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