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HomeMy WebLinkAbout2015-7-8Minutes for July 8, 2015, adopted July 22 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov Wednesday, July 8, 2015 4:00 P.M. 4 Fairgrounds Road, Training Room Commissioners: Ernie Steinauer (Chair), Andrew Bennett, Ashley Erisman, David LaFleur, Ben Champoux, Ian Goulding, Joe Topham Called to order at 4:02 p.m. ' Staff in attendance: Jeff Carlson, Natural Resources Coordinator Attending Members: Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Absent Members: Bennett Late Arrivals: None Earlier Departure: None Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Public Comment — Staff — At 5:30, July 9, Board of Health is sponsoring a presentation at 4 Fairgrounds Road presented by George Heufelder, Director of Barnstable County Health Department, on Innovative /Alternative septic systems and their function and design related to some possible amendments to the Harbor Watershed District. II. PUBLIC HEARING A. Notice of Intent 1. SBPF- Baxter Road Area (multiple) SE48 -2581 Revetment project) (Cont 08/05/15) 2. APG/ DRS Realty Trust — 80 & 84 Wauwinet Road (11 -89.2, 28) SE48 -2749 Sitting Steinauer, Erisman, LaFleur, Champoux Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — asked for a cont until commissioner Bennett comes back Public None Discussion (4:06) None Staff None Motion Continued to July 22, 2015 without objection Vote N/A 3. Four Saratoga, LLC — 14 Tennessee Avenue (60.1.2 -6) SE48 -2773 (Cont 08/19/15) 4. The Great Harbor Yacht Club — 96 Washington Street Ext (55.1.4 -08) SE48 -2774 (Cont 07/22/15) Page 1 of 11 Minutes for July 8 2015 adopted July 22 5. 48 SPR LLC- 48 Shimmo Pond Road (43 -79) SE48 -2789 Sitting Steinauer, Erisman, LaFleur, Champoux Recused None Documentation Supporting documents and plans. Representative Varoujan Hagopian, GEI Consultants, Inc. — Presented the project. Have identified top and tow of bank, coastal beach, high & low tide lines. The lot has seen much erosion and is no longer buildable. Intent upon stabilizing the embankment using fiber rolls and vegetation. Since Jan /Feb, estimate a loss of 2 more feet. It is flanked by hard structures; bulkhead and bulkhead /rip rap. Reviewed erosion damage. Propose 5 fiber rolls filled with a mix anchored by posts at 4 -5 foot intervals and protected with jute netting then proceed with planting. Proposing a maintenance program to ensure mitigation and planting take full effect. To minimize impact on the site, access will be from an existing right of way on the left side of the property but it is heavily vegetated; talking with the neighbor to the south who has a gravel pathway about using it for access. The tube mix will be indigenous to the island. It is important to note this is stabilization not reclamation. Will investigate the site after every significant storm. If a storm damages the structure, he will notify ConCom and receive consultation prior to repair work. Hope to start const in mid fall. Seth Wilkinson, Wilkinson Ecological Design — The plant community will provide the long -term stability. Will vegetate the upper fiber rolls before construction so that there are plants at time of construction. After a couple of years, the higher density rolls will be colonized by vegetation. Ultra - violet causes the most degradation to fiber rolls, so they will be covered. Also proposing to vegetate the upper portions of the bank and will follow state recommendations. Will minimize the use of equipment. The anchors will be duckbill anchors. Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. — Has been talking with the abutters representative about the access over the Walsh property. Public Emily MacKinnon, Nantucket Land Council — Saw that mean high water was indicated on profiles but not on the overall plan; it should be on the plan. Was curious how the stabilization structure will terminate where it abuts to the hard structures. As far as regulatory concerns, the saltmarsh is a resource area that should be included here. Whether or not this is a coastal engineering structure, suggested looking back to the similar structure and how that determination was made. There have been permits issued for vacant lots but those were fences with plants. fun Discussion (4:07) Erisman — Asked if the area has been calculated to ensure the 6 is adequate. The bank coons as a sediment source and wants to know the proper amount of sand is getting into the system. Hagopian — Once the stabilization is in place, the erosion will decrease. Steinauer — Normally we require mitigation sand in front of the structure at a volume that mimics the bank. Hagopian — Computed between 7 and 9 inches a year of sand. There was no evidence of wind -blown sand. Geological studies indicate this is a very old, established coastal bank. Steinauer — There is concern about the salt marshes grain sizes in the bank. Hagopian — It is part of their proposal to mimic that source exactly. Steinauer — We've never seen this type of fiber roll; they sound solid but must have sand in them if you are planning to grow plants in them. Asked how that works. Wilkinson — The plants tolerate growing in them and are completely coconut fiber; cited other locations that use these rolls and how they worked through the winter storms. Champoux — Reviewed the sequence and asked if they will be uncovered through the winter. Wilkinson — The will be covered immediately with 4 inches at the top and 6 or more inches at the bottom. Erisman — Asked if the blankets are also coconut fiber. Wilkinson — Explained the purpose of the coconut blankets and how they are laid out and anchored. Goulding — Asked how machinery will be kept out of the tidal zone. Wilkinson — Explained they would work landward when necessary. Hagopian — Noted that the salt marsh will be fenced to keep equipment clear. Erisman — Wants more information on grain size analysis and distribution. This system doesn't seem like it will dissipate sand during a storm as the coir bags do. Hagopian — These hold sand better on the surface than other fiber tubes and provide more stability. The sand will remain unless there is an aeolian process. There will be on site discussion with limits demarcated. Wilkinson — The area has seen an increase in storm activity so a larger volumes of sand are leaving this bank. This has proved to release periodic amounts of sand. Hagopian — He doesn't think there is an intent to build on this property; it is to be used for access between the structure on a landward lot and the beach and to stabilize the bank. Steinauer — Haven't see a lot of the plants used in coastal situations; asked if they will hold up. Wilkinson — They will; he is happy to remove the big blue stem. Most of these species are found in healthy coastal banks. Erisman — Asked about how much compost will be added; normally that isn't acceptable within the harbor water shed. Wilkinson — About 2 ounces of compost amount at initial application around the plug at the nursery. Page 2of11 Staff Motion Vote Minutes for July 8 2015 adopted July 22 Goulding — Clarified that the plugs are pre -set into the fiber. Wilkinson — On the lower density roll, the plugs are grown separately and at his nursery the plugs are put in and allowed to establish themselves; then the rolls are brought to the site and anchored in place and covered. They are at a density of 12 inches. Erisman — asked about the anchor posts. Feels those will act as a hard surface. Hagopian — The anchor posts are 6X6 natural wood. They are very small and 90% is in the ground. Steinauer — There is no structure on this lot; so does assemblage of material make it a coastal engineering structure which is only allowable for pre -1978. Dale — There is a pre- 1978 structure on the back lot. In his opinion, this doesn't constitute a coastal engineering structure; this is a soft solution. Hagopian — Talked to Massachusetts Department of Environmental Protection (DEP) experts who felt this was not a coastal engineering structure. Goulding — The mean high water is noted at 12. Hagopian — Mean high water is at 22; they will identify it on the plans. At the end, the plants are important; there is a small gap on the left side where the rolls will be tucked into the abutters structures. On the other side, there will be a gap between the property and the bulkhead; will have to tuck the roll into the embankment. Dale — asked for a continuance to July 22 Have seen these rolls before further up the beach; those are smaller but determined they were not a coastal engineering structure. Continued to July 22 without objection N/1 42 Union Street LLC- 13 Fayette Street (42.3.2 -28.1) SE48 -2792 Sitting Steinauer, Erisman, LaFleur, Champoux, Topham Recused Documentation Representative Public Goulding Supporting documents and plans. Don Bracken, Bracken Engineering, Inc. — Recapped the project. Tested the ground water level; the area is saturated. The flood plain requires everything to be above grade so there won't be permanent dewatering. The runoff and peak flow will decrease with this project. Propose to raise the grade 6 inches in an effort to reduce the runoff and allow 12 inches between grade and groundwater providing more area for absorption. None Discussion (5:00) Erisman — Asked if there was thought of installing rain gardens and water absorption plants. Bracken — Suggested that to the landscape designer. Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried 5 -0 7. Union Street Partners II, LLC- 42A Union Street (42.3.2 -28.3) SE48 -2793 Sitting Steinauer, Erisman, LaFleur, Champoux, Topham Recused Goulding Documentation Supporting documents and plans. Representative Don Bracken, Bracken Engineering, Inc. — With the landscape design plan, a brick paved area has been added. The union street opening will be closed off. There will be a reduction in the impervious area. Hydrology report specifies runoff reduction. Public None Discussion (5:07) Erisman — Same question about the plantings. Staff Have everything needed to close. ,\lotion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote 8. Sitting Recused Carried 5 -0 *42 Union St LLC — 11 Fayette Street (42.3.2 -28.2) SE48- 2799 Steinauer, Erisman, LaFleur, Champoux, Topham Documentation Representative Public Goulding Supporting documents and plans. Don Bracken, Bracken Engineering, Inc. — Same situation. Will be increase the impervious area by 10 feet; the overall area including the other two sites will result in a decrease. There is no issue with dewatering during construction. Found some organic soils in the middle. Will have a geo- technical report done. None Discussion (5:09) Nothing additional to the previous 42 Union Street lots. Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried 5 -0 Page 3 of 11 Minutes for July 8 2015 adopted July 22 9. White - 47A West Chester Street (41- 227.1) SE48 -2790 Sitting Steinauer, Erisman, LaFleur, Champoux Recused None Documentation Supporting documents and plans. Representative Brian Madden, LEC Environmental — Reviewed the project. Easterly area was reduced to 480 square feet (SF); eliminated the garage; the shed will be located outside the 50 -foot buffer; deck expansion replaced with a pervious patio. Review proposed mitigation methods: added a storm deck chamber; relocate the existing pervious driveway outside the 25 -foot buffer; and increase the buffer zone enhancement area to 1,910 SF. Isolated the westerly drive bump out area which has been separated out and included in the mitigation. The foundation will be a small crawl space. Will meet the 3:1 mitigation ratio. Expanded the plant list. Proposing to revegetate a wetland surrounded by lawn area; reviewed the planting list. Planting areas will be monitored for 2 growing seasons. Public Sarah Alger, Sarah F. Alger P.C., for 47 West Chester Street — Submitted at the table aerial photos showing the expansion of the areas intruding into the wetlands. The applicant should bring the site into compliance before asking for more. The buffer is in an area subject to an easement for her client and doesn't believe the applicant can encumber that. The pervious parking area is also in her client's easement area. The driveway surface has also changed significantly. Emily MacKinnon, Nantucket Land Council — It was discussed that the pool and addition would maintain a 2 -foot separation from ground water; but hasn't seen that in this proposal. This is a constrained lot and was purchased as such; it is important for the commission to be careful about the restoration /revegetation type of mitigation weighted against the structures. Discussion (5:12) Erisman — Her concern is the proposed plantings; would like to see more diversity to reflect what a real wetland buffer zone would look like. Madden — Noted that the proposed pool area doesn't have a fence around it yet. Steinauer — There is still a lot of structures in the buffer zone. Madden — Reviewed a 1998 aerial that shows no expansion of lawn area; this proposal mimics the existing conditions. Erisman — She has issues with the lower cottage with extra parking. Steinauer — The swimming pool is going in the one buildable spot; maybe should do without the pool and put the cottage there. Brian — asked for a continuance. Staff This project requires a significant amount of waivers: net benefit request for mitigation work and no adverse impact /no reasonable alternative. Whether or not there are reasonable alternatives is part of the board's analysis Motion Continued to July 22, 2015 without objection Vote N/A 10. Town Of Nantucket —15 Harbor View Way (42- 4.2.9) SE48 -2795 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Recused None Documentation Supporting documents and plans. Representative Kara Buzanosld, Director Department of Public Works — Renovation of children's beach concession to add bathroom facilities. Going up to 800SF. Would like to rotate the building with an addition of decking. Structure is on piers. This is within land subject to coastal storm flowage. Larry Kester, Town Facilities Manager Public Emily MacKinnon, Nantucket Land Council — Asked to have identified in the Order of Conditions that it is in the buffer for the coastal resource areas. Discussion (5:35) Steinauer — Asked if there will be temporary dewater for footing. Buzanosid — Don't expect to see a need for that as it is on pilings. Goulding — Asked how it will hooked up to utilities. Buzanosld — There are existing connections. Staff This was not open so everyone may sit. Also within the buffer to the coastal bank bulkhead and coastal beach about 20 feet away. Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 11. Town Of Nantucket — 34 Washington Street (42- 2.3.2) SE48 -2798 (Cont 07/22/15) Page 4of11 Minutes for July 8 2015 adopted July 22 12. *Kimball- Sherburne, LLC — 9 Kimball Avenue (30 -31) SE48 -2802 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Resource area is the bluff /bank along the east -west section of the property. From the top of the bank, there is an existing lawn area, within the 25 -foot area is a deck, within the 50 -foot area has a shed. The 100 foot setback is along the front of the existing dwelling. Proposal is to demolish the existing and construct in the same plateau and elevation as the existing. Once completed, the project will show the area of structures within the 25 that will be removed total 135 SF of structure. Asked for waivers under no adverse impact /no reasonable alternative for part of the structure being in the 50- foot and net benefit for removal of structures in the buffer. There are no Massachusetts Endangered Species Act (MESA) issues within the work area. Public Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C., Sacerdotes at 18 & 19 Kimball Avenue — Thev have concerns and notification arrived only recently; he hasn't had time to review the plans. Asked for a continuance. He objects to the application and contests the waivers until he has had time to review it. Emily MacKinnon, Nantucket Land Council — Reminded the commission about Performance Standards 2.05.13.8 of construction within 100 feet of the top of a coastal bank. Discussion (5:40) Steinauer — Would be concerned about heavy equipment in proximity of the bank. Santos — The excavation component is in the area of the 50 -foot buffer. There will be a full foundation and ground water is not an area. Goulding — A new house is being proposed and the board is being asked for waiver; here is an alternative in putting the new house outside the 50 -foot buffer. Santos — Want to maintain the plateau within the developed portion of the site. Moving it forward creates issues with the way the grade drops off. Noted this is a non - eroding vegetated bluff and the footprint is in a previously developed area. Erisman — Clarified that it is now lawn up to the edge of the bluff. Staff The habitat for piping plovers is not within the area of work. Motion Continued to July 22, 2015 without objection Vote N/A Page 5 of 11 Minutes for July 8 2015 adopted July 22 14. *56 Walsh Realty Trust — 56 Walsh Street (29 -98) SE48 -2806 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Recused None Documentation Supporting documents and plans. Representative Don Bracken, Bracken Engineering, Inc. — Asking for approval of work done without a permit; applicant didn't realize he was in a resource are. Resource area is land subject to coastal storm flowage. There is a reduction in the overall square footage. Public None Discussion (6:00) Erisman — Asked what the total reduction would be. Bracken — That was not calculated. All work is compliant to construction codes. Could put in a trench drain for runoff. Champoux — Asked if the addition of the patios and porches would affect the resource area. Staff This is a flood zone and performance standards are different from rain. Reviewed standards for land subject to coastal storm flowage. The drip trench can be conditioned. Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 15. *Anathan Family Limited Partnership- 68 & 72 Monomoy Road (43 -149 & 115) SE48 -2803 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Redevelopment of two existing residential 16. *Nantucket Islands Land Bank- 22 Cathcart Road (43 -68) SE48 - Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Recused Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Within land subject to coastal storm flowage, bordering vegetated wetlands, and partially within the base of a coastal bank that is highly vegetated and doesn't serve sediment. Asking to expand the sand parking area for beach access. Asked for a waiver on basis on no reasonable alternative. Remove vegetation, stumps and topsoil, minor grading to smooth out. Will note the limit of work with flags. Proposing a fiber roll for sediment control for the bordering vegetated wetlands area. Page 6 of 11 properties. Resource areas were previously approved for a Request for Determination of Applicability (RDA) submitted 6 weeks ago: Coastal beach, Coastal dune, land subject to coastal storm flowage, coastal bank top and bottom. Located the existing structures. Remove /renovate both structures; bring the lower lot structure (72 Monomoy) into compliance with flood zone regulations. All new structures are outside the 50 -foot buffer. 68 Monomoy has deck and porch within the 50 -foot buffer; that will be reduced to just 75 SF attributable to a set of stairs for access to the lower portion of the property with a net reduction of 71SF w /in the buffer zone; reviewed other reductions within the buffers. There is a large paved driveway; pavement will be removed from the lower area. Under the regulations, the paved driveway is a structure much of which will be removed. A walking path will be cut through vegetation from the edge of the lawn to the set of stairs. Requested a waiver on the basis of long -term net benefit. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — They are anticipating that and the Order of Conditions would note that they must come back for an amended order should the height of the structures change. Public Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C., for the Grotes of 16 Cathcart Road — There are no elevations for structures; his clients would like clarification about if the applicant wants particular houses with particular heights that they must come back for an amended order of conditions. Discussion (6:10) Steinauer — Asked if the boardwalks are sitting on the sand. (Yes) Erisman — Since there is cutting through vegetation along a coastal bank, asked if there will be a requirement to revegetate somewhere else. Erisman — Asked about the pool fence. Gasbarro — Could be conditioned to be no closer than 25 feet. Staff They are looking for a waiver to cut through the top of the coastal bank vegetation. No revegetation is proposed. Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Erisman) Vote Carried unanimously 16. *Nantucket Islands Land Bank- 22 Cathcart Road (43 -68) SE48 - Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Recused Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Within land subject to coastal storm flowage, bordering vegetated wetlands, and partially within the base of a coastal bank that is highly vegetated and doesn't serve sediment. Asking to expand the sand parking area for beach access. Asked for a waiver on basis on no reasonable alternative. Remove vegetation, stumps and topsoil, minor grading to smooth out. Will note the limit of work with flags. Proposing a fiber roll for sediment control for the bordering vegetated wetlands area. Page 6 of 11 i\/Iinutes for July 8 2015 adopted July 22 Public Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C., the Geschkes at 78 Monomoy Road — His Representative clients support the parking lot with the express condition that the vehicle park "here" on the Nantucket Islands Land Bank property. Presently they park on the wetland area. The Town Regulation Ch56 55A states vehicles can't be on that beach. Asked for a condition enforcing no parking on the beach. He will bring this up with the Police and the Land Bank. In response to Mr. Glowacki, stated this is a municipal matter in regards to public land. Mike Glowaeki — Suggested the board deal with the matter before them and not become involved in a Public private concern of a neighbor. Discussion (6:23) Goulding — This board is not an enforcement agent; though he does share the Geschke's concerns. Art asked for cont to July 22. Staff That is not a marked emergency access point. Doesn't know how to put the no parking into the order with the correct language. Motion Continued to July 22, 2015 without objection Vote N/A *Daisy Field Trust— 78 Madaket Road Lot 1 (41- 462.6) SE48 -2804 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Recused None Documentation Supporting documents and plans. Representative Dan Malloy, Site Design Engineering — These two are identical; two lots have already been permitted. Resource area is a bordering vegetated wetland previously approved under and RDA with work within the 100 -foot buffer. Only work within 50 feet is grading. Just finishing MESA review which set a limit line in terms of preservation. The 25 -foot buffer will not be altered, at most mowed as it is now. Asking for approval for a pool, a second dwelling, and grading. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Public None Discussion (6:37) Erisman — This is a meadow now; asked if when it transitions to a lawn would be fertilized. Malloy — This will be lawn with no fertilizer; everything that is meadow will be maintained. The MESA permit requires it be mowed once or twice a year. Erisman — Asked what would be done about roof runoff. Malloy — Nothing is shown on the plans but there will be roof drains; a drainage system can be incorporated. Staff The MESA line was set to take into account the 50% to provide enough area not to hit it. Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 17. *Daisy Field Trust — 78 Madkket Road Lot 3 (41- 462.6) SE48 -2805 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Recused None Documentation Supporting documents and plans. Representative Dan Malloy, Site Design Engineering — — The same project on a different lot with same wetland resource areas. No waivers requested. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Public None Discussion (6:43) Similar concerns as for Lot 1 Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Erisman) Vote Carried unanimously 18. *Elizabeth Von Summer & John J. Moller — 10 Monomoy Creek Road (54 -54.2) SE48 - Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Recused None Documentation Supporting documents and plans. Representative Brian Madden, LEC Environmental — Haven't heard from Massachusetts Natural Heritage. For a new single - family dwelling is outside the 50 -foot buffer to the coastal bank approved under an RDA in 2014. Little expansion into vegetated areas. A portion of the proposed driveway is within the 25 -foot buffer and have asked for a waiver under no adverse impact /no reasonable alternative. Proposing drains to collect rain runoff. Requested a continuance. Public None Discussion (6:45) None Staff None Motion Continued to July 22, 2015 without objection Vote N/A B. Amended Orders of Conditions 1. *Kelley — 78 Union Street /Roadway Mariner Way (55.1.4 -72) SE48 -2740 (Cont 07/22/15) Page 7 of 11 Minutes for July 8 2015 adopted July 22 111. PUBLIC MEETING A. Request for Determination of Applicability 1. *Chase — 31 Pocomo Road (14- 4,5,48,49) Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — No work proposed; strictly to confirm resource area boundaries. There are bordering vegetated wetlands, a coastal bank, and land subject to coastal storm flowage. Public None Discussion (6:49) None Staff These have been checked. Recommend this be issued as a Positive 2A confirming the resource area. Motion Motion to Issue. (made by: Goulding) (seconded by: LaFleur) Vote Carried unanimously B. Minor Modifications 1. *Grove Lane RT — 24 Grove Lane (41 -439) SE48 -2781 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Recused None Documentation Supporting documents and plans. Representative Brian Madden, LEC Environmental — Proposed changes are: garage shifted north, covered breezeway/ mudroom was added connecting the house to the garage, added outdoor shower, additional sewer details, additional geothermal well locations. Don Bracken, Bracken Engineering, Inc. Public None Discussion (6:51) Goulding — Asked if the geo- thermal well is closed. Bracken — It is an open system. Don't believe it will have an impact on the hydrology. Staff Recommend approval as a minor modification. Motion Motion to Approve. (made by: Erisman) (seconded by: LaFleur) Vote Carried unanimously 2. *McCathy Nantucket House, LLC — 12 Coffin Street (42.3.2 -77) SE48 -2759 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Recused None Documentation None Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Tweaking the location of 3 approved structures in a direction away from resource areas. The entire project is within land subject to coastal storm flowage. Also a deck is being proposed as an enclosed porch. Public None Discussion (6:55) None Staff Recommend approval as a minor modification. Motion Motion to Approve. (made by: Erisman) (seconded by: LaFleur) Vote Carried unanimously 3. *Daisy Field TR- 78 Madaket Road Lot 2 (41- 462.6) SE48 -2768 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Recused None Documentation Supporting documents and plans. Representative Dan Malloy, Site Design Engineering — Updating the site plan with a limit of work line closer to the resource area. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Public None Discussion (6:58) None Staff Recommend approval as a minor modification. Motion Motion to Approve. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously Page 8 of 11 Minutes for July 8 2015 adopted July 22 4. *Daisy Field TR — 78 Madkaet Road Lot 4 (41- 462.6) SE48 -2763 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Recused None Documentation Supporting documents and plans. Representative Dan Malloy, Site Design Engineering — Pushing things closer to Madaket Road; everything else is the same. The limit of work line comes close and up to the 25 -foot buffer line. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Public None Discussion (7:00) None Staff Recommend approval as a minor modification. Motion Motion to Approve. (made by: Champoux) (seconded by: Goulding) Vote Carried unanimously 5. UMass Boston — 180 Polpis Rd (26 -1) SE48 -2430 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (7:03) None Staff Read off the list of modifications. Recommend approval as a minor modification. Motion Motion to Approve. (made by: Erisman) (seconded by: LaFleur) Vote Carried unanimously C. Certificates of Compliance 1. Frazier — 33 Jefferson Ave (30 -123) SE48 -2415 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Staff Everything is in compliance with no on -going conditions. Discussion (7:05) None Motion Motion to Issue. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 2. * McGilvray Family Trust- 30 Rhode Island Ave (60.3.1 -152) SE48 -2590 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Staff Met all requirements and installed correctly Operations and maintenance agreement was provided. Recommend this be issued. Discussion (7:06) None Motion Motion to Issue. (made by: Goulding) (seconded by: Topham) Vote Carried unanimously 3. * Childs — 19 Medouie Creek Rd (14 -33) SE48 -1479 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Staff Constructed in compliance. No on -going conditions. Discussion (7:08) None Motion Motion to Issue. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 4. * Mitchell — 11 Medouie Creek Rd (20 -30) SE48 -2222 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Staff Constructed in compliance. Recommend this be issued. Discussion (7:09) None Motion Motion to Issue. (made by: Goulding) (seconded by: LaFleur) Vote Carried unanimously D. Orders of Condition 1. 42 Union Street LLC- 13 Fayette St (42.3.2 -28.1) SE48 -2792 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Staff Flood zone project. Have no conditions. Discussion (7:10) None Motion Motion to Issue as drafted. (made by: Champoux) (seconded by: LaFleur) Vote Carried 5 -0 (Goulding recused) 2. Union Street Partners II, LLC- 42A Union St (42.3.2 -28.3) SE48 -2793 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Staff Same as SE48 -2792 Discussion (7:12) None Motion Motion to Issue as drafted. (made by: Topham) (seconded by: LaFleur) Vote Carried 5 -0 (Goulding recused) Page 9 of 11 Minutes for July 8, 2015, adopted July 22 3. *42 Union St LLC — 11 Fayette St (42.3.2 -28.2) SE48 -2799 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Staff Same as SE48 -2793 and SE48 -2792 Discussion (7:13) None Motion Motion to Issue as drafted. (made by: Champoux) (seconded by: LaFleur) Vote Carried 5 -0 (Goulding recused) 4. Town Of Nantucket — 15 Harbor View Way (42- 4.2.9) SE48 -2795 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Staff Noted the buffer to the coastal beach and coastal bank. No conditions Discussion (7:14) None Motion Motion to Issue as drafted. (made by: Goulding) (seconded by: LaFleur) Vote Carried unanimously 5. Scricco — 155 Polpis Rd (44 -14) SE48 -2800 Sitting Steinauer, Erisman, LaFleur, Champoux Staff This is a non - waiver project. Discussion (7:14) None Motion Motion to Issue as drafted. (made by: LaFleur) (seconded by: Champoux) Vote Carried 4 -0 6. *56 Walsh Realty Trust — 56 Walsh St (29 -98) SE48 -2806 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Staff This is in the flood zone. Noted a typo. Will add Condition 19 requiring installation of a French drain on Representative the perimeter per the discussion in the hearing. Discussion (7:16) Nothing to add. Motion Motion to Issue as amended. (made by: Goulding) (seconded by: Erisman) Vote Carried unanimously 7. *Anathan Family Limited Partnership- 68 & 72Monomoy Road (43 -149 & 115) SE48 -2803 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Staff Condition requiring a photo of what the area looks like before work. Cond 21 that any invasive species, especially knotweed, are found, they come in for fast removal permit. Normal condition for pool being drained outside area of jurisdiction. Condition 22 requires the applicant shall file an amended order with specific building plans prior to construction. Discussion (7:18) Discussion about phragmites removal. Motion Motion to Issue as amended. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 8. *Daisy Field Trust — 78 Madaket Rd Lot 1 (41- 462.6) SE48 -2804 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Staff He will add in Condition 20 that the pool be drained outside the resource area. Discussion (7:22) Goulding — Asked the pool condition be added Motion Motion to Issue as amended. (made by: 'Topham) (seconded by: LaFleur) Vote Carried unanimously 9. *Daisy Field Trust— 78 Madaket Rd Lot 3 (41- 462.6) SE48 -2805 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Staff He will add in Condition 20 that the pool be drained outside the resource area. Discussion Goulding — Asked the pool condition be added Motion Motion to Issue as amended. (made by: Goulding) (seconded by: Topham) Vote Carried unanimously E. Extension of Orders of Conditions 1. Hither Creek Boatyard — 20 North Cambridge St (38 -15) SE48 -2109 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Representative Paul Santos, Nantucket Surveyors — Asking for a 1 -year extension request Staff Recommended that this qualifies for a 1 -year extension. Discussion (7:24) None Motion Motion to Issue extension for 1 year. (made by: LaFleur) (seconded by: Topham) Vote Carried unanimously 2. Hither Creek Boatyard — 20 North Cambridge St (38 -15) SE48 -2141 Sitting Steinauer, Erisman, LaFleur, Champoux, Goulding, Topham Representative Paul Santos, Nantucket Surveyors — Asking for a 1 -year extension request Staff Recommended that this qualifies for a 1 -year extension. Discussion (7:24) None Motion Motion to Issue extension for 1 year. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously Page 10 of 11 Minutes for July 8 2015 adopted July 22 F. Other Business (7:27) 1. Approval of Minutes a. June, 24, 2015: Motion to Approve as amended. (made by: Erisman) (seconded by: Champoux) carried 4 -0 2. Reports: a. CPC, Erisman — Nothing. Mr. Goulding volunteered to take over as ConCom representative to this commission. b. Mosquito Control Committee — Need to appoint someone. (Ms Erisman tentatively volunteered as ConCom representative to this committee 3. Commissioners Comment: a. Steinauer — Tim Simmons is coming out in Sept and might have time to address the commission on invasive species. b. Steinauer — Asked if there was an update on 'Sconset Beach Preservation Fund from Town Counsel. (no) 4. Administrator /Staff Reports a. Couple projects he's been working on will be held off for 2 weeks. b. Update on application fees. c. Asked if the board wants to do a special meeting on policy changes or do it during a short agenda. Motion to Adjourn: 7:39 p.m. Submitted by: Terry L. Norton Page 11 of 11