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Home My WebLink AboutSeptember 9, 2021 ConCom Minutes for September 9,2021,adopted Sept. 23 CONSERVATION COMMISSION AN uci � PUBLIC MEETING TOWN C L E r TUCK f_ � '1 0- 131 Pleasant Street S' • Nantucket,Massachusetts 02554 4 .j€1 ww.nantucket-ma.gov 2021 SEP Z AM 9: 3 9�RA/` yy'Thursday,September 9,2021 —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, 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 PUBLIC MEETING A. Announcements B. Public Comment—None II. 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:u1) 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 dine of year restriction related to winter flounder is all he's seen.Work will 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 activities that took place on the wooden retaining wall bordering Hummock Pond; the wall dates back to late the 1970s. Following removal of phragmites, the wall received damage, so the owner performed maintenance activities unaware it would require a NOI. The work included some extension of the wall. Engelbourg— Feels this doesn't fit the definition of maintenance with the extension and reconfiguration of the wall.Also,the photos show a variety of debris and cobble being placed within the wall potentially causing 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. Madden—He'll work with the property owner to find old photos of what the wall used to look like and confirm the construction date. We aren't looking to extend to the west at this time. If erosion occurs to the west, 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 Golding-An aerial photo shows a modern house to the east that's at least -Y the size of this with a },a:_:;-,,.: along the whole property line with a jetty. 'This is yen modest in comparison to that. Phillips—\&7iat struck her was that the removal of the phra2rraes v.-as contributed to the need to extend this wall; she agrees that when the phragmites go away and the stabilit-, of-„hays remaining becomes a concern; however, she's disappointed that when the owner realized conditions are changing, they should have come in. Madden—We have to continue for 2 weeks for Massachusetts Natural Ileritage; urged commissioners to y, out to the site. Staff lie can do a history review on the project to the east. IIe'll schedule a site visit for this. Motion Continued to Sept. 23rd Roll call Vote N/A 7. *Gilbert—16 D Street(60.2.1-2) SE48-3467 Sitting Erisman,Golding,LaFleur,Engelbourg,Phillips,Beale,Williams Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Don Bracken,Bracken Engineering Public R_]. Turcotte,Nantucket Land Council,Inc. Discussion (5:2t) Bracken—This is for structural work to the dwelling within 100' of a coastal bank and saltmarsh.Asking fr,r 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 r,u• 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. We need an updated plan documenting the changes to the deck within the 25'buffer. Golding — Ile'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 80' _ 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 new construction within our 25'-50'zone. Erisman—_Agrees this sort of in-filling is concerning and speaks more to new construction as well as increases 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 type of septic system and if the floor bathroom requires an expansion. Bracken—It's an I/A system with no increase in bedrooms.-Asked for a 2-week continuance. Staff I Ie'll add this to the site visit list. Motion Continued to September 23ra. Roll-call Vote N/A B. Amended Order of Conditions 1. Sweet Meadow Sylvia Lane—74 West Chester Street (41-478) SE48-3379 Sitting Erisman,Golding,Lafleur,Engelbourg,Phillips,Beale,Williams Documentation Site and topographical plans,photos,requisite departmental reports and correspondence. Representative Paul Santos,Nantucket Surveyors Public None Discussion (5:38) 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 5( no-1,uid zone: landscape wall,planting beds, firepit, enclosed area of the porch, new entn-way on the garage. They are individually small but added together become significant.Asked for clarification on the planting beds and firepit. Ile 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 kno-a- 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 he 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 10Y24 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 Mr. Golding.The 1`t 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 23rd. 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 9,2021.adopted .-2ctr. D. Minot Modifications 1. 5 Sherburne Way,LLC—5 Sherburne Way (30-38) SE48-3363 Sitting Erisman, Golding,LaFleur,Engelbourg,Phillips,Beale,Williams 1ocumentation Site and topographical plans,photos,requisite departmental reports 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. Motion Motion to Issue the Minor Modification. (made by: Phillips) ps) 'seconded Roll call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur.Phillips,and Williams-aye e 2. 1(PR RGII,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 (6:18) Santos—'Phis 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 Williams-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 (6:21) Freeman — 'Phis to request planting native species to help screen areas within the 100' buffer. 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. Motion 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,earn-for Condition 20 prohibiting fertilizer within the 25' buffer. Discussion (628) 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 (6:3u) None Motion Motion to Issue. (made by:Williams) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur, Phillips, and Williams-aye 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 Manne Fisheries. Will add Conti 21 requiring proper disposal of material. Discussion (6:31) Engelbourg—Wants a condition added requiring the removed material is properly disposed of offsite. Motion Motion to Approve as amended. (made by: Golding) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur,Phillips. and Williams-aye G. Extension of Orders 1. Lampe—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 Vote Carried unanimously//Beale,Engelbourg,Erisman, Golding,LaFleur,Phillips, and Williams-aye ConCom Minutes for September 9,2021,adopted Sept. 23 Other Business 1. Approval of Minutes 8/26/2021 and 9/2/2021: "February-4,2020 DEP report" should be "DEP appeal". Golding—9/2 page 3 top: �' Williams) (seconded) Motion Motion to Approve 8/26 as drafted ndE/2 as man,rGonding,LtaFl�eub��Phillips,and Williams-aye Roll-call Vote Carried unanimously//Beale,Engelbourg, 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. (seconded) Motion Motion to forward thd Erism tter ntGoldmghe Select BFleu,Plullipb`aye;Williams-nay) Roll-call Vote Carried 6-1//Beale,Engelbourg, migrating to another location. 5. Administrator/Staff Reports a.The version of regulations Ms.Dodd had saved on her machine became damaged when migr g regarding porches. We are almost done with rebuilding those. Golding—Asked if the notes made at meetings can bd finelsgrnntu sted,ructures. We've previously a made today what and is not Carlson — Much of that comes down to how w structural. Engelbourg—Likes the idea of moving forward with improving definitions. b.10 Bassett Road, Art Gasbarro is representing the applicant to shown in photos. Our recommendation is to issue an to talk about significant deviation for the plan for work within buffers to resource areas. Explained the work done enforcement with a Cease and Desist on the wall.Where the driveway comes in, some silt has been placed outside driveway layout and that needs to be addressed. to remove or change.The landscape designers are working Gas barro \barro-This just recently came to his attention;the owner is concerned and committed to rectifying the situation. e will come in with an amended order to make modificationswork. on plans to step walls back.He will be doing g asked survherey tobou dthis eter�e th heeisccope of dteviantstopping the work, which is not Williams—'The Building Commissioner Carlson There is i tremendous i eon the interior t of grade de of thewall;e tthe silt fence is in need of repair. Carlson—The debris p Erism an—We need to focus on the Wetland Regulations.It would be nice to get the landscape company in her to explain how they went from the 30" timber wall to a 6'cement wall. Golding—This seems absolutely deliberate.Asked what fine we can add to this. Carlson-$50 per day per violation.We first tineed to g t the scopeLan ofocapmg Inc.violations from Mh. Gasbarro. on Williams—,,grewfigure about havingua whatc fine one to the property owner and one to the landscape company u-ith a Cease Phillips—Wants to figure out fines we can levy.Wants �JP is to formally request Atlantic be at the next meeun rders: andg. Desist.I f issue kto enforcement pact but he can provide an update. siteg and If work was done on or impacted another property, next meetin trespass issue outside our purview. Gasbarro Putting a think they can have an — a list together of other projects this contractor is working on and hold permits;��e will bet rm made Carlson inspections to ensure compliance. owner and one to the contractor.Motion Motion to Issue the Enforcement Orders: one to the property by:Engelbourg) (seconded) Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding,LaFleur Phillips,and Williams-aye I. Adjournment by:Engelbourg) (seconded) Motion Motion to Adjourn at 7:02 p.m. (made LaFleur,Phillips,and Williams-aye Roll-call Vote Carried unanimously//Beale,Engelbourg,Erisman,Golding, Submitted by: Terry L.Norton