (Cont.09/23/21) 5. *Johnson—34 Easton Street(42.1.4-18) SE48-3469 Sitting Erisman,Golding,LaFleur,Engelbourg,Phillips,Beale,Williams Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Art Gasbarro,Nantucket Engineering&Survey Public None Discussion(5:01) Gasbarro—This is for replacement of a Chapter 91 licensed timber pier within Nantucket Harbor.All material will be removed by a licensed marine engineer and properly disposed of. Golding—Asked if there is any change in design. Gasbarro—The dimensions will be the same but there will be an upgrade in material. Beale—Asked what environmental issues the State would bring up when replace a pier. Gasbarro—A time of year restriction related to winter flounder is all he's seen. Work v.-ill be from a barge so will dependent upon tide cycles,so the barge doesn't bottom out. Staff Have everything needed to close. Motion Motion to Close. (made by:Golding) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,Phillips,and Williams-aye 6. *Moores Realty Trust—14 Tautemo Way(83-13) SE48-3468 Sitting Erisman,Golding,LaFleur,Engelbourg,Phillips,Beale,Williams Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Brian Madden,LEC Environmental Public None Discussion(5:06) Madden This is for recognize maintenance Followingplace retainingbordering Hummock Pod; the wda back to late the 1970s. emoal of phragmit , the wall received damage, so the owner performed maintenance activities unaware it would require a NOI. The work included some extension of the wall. the bol Feels this doesn't a t t definition of maintenance with the of debris and cobble being placed extension and wall potentiy reconfiguration causing the wall.Also,the photos showvariety the wall to function as a bulkhead and how the wall will change the natural properties of the shoreline eco system.There was also an un-permitted patio;he has concerns about the history of this property. Erisman—Shares the concerns about the wall being extended to the retaining wall. Beale—Asked if the dates are good. to Madden—He'll work with the eprolookin ownerttotend to old thephotos stof what the tir wall e. lfused lookono liks and the confirm the construction date. We g something softer would be more appropriate. Erisman—Asked if they considered a softer solution to the east side. Madden—The connection point is about 8'to 10';there are over-hanging shrubs in that area. ConCom Minutes for September t0, 2O21.adopted Sept. 2 Golding-An aerial photo shows a modern house to the east that's at least 4X the size of this 'With a S,,' -""' along the whole property line with a jetty. This is yen-modest in comparison to that. Phillips—What struck her was that the removal of the phragmites was contributed to the need TO extend .h_ wall; she agrees that when the phragmites go away and the stability of what's remaining becomes a concern: however, she's disappointed that when the owner realized conditions are changing, they should have come in. Madden —\A'e have to continue for 2 weeks for Massachusetts Natural Heritage; urged commissioners OUT to the site. Staff He can do a history review on the project to the east. He'll schedule a site visit for this. lotion Continued to Sept. 23rd Roll call Vote N/A 7. 'Gilbert—16 D Street(60.2.1-2) SE48-3467 Sitting Lrisman,Golding,LaFleur,Engelbourg,Phillips,Beale,Williams Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Don Bracken,Bracken Engineering Public R.I."I'urcotte,Nantucket Land Council,Inc. Discussion (5:21) Bracken—This is for structural work to the dwelling within 100'of a coastal bank and saltmarsh.masking for a waiver for reconfiguration west elevation within 50'of the coastal bank. Phillips—Asked why the air conditioning(_A/C) and shower be moved toward the road to get it closer to o.:- of the 50'buffer. Bracken—It looks like we could move it a couple of feet. Engelbourg — He's concerned with the addition raising the ridge and adding to the roof; the massing is increasing and that impacts the resource areas. A portion of the existing deck goes into the 25' buffer; if they are replacing that, they need another waiver. \X'e need an updated plan documenting the changes to the deck within the 25'buffer. Golding— He's concerned this is a way to get around our regulations; currently this is an open deck being covered;he's opposed to chiseling at our wetlands with what is essentially new construction. Williams—Thinks it would be helpful for this to be added to the viewing list. Beale—The old plans call it a deck and the new plans call it a porch;asked how much will be covered. Bracken—The roof is an extension of the main mass of the house;we're covering about 801, of the deck. Golding—West elevation,it looks to him like the roof is covering the entire porch; he can see them coming back in a couple of years asking to enclose it causing an end-run around our regulations. He's opposed to tie•,:. construction within our 25'-50'zone. Erisman—_Agrees this sort of in-filling is concerning and speaks more to new construction as well as increasing habitable space within the 25.We're looking at a small beach cottage being expanded into a fairly large structure. Turcotte—_Agree about the covered porch in the no-build zone.Asked the n-pe of septic system and if the 2'- floor bathroom requires an expansion. Bracken—It's an I/_A system with no increase in bedrooms.Asked for a 2-week continuance. Staff He'll add this to the site Ndsit list. 'Motion Continued to September 23rd. Roll-call Vote N/A B. Amended Order of Conditions 1. Sweet Meadow Sylvia Lane—74 West Chester Street(41-478) SE48-3379 Sit ting Erisman, Golding,LaFleur,Engelbourg,Phillips,Beale,Williams Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Paul Santos,Nantucket Sun-eyors Public None Discussion (5:33) Santos — This is to eliminate one stone patio and consolidate with the other and validate placement of a landscape wall at the edge of the patio;modify the garage to become a dwelling, and the screen porch will be enclosed. Engelbourg — He has concerns about the new structural elements being proposed within the 51-c` no-build zone: landscape wall,planting beds, firepit, enclosed area of the porch,new entry way on the garage They are individually small but added together become significant.Asked for clarification on the planting beds and firepit. He understands the wall demarcates the patio from lawn,but he'd prefer non-structural demarcation. Santos—They have started work on the wall without a permit. Erisman — She's concerned because they seem to be pushing the limits with the wetlands. They know they need permits for work on this site. Golding— It looks like the west and the screened-in portion of the porch are both in the no-build zone. He brought this up for 14 D Street and thinks it should be left as is. This will be fully weather proofed and is new construction. We should hold to the 50'no-build zone. Santos—Pointed out that this porch is already enclosed; there is no expansion. Both as a screened porch and enclosed in,it is a structure. Williams—Cited that a screened-in porch counts as a structure for zoning purposes. ConCom Minutes for September 9,2021,adopted Sept. 23 Phillips—There's some missing of a point. Yes, this is already enclosed;however, the point is there will be a new kind of enclosure built within the 50;it's still new construction in a no-build zone.Agrees with Mr.Golding. Engelbourg—Our regulations talk about habitable space "space for living,eating,or cooking." This question needs to be addressed in the future by better defining open and screened porches. Santos—Asked for a 2-week continuance. Staff None Motion Continued to September 23rd. Roll-call Vote N/A 2. Scannell—119R Eel Point Road(33-17.1) SE48-3378 Sitting Erisman,Golding,LaFleur,Phillips,Beale,Williams Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Paul Santos,Nantucket Surveyors Public R.J.Turcotte,Nantucket Land Council,Inc. Discussion(5:55) Santos—This is to relocate the pool house outside ConCom jurisdiction and remove brush for expansion of the lawn into 50'buffer. Footpaths between the 25' and 50'buffer are being allowed to revegetate naturally. A second component is to reconstruct wooden beach stairs to access the beach. Golding—He'd like to see a cross section of the replacement steps and a site visit.The idea of building a 10X24 platform within the 25'buffer is a significant disturbance. Erisman—the platform is more like a desk;should be no more than 3'long. Phillips—Asked if the brush in the photo would be removed and if doing that could impact the stability of the bank. Santos—The lawn is at elevation 24 with the top of bank around elevation 30. Beale—He agrees with Ms.Phillips about the platform. Golding — It looks like a miniature Versailles on Eel Point Road; he'd prefer minimal disturbance. The aluminum stairs are very unobtrusive and the proposed is not. Beale—Agrees with I\fr. Golding.The 1"part of the steps is on a gentle slope and the platform on a flat area. This would be good to visit. Erisman—We are moving more toward aluminum stairs which can be moved in the event of a change in the bank. Turcotte—Agree about the deck and stairs.Aluminum stairs are removable in a storm event. Santos—Asked for a 2-week continuance. Staff He's schedule the site visit for Monday the 20th. Motion Continued to September 23ra. Roll-call Vote N/A III. PUBLIC MEETING C. Requests for Determination of Applicability 1. Catino—11 D Street(60.2.1-17) Sitting Erisman,Golding,LaFleur,Engelbourg,Phillips,Beale,Williams Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Don Bracken,Bracken Engineering Discussion(6:09) Bracken—North of this is a lot with the top of a coastal bank;that 100'buffer extends into this property about 14'.The only work within that buffer is to remove a garage.A new septic to be located outside the 100'buffer. Staff Recommend Negative 3 allowing work in buffer zone Motion Motion to Issue as Neg ative3. (made by:Beale) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,Phillips,and Williams-aye 2. 32 Hulbert Trust—32 Hulbert Ave. (29-72) Sitting Erisman,Golding,LaFleur,Engelbourg,Phillips,Beale,Williams Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Art Gasbarro,Nantucket Engineering&Survey Discussion(6:12) Gasbarro—This is to confirm the resource area as land subject to coastal storm flowage to allow some brush cutting for access into the property. Engelbourg—Asked to add the condition that vegetation with DBH of 4" or more be left. Golding—He had the same request. Staff Recomm Negative 2 work within area subject to protection under The Act and Positive 2 to confirm resource areas. Motion Motion to Issue as a Negative 2 and Positive 2 and with the condition to leave growth with a base of 4"or greater. (made by:Engelbourg) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,Phillips,and Williams-aye ConCom Minutes for September 9,2,±2l. ado,.-ca D. Minor Modifications 1. 5 Sherburne Way,LLC—5 Sherburne Way (30-38) SE48-3363 Sitting Erisman,Golding,LaFleur,Engelbourg,Phillips,Beale,William I)ocumcntation Site and topographical plans,photos,requisite departmental reporr and correspondence. Representative Art Gasbarro,Nantucket Engineering&Survey Discussion (6:15) Gasbarro—This modification is for resiting structures farther from the resource areas. Staff Recommend issuing as a Minor Modification. \lotion Motion to Issue the Minor Modification. (made by:Phillips; seconded Roll call Vote Carried unanimously//Beale,Engelbourg,Erisman, Golding,LaFleur,Phillips, anti W i11 ams-a.e 2. 1(PR RGI I,LLC—119 Eel Point Road (33-17.2) SE48-3437 Sitting Erisman,Golding,LaFleur,Phillips,Beale,Williams Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Paul Santos,Nantucket Surveyors Discussion (6:15) Santos—This is to relocate gazebo 10'north and move the pool outside ConCom jurisdiction. Staff Recommend issue as a Minor Modification. Motion Motion to Issue the Minor Modification. (made by: Golding) (seconded Roll call Vote Carried 6-0//Beale,Erisman,Golding,LaFleur,Phillips,and illiams-aye- Engelbourg recused 3. Nantucket Islands Land Bank—174 Orange Street&2 Milestone Road (55-64&65) SE48-3388 Sitting Erisman,Golding,LaFleur,Engelbourg,Phillips,Beale Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Rachael Freeman, Discussion (621) Freeman — This to request planting native species to help screen areas within the 190' buffer. Explained rationale behind choices for plants. Engelbourg—There are a couple of cultivars listed;asked that those be replaced with native species. Erisman—Shares Mr. Engelbourg's opinion. Staff Recommend issue as a Minor Modification. \lotion Motion to Issue the Minor Modification. (made by:LaFleur) (seconded, Roll-call Vote Carried 6-0//Beale,Engelbourg,Erisman,Golding,LaFleur,Phillips-aye Williams recused E. Certificates of Compliance 1. Brown&Little—9 North Avenue (42.4.4-58) SE48-3234 Sitting Erisman,Golding,LaFleur,Engelbourg,Phillips,Beale,Williams Staff The work is done in compliance,carry for Condition 20 prohibiting fertilizer within the 25'buffer. Discussion (6:25) None Motion Motion to Issue with on-going Condition 20. (made by:Williams) 'seconded Roll-call Vote Carried 6-0//Beale,Erisman, Golding,LaFleur,Phillips,and Williams-aye Engelbourg recused 2. Rothbard—3 Brooks Farm Road (41-222.1) SE48-3238 Sitting Erisman,Golding,LaFleur,Engelbourg,Phillips,Beale,Williams Staff The site is in compliance and the wetland restoration is healthy. Discussion (6:3o) None Motion Motion to Issue. (made by:Williams) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur.Phillips,and Williams-aye e F. Orders of Condition I. Johnson—34 Easton Street (42.1.4-18) SE48-3469 Sitting Erisman, Golding,LaFleur,Engelbourg,Phillips,Beale,Williams Documentation Draft Order of Conditions. Staff Conditions will require a siltation boom and recommendations from Marine Fisheries. Will add Cond 21 requiring proper disposal of material. Discussion (6:31) Engelbourg—Wants a condition added requiring the removed material is properly disposed of offsite. \lotion Motion to Approve as amended. (made by: Goldin seconded'. Roll-call Vote Carried unarnously//Beale,Engelbourg,Erisman,Golding,LaFleur,Phillips,and Williams-aye G. Extension of Orders 1. Lamps—15 :Aurora Way (56-447) SE48-2993 Sitting Erisman,Golding,LaFleur,Engelbourg,Phillips,Beale,Williams Staff Asking for 2 years. Discussion (6:33) None Motion Motion to Issue the 2-year extensions. (made by:Williams) (seconded) Roll call V'ote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,Phillips, and Williams-aye ConCom Minutes for September 9,2021,adopted Sept. 23 H. Other Business 1. Approval of Minutes 8/26/2021 and 9/2/2021: Golding—9/2 page 3 top: "February 4,2020 DEP report" should be "DEP appeal". Motion Motion to Approve 8/26 as drafted and 9/2 as amended. (made by:Williams) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,Phillips,and Williams-aye 2. Monitoring Reports-None 3. Reports: a. None 4. Commissioners Comment a.Erisman—An amended letter to go to the Select Board has been circulated. Carlson—Need a motion to send it. Golding—The revised version is very good. Motion Motion to forward the revised letter to the Select Board. (made by: Golding) (seconded) Roll-call Vote Carried 6-1//Beale,Engelbourg,Erisman,Golding,LaFleur,Phillips-aye;Williams-nay 5. Administrator/Staff Reports a.The version of regulations Ms. Dodd had saved on her machine became damaged when migrating to another location. We are almost done with rebuilding those. Golding—Asked if the notes made at meetings can be highlighted,such as Mr.Engelbourg made today regarding porches. Carlson — Much of that comes down to how we define structures. We've previously talked about what is and is not structural. Engelbourg—Likes the idea of moving forward with improving defuutions. b.10 Bassett Road, Art Gasbarro is representinge work done as shownn talk otos about Potcant Ourdeviation recommendationlisat for issue anwork within buffers to resource areas. Explained enforcement with a Cease and Desist on the wall. Where the driveway comes in, some silt has been placed outside the driveway layout and that needs to be addressed. Gasbarro-This just recently came to osrnake modifications to remtention;the owner is ove or charned nge.Thetl committed to designers are uoorking will come in with an amended order on plans to step walls back.He will be doing a survey to determine the scope of deviant work. Williams—The Building Commissioner asked her about this wall; he is committed to stopping the work, which is not permitted.There is a tremendous amount of grade change within the 50'buffer. Carlson—The debris piles are on the interior side of the wall;the silt fence is in need of repair. Erisman—We need to focus on the Wetland Reguluo cement wall would be nice to get the landscape company in her to explain how they went from the 30"timber wall Golding—This seems absolutely deliberate.Asked what fine we can add to this. Carlson-$50 per day per violation.We first need to get the scope of violations from.Nlr. Gasbarro. Williams—Agrees about having a conversation with Atlantic Landscaping Inc. ants to rmally Carlson —Wants tos figureo out what fines we can levy.orders:one tote properrtyoowner and one to the laest Atlantic ndscape coe at the empaneey wit a Cease Carlson—We'll issue to enforcement and Desist. If work was done on or impacted another property,that is a trespass issue outside our purview. tion in n update. Carlson a list they of other have p l ;this contractor is working y the next oboe d hold permits he can provide;we will be doing site Carlson—Putting a list together projects inspections to ensure compliance. Motion Motion to Issue the Enforcement Orders: one to the property owner and one to the contractor. 'made by:Engelbourg) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,Phillips,and Williams-aye I. Adjournment Motion Motion to Adjourn at 7:02 p.m. (made by:Engelbourg) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,Phillips,and Williams-aye Submitted by: Terry L.Norton