HomeMy WebLinkAbout2015-7-22Minutes for Tuly 22, 2015, adopted Aug. 5
CONSERVATION COMMISSION
PUBLIC MEETING
2 Bathing Beach Road
Nantucket, Massachusetts 02554
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Wednesday, July 22, 2015 4:00 P.M.
4 Fairgrounds Road, Training Room _
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Commissioners: Ernie Steinauer (Chair), Andrew Bennett (Vice chair), Ashley Erisman, David LaFleur' C
Ben Champoux, Ian Golding, Joe Topham
Called to order at 4:00 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator
Attending Members: Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Absent Members: None
Late Arrivals: None
Earlier Departure: None
Agenda adopted by unanimous consent
*Matter has not been heard
PUBLIC MEETING
A. Public Comment:
Thomas Barada, West Tkhacomet Road — Wants to bring to ConCom's attention the Town's use of ground tar for
filling in roads around the island. He spoke to Department of Environmental Protection (DEP) and was told it's up
to ConCom to decide what material is appropriate for use on roads. He spoke to the director of the Department of
Public Works (DPW) who said it is legal for use. After speaking with Mr. Carlson, he learned there has been no
NOI submitted by the Town for the use of that material for use. Asked if ConCom will require the Town submit
the paperwork for it so that it can be discussed in a public hearing. This material is a combination of street
sweepings, miscellaneous materials, binding agents, and ground tar. According to DEP, shouldn't be used within
500 feet of a well head or 300 feet of a waterway. Carlson — This board has purview over road surfacing material to
ensure it is compliant; the maintenance provision of the regulations doesn't allow for a surfacing change without
permit. can issue an enforcement order this evening. He can speak with T Is Buzanoski or if the board prefers, he
will issue a formal enforcement
B. Election of Officers:
1. Chair - Andy nominated Stein for chair accepted by unanimous consent
2. Vice chair - Ian nominated Andy for vice chair accepted by unanimous consent
IL PUBLIC HEARING
A. Notice of Intent
1. The Great
Harbor Yacht Club (GHYC) — 96 Washington Street Ext (55.1.4 -08) SE48 -2774
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux
Recused
Golding, Topham
Documentation
Supporting documents and plans.
Representative
Leo Asadoorian, Blackwell and Associates Inc. — Did a soil assessment which has been included in the
packet. Findings were such that there isn't any eel grass or shellfish within the proposed work area or the
30 -foot buffer. This is for seasonal use by Community Sailing for their sailboats.
Public
Emily MacKinnon, Nantucket Land Council (NLC) — Looking at the 2004 survey, the two can be
overlapped to estimate the loss of eel grass. Since there is a dense bed east of the location, it might be
good to have a marker buoy to keep people away. NLC would be in favor of something requiring updated
status of the pervious mitigation. This commission needs to have a handle on GHYC finishing all
requirements set in the prior orders of condition.
Discussion (4:10)
Erisman — Asked what the reduction of eel grass has been over the past 12 years.
Asadoorian — He doesn't have the information; there is an on -going replication program for eel grass in
the harbor. The boat activity is not conducive to a strong eel grass community. The replication program
stalled because of the existence of helical anchors; it is very hard to take those out. GHYC is committed
to finishing the replication.
Erisman — Expressed concern that the replication program not be lost; asked how to ensure its
completion.
Asadoorian — Pointed out that there is a mooring field in the area that is under the control of the
Harbormaster, not the yacht club.
Staff
Completion of the replication program can be conditioned into the orders of condition; there is also
required mitigation that has stalled; this is an opportunity to invigorate that by requiring a report on those
activities.
Have everything needed to close.
Motion
Motion to Close. (made by: LaFleur) (seconded by: Champoux)
Page 1 of 8
Minutes for July 22, 2015, adopted Aug. 5
2. 48 SPR LLC
— 48 Shimmo Pond Road (43 -79) SE48 -2789
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused
None
Documentation
Supporting documents and plans.
Representative
Varoujan Hagopian, GEI Consultants, Inc. — Reviewed additional information submitted in response to
previous questions. Erosion is from 7 to 11 inches per year; calculation for sand requirements was made
for both the high and low volume. Sand is not able to move along the littoral transport and be a source of
nourishment because of the presence of the two existing bulkheads; sand is just being pulled away into the
harbor due to wave action.
Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C.
Seth Wilkinson, Wilkinson Ecological Design — Presented the commissioners with an example of the
cocoanut fiber proposed for use. Reviewed photos showing the process of installing the fiber roles; post -
Hurricane Sandy photos and an Orleans post Juno project photos; and post -event photos of a Edgartown
project on showing the survival of a plant array.
Public
Emily MacKinnon, Nantucket Land Council
Discussion (427)
Golding — Asked if the cable surplus are pulled after large storm events.
Wilkinson — If necessary, that can be done by hand; generally repair is done by hand. Explained installation
and security of the duckbill anchors.
Bennett — Asked if the 6X6 stakes are on this application.
Wilkinson — They aren't on this one; don't think they are necessary. The 1X1 oak stakes are used to secure
the blanket. They don't use any kind of fertilizer.
Erisman — Asked how much compost would be used; she's concerned about the possibility of the compost
emitting nutrients.
Wilkinson — The plugs are wrapped in compost when placed into the tubes. They could place the grass
without compost, but it will take the plants longer to become established.
Steinauer — There is a project where the beach grass was inoculated with Mycorrhizae and it is doing well.
Wilkinson — They have used Mycorrhizae with good results; they also use a yucca derivative used to coate
the plant. Further explained the philosophy behind the use of a small amount of compost around the plants
in the fiber rolls. Reviewed the modified seeding plans removing the use of non -native plants.
Golding — There had been a question about how the ends would be terminated.
Hagopian — Mr. Dale and Ms Alger have been working to agree on access to the beach from the abutters
property. Explained how the project would be terminated where it doesn't meet the eastern project.
Steinauer — It looks like the rolls would dissipate energy well; asked if there is any documentation
comparing these to other types of rolls. With this tiered construction, it looks like the wave action will roll
up and roll off, as opposed to a vertical wall.
Hagopian — A hard wall causes a direct bounce effect and sometimes amplifies the problem.
Wilkinson — This tiered construction alleviates the wave action.
Hagopian — Explained a study being done on how a saltmarsh reduces the wave energy. Noted the coastal
engineering community is beginning to focus on that. It is their intent to nurture and have a 4 -5 year
maintenance program. Explained the maintenance program to include the plants.
Golding — Asked if the abutters are required to provide sand. (No) This project is being asked to do that
for all three.
Erisman — This seems like bio- engineering to her. This should be conditions for storm reports.
Champoux — Stated he believes this board will see more of this and he would like to set a precedent.
Steinauer — This is the combination of materials of sand -filled bags and a fence; when they are put
together, this is a structure. Stated he's on the fence about this; it is one of the most interest approaches this
board has seen. He likes having a re- vegetated the bank acting more like a bank.
Hagopian — Because the site is further inland and every storm comes right on the bank, we can always do
nourishment on the toe of the bank.
Wilkinson — He can provide monitoring; he can also provide sample conditions from other projects. The
trigger they propose here is that an exposed fiber roll will be re- nourished to mimic a natural condition.
Golding — He would like to see how this approach works.
Steinauer — This should have a monitoring condition to ensure the beach remains and to have some kind
of a biometric set up on the beach.
Erisman — Asked if it's necessary to have the fence in there.
Wilkinson — He would defer to the engineer on that question. Suggested that if they went to white cedar,
that would disintegrate in 3 to 5 years.
MacKinnon — At the end were it tapers into the bank; she wants to know whether or not that will require
excavation into the bank. In the narrative, it talks about the potential use of existing sand on site being used
to cover the fiber rolls; that is unusual to take sand from the bank to cover the rolls; she'd like clarification.
As far as whether or not it's a structure, the local bylaw should be referenced to make that determination.
Hagopian — Explained that the tapering wouldn't be penetrating into the embankment; the structure is
about 5 feet from the toe of the bank when it turns back toward the bank. As they begin to shape the slope,
Page 2of8
Minutes for July 22 2015, adopted Aug. 5
they will loosen about 5 or 6 cubic yards of sand; that is the sand they will use. They will take a sand analysis
to match the sand. The function of the fencing is as another form of biodegradable anchors.
Dale — He believes this is not a structure; the overall components don't act like a structure. The plants are
the main functional part.
Steinauer — Read the definition of a coastal engineering structure from the local regulations page 13; by
these regulations the geo- textile fabric counts as a structure. This is being proposed in front of a vacant lot
and that has not been previously allowed. Next time the regulations are reviewed, this board might consider
the state regulations concerning bio- engineered projects. We should see a plan with the ends on it and a
grain -size analysis.
Dale — Requested a continuance.
Staff Part of the analysis this board must have will be to determine whether or not this type of activity is a
coastal engineering structure; because of the pre -1978 and protected interests. DEP and Coastal
Management recommend this type of structure as a bio - engineering structure; they consider this to be a
non - structure option.
All projects have provided a profile from the top of the slope out into the water a little ways and have
included how the shoreline is changing in front of a coastal erosion project.
The definition requires the determination of the commission and whether or not it is acting in a structural
manner. This Board also has the ability to grant waivers to local regulations.
Motion Continued to 8/5 without objection.
Vote N/A
3. White — 47A West Chester Street (41- 227.1) SE48 -2790
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux
Recused Golding, Topham
Documentation Supporting documents and plans.
Representative Brian Madden, LEC Environmental — Based upon feedback, he has further revised the conditions and
reduced the structural footprint in the 50 -foot buffer zone. Reviewed all changes in detail. The upland
reconstruction /mitigation enhancement is still greater than 3:1. Expanded the planting list. Still committed
to the 125 square feet (SF) wetlands restoration/ enhancement area totaling 2,025 SF of
mitigation /enhancement areas excluding 485 SF restoration for the driveway bumpout. Allocating storm -
tech chambers to collect runoff. The addition is now 387 SF in the 25 -50 wetland buffer all within
previously landscaped /disturbed areas.
Public Sarah Alger, Sarah F. Alger P.C., for the east abutters — Concerned there is still too much structure within
the 50 -foot buffer. At this time, the building at the base of the driveway has no steps or way into it. Her
client's are concerned that, as seen in the past for structure "shoehorned" into a small lot and they get
approval for this type of footprint, they come in for an amended order and intrusions into the wetlands
increases; there are other places to put this structure.
Emily MacKinnon, Nantucket Land Council — Echoed the abutters concerns. Encouraged the
commission that if they do a positive order, they include a phased condition to ensure the restoration
work is completed. No build is an alternative for this project.
Discussion (5:32) Steinauer — We need some kind of permanent markers for landscaping.
Madden — They are proposing to have the cottage on a slab foundation; the porch will be on sonotubes.
If HDC requires changes, they will be back before this board.
Discussion about the analysis whether or not there is no reasonable alternative in regards to the location
of the cottage.
Erisman — Shares Ms Alger's concerns about this coming back for exterior additions.
Madden — Noted that there is room outside the 50 -foot buffer for air - conditioning units (A /C).
Bennett — Wonders if they are being creative enough about staying outside the 50 -foot buffer.
Extensive discussion about reasonable alternatives and getting the structures out of the buffer zones.
Steinauer — There is interest on the commission to see if more of the house can be moved out of the 50.
Madden — Asked for a continuance.
Staff We might be able to condition it as a milestone approach with a certain sequence for aspects of the
project to be completed.
The building themselves are being applied for under a no reasonable alternative waiver to allow the
project to proceed in compliance with the regulations. There is also a net benefit being apprised to re-
planting and restoration work. All alternatives need to have been completely explored.
Motion Continued to 8/5 without objection.
Vote N/A
Page 3 of 8
Minutes for July 22, 2015, adopted Aug. 5
4. Town Of Nantucket — 34 Washington Street (42- 2.3.2) SE48 -2798
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Recused
Golding
Documentation
Supporting documents and plans.
Representative
David Smith, GZA GeoEnvironmental, Inc. — Replace floats at the Town Pier with more robust
Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding
concrete floats. There will be dredging of 285 SF material on the land side; that will be brought to
Joe Topham
Steamship pier then to landfill. The commission had requested time to review State documents that
Supporting documents and plans.
arrived after submittal of the file. There is no eel grass in the area. Have not identified any shellfish in the
Arthur D. Gasbarro, Blackwell and Associates Inc. — This NOI is for renovation to existing residential
dredge area; when the storm - damage repair was done after the winter storms, there was no mention of
structure. Resource areas are coastal beach, coastal dune, land subject to coastal storm flowage, and the
shellfish.
Public
Emily MacKinnon, Nantucket Land Council — Clarified the 2013 aerial survey. Asked if ground proofing
no additional bedrooms or work that requires additional septic capacity. Part of the land is subject to a
is done in this area. She recalled the commission asking for a letter from the Town biologist.
Discussion (6:02)
None
Staff
Never have had shellfish or significant vegetation at that end of the pier.
will be removed to make room for the deck; will need new architectural drawings.
His office is in the process of doing the survey for the harbor.
Emily MacKinnon, Nantucket Land Council — Looking at the proposed deck steps, asked if the steps are
Have everything needed to close.
Motion
Motion to Close. (made by: LaFleur) (seconded by: Champoux)
Vote Carried 6 -0
5. Kimball- Sherburne, LLC — 9 Kimball Avenue (30 -31) SE48 -2802
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused None
Documentation Supporting documents and plans.
Representative Paul Santos, Nantucket Surveyors — At the previous hearing there was concern by an abutter who said he
had not had sufficient time to review the time; that has been resolved. Reviewed the project. This is a
waiver project for construction within the 50 -foot buffer under NAI and net benefit. Reviewed existing
landscaping along the back area. The bluff is a non - eroding, stabilized, glacial bluff.
Public None
Discussion (6:12) Champoux — To Mr. Golding's point at the last hearing const of new house could all be outside the 50.
Golding — Cited a similar situation on Monomoy Road; now he doesn't think there is adverse impact.
Topham — It looks like it could be pulled back 2.5 feet from the westerly comer and rotated out of the
buffer.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur)
Vote Carried unanimously
6. Nantucket Islands Land Bank — 22 Cathcart Road (43 -68) SE48- (cont. 08/05/2015)
7. Elizabeth Von Summer & John J. Moller — 10 Monomoy Creek Road (54 -54.2) SE48 -2801
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused None
Documentation Supporting documents and plans.
Representative Brian Madden, LEC Environmental — This was continued for a file number and Massachusetts Natural
Heritage letter. Reviewed the project. Waiver for small intrusion of driveway into the 25 -foot buffer to a
coastal bank by definition.
Public None
Discussion (6:25) None
Staff
Have everything needed to close.
Motion
Motion to Close. (made by: LaFleur) (seconded by: Champoux)
Vote
Carried unanimously
8. *Biggio —155
Wauwinet Road (11 -1) SE48 -2808
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding
Recused
Joe Topham
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc. — This NOI is for renovation to existing residential
structure. Resource areas are coastal beach, coastal dune, land subject to coastal storm flowage, and the
entire site is a barrier beach. Those designations restrict the type of work that can be done. There will be
no additional bedrooms or work that requires additional septic capacity. Part of the land is subject to a
conservation restriction held by the NCL. Detailed the proposed work. Elevating the decks will allow for
migration of sand underneath. Proposed one change: there is an existing plywood -type retaining wall that
will be removed to make room for the deck; will need new architectural drawings.
Public
Emily MacKinnon, Nantucket Land Council — Looking at the proposed deck steps, asked if the steps are
necessary because there are some existing. Some deck should come off to pull it away from the resource.
Page 4 of 8
Minutes for July 22 2015 adopted Aug. 5
Discussion (6:27)
Bennett — Asked about grading.
B. Amended Orders of Conditions
Gasbarro — There is no proposed grade change. The overall structural area change is 305 SF.
78 Union Street /Roadway Mariner Way (55.1.4 -72) SE48 -2740
Erisman — Asked where the water line is.
Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Gasbarro — He doesn't know at this time but he will locate it at the time of compliance. In response to
None
Ms MacKinnon's question, he doesn't know. Asked for a continuance in order to revise the drawings.
Staff
None
Motion
Continued to 8/5 without objection.
Vote
N/A
9. *Dannheim
— 97 Low Beach Street (75 -31.2) NANA 19
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused
None
Documentation
Supporting documents and plans.
Representative
Brian Madden, LEC Environmental — This is for construction of a new single - family dwelling, garage,
bed bike path that is very durable; it would meet all Planning Board requirements and allows water
pool, and pool house. Resource areas are bordering vegetated wetlands. No work within the 50 -foot
penetration.
buffer.
Public
None
Discussion (638) None
Staff This is against a local bylaw only.
Have everything needed to close.
Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux)
Vote Carried unanimously
10. *Brant Point RT — 12 Brant Point Road (29 -149) SE48 -2807
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused None
Documentation Supporting documents and plans.
Representative David M. Haines, Haines Hydrogeologic Consulting — To build three small additions over driveway or
garden areas. This is all within land subject to coastal storm flowage.
Public None
Discussion (6:40) None
Staff Have everything needed to close.
Motion Motion to Close. (made by: Champoux) (seconded by: Bennett)
Vote Carried unanimously
11. *Oak Hill Investments — 341A Madaket Road (60.2.4 -64.5) SE48- (withdraw)
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Motion Motion to Accept the withdrawal. (made by: Bennett) (seconded by: Champoux)
Vote
Carried unanimously
B. Amended Orders of Conditions
1. * Kelley —
78 Union Street /Roadway Mariner Way (55.1.4 -72) SE48 -2740
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused
None
Documentation
Supporting documents and plans.
Representative
Rick Beaudette, Vaughan, Dale, Hunter and Beaudette, P.C. — This is the roadway lot; at time of the
approval, ConCom required the road to be pervious; the Planning Board is requiring it to be paved. Most
of the road is outside the 50 -foot buffer and was constructed to avoid the bordering vegetated wetlands.
The Planning Board wants this to be a 1 -way road. Explained why the Planning Board is requiring this to
be paved. Nothing else has changed.
Public
None
Discussion (6:42)
Golding — He has a sample of a porous surface that came up in regards to Goose Pond and the railroad
bed bike path that is very durable; it would meet all Planning Board requirements and allows water
penetration.
Steinauer — Might need to have more drainage. Ground water would be high.
Discussion about the drainage issue off an impervious surface.
Erisman — She is concerned about the amount of leaching from the asphalt.
Golding — He would like an opportunity to research the material as it might be what is needed here.
Beaudette — He is willing to wait two weeks; however, his only concern is whether or not the Planning
Board would accept it. Requested a continuance
Staff
Reminded the commission that the whole site is within the flood zone.
Reviewed the runoff direction and what it flows into.
In context, this road runs into two heavily trafficked asphalt roads.
Motion
Continued to 8/5 without objection.
Vote
N/A
Page 5of8
Minutes for July 22 2015 adopted Aug. 5
2. *Tree Rock RT — 28 Gardener Road (43 -132) SE48 -2325
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion (6:57)
None
Staff
This is the third amended order request for an under - ground propane tank, a generator, and utility line.
upon grade and elevation.
Everything is outside the 50 -foot buffer.
None
Recommend approval as an amended order.
Motion
Motion to Approve as an amended order of conditions. (made by: LaFleur) (seconded by: Topham)
Vote
Carried unanimously
III. PUBLIC MEETING
A. Request for Determination of Applicability
1. * Fairchild —
3 Beacon Lane (21 -26.9)
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused
None
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc. — To confirm the resource area boundaries. Fronts on
Sesachacha Pond, which is open, so this is both inland and coastal flood area. Top of coastal bank based
Staff
upon grade and elevation.
Public
None
Discussion (6:58)
None
Staff
Recommend this be issued as a Positive 21A confirming the bordering vegetated wetlands, land subject to
B. Minor Modifications
coastal storm flowage, and coastal bank.
Motion
Motion to Issue. (made by: Champoux) (seconded by: Bennett)
Vote
Carried unanimously
2. *Creek House
Trust — 28 Medouie Creek Road (20 -1)
Sitting
Steinauer, Bennett, Erisman, LaFleur, Golding, Topham
Recused
None
Documentation Supporting documents and plans.
Representative David M. Haines, Haines Hydrogeologic Consulting — This is a repeat of previous determination for
Discussion (7:09) None
Motion Motion to Reissue. (made by: LaFleur) (seconded by: Champoux)
Vote Carried 6- 0 / /Steinauer abstain
Page 6 of 8
work in a buffer zone to an isolated wetland. This has been redesigned slightly larger with a second
addition over currently existing driveway and lawn, which are in the buffer zone for a bordering vegetated
wetland. Does not anticipate any dewatering. One addition will have a full basement and the other will
not.
Public
None
Discussion (7:01)
Golding — Asked where the roof runoff discharge would take place.
Haines — The roof drainage will discharge out to little pads in the buffer zone as previously discussed.
Staff
Recommend this be issued as a Positive 2A confirming the bordering vegetated wetlands and a Negative 3
for work in buffer zone
Motion
Motion to Issue. (made by: Bennett) (seconded by: Champoux)
Vote
Carried 6- 0 / /Champoux abstain
B. Minor Modifications
1. Cienava —
11 Head of Plains (63 -65 & 66) SE48 -2695
Sitting
Steinauer, Bennett, Erisman, LaFleur, Golding, Topham
Recused
None
Documentation
Supporting documents and plans.
Representative
Paul Santos, Nantucket Surveyors — This is for incorporation of a plan into the file for information
purposes. The primary dwelling has been downsized and finalized the I/A septi -tech septic.
Public
None
Discussion (7:07)
None
Staff
This is more of a plan change but is approvable as a minor modification.
Motion
Motion to Approve as a minor modification. (made by: Bennett) (seconded by: LaFleur)
Vote
Carried 6 -0// Champoux abstain
C. Certificates of Compliance
1. Barnside
Realty Corp — Highbrush Path (56- 370 &371) SE48 -613 Reissue
Sitting
Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff
Lost the original prior to recording it; it is in compliance
Discussion (7:09) None
Motion Motion to Reissue. (made by: LaFleur) (seconded by: Champoux)
Vote Carried 6- 0 / /Steinauer abstain
Page 6 of 8
Minutes for July 22 2015 adopted Aug. 5
2. Wheatly / Trudel — 57 Wauwinet Road (14 -22) SE48 -1398 Reissue
Sitting
Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff
Lost the original prior to recording it; it is in compliance
Discussion (7:10)
None
Motion
Motion to Reissue. (made by: Golding) (seconded by: Champoux)
Vote
Carried 6- 0 / /Steinauer abstain
3. Wheatly /Chapman — 57 Wauwinet Road (14 -22) SE48 -0719
Sitting
Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff
Applicant has not yet filed an as -built plan. Asking for a continuance.
Discussion
None
Motion
Motion to Continue. (made by: Champoux) (seconded by: LaFleur)
Vote
C Carried 6- 0 / /Steinauer abstain
4. Trudel —
57 Wauwinet Road (14 -22) SE48 -1699
Sitting
Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff
Applicant has not yet filed an as -built plan. Asking for a continuance.
Discussion
None
Motion Motion to Continue. (made by: Champoux) (seconded by: LaFleur)
Vote Carried 6- 0 / /Steinauer abstain
5. Everets — 28 Williard Street (29- 112.2) SE48 -2420
Sitting Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff This had specific conditions in regards to the grading. It is in compliance and recommend it be issued.
Discussion (7:11) None
,lotion Motion to Issue. (made by: Golding) (seconded by: LaFleur)
Vote Carried 6- 0 / /Steinauer abstain
6. Worden — 53 Dukes Road (56- 185.4) SE48 -2681
Sitting Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff Recommend this be issued with the on -going Condition 19 for the pool not to be drained in ConCom
jurisdiction.
Discussion (7:12) None
Motion Motion to Issue. (made by: Champoux) (seconded by: LaFleur)
Vote Carried 6- 0 / /Steinauer abstain
7. McAlinden — 48 South Cambridge Street (59.3 -42) SE48 -2252
Sitting Steinauer, Bennett (acting chair), Erisman, LaFleur, Champoux, Golding, Topham
Staff They did not do the work and are asking to invalidate the order of conditions.
Discussion (7:13) None
Motion Motion to Invalidate SE48 -2252. (made by: Golding) (seconded by: Champoux)
Vote Carried unanimously
D. Orders of Condition
1. The Great Harbor Yacht Club — 96 Washington Street Ext (55.1.4 -08) SE48 -2774
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux
Recused Golding, Topham
Staff Conditions 23 prohibits motorized vessels from using the float. ridded Condition 21 requires a yearly eel
grass survey; Condition 22 requires mitigation work be completed and describes what will happen and
what GHYC should do if mitigation can't be completed. Use of helix moorings is up to the harbormaster.
Discussion (7:13) Discussion about the float being for purely sailing vessels and use by Community Sailing.
Steinauer — Asked that something be included for the on -going mitigation.
Motion Motion to Issue as amended. (made by: Champoux) (seconded by: LaFleur)
Vote Carried 5 -0
2. Town of Nantucket — 34 Washington Street (42- 23.2) SE48 -2798
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff Conditions require siltation curtains to be in place during dredging.
Discussion (7:17) None
Motion Motion to Issue as drafted. (made by: LaFleur) (seconded by: Champoux)
Vote Carried unanimously
3. Kimball- Sherburne, LLC — 9 Kimball Avenue (30 -31) SE48 -2802
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff Condition 20 allows for the removal of invasive species. Will add Finding 2: this new construction is
found to be a post -1978 structure.
Discussion (7:18) Steinauer — Asked if there is something in the regulations about not being able to ask for coastal
engineering structure after this project is complete.
Motion Motion to Issue as amended. (made by: LaFleur) (seconded by: Bennett)
Vote Carried unanimously
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Minutes for July 22, 2015
4. Elizabeth Von Summer & John J. Moller — 10 Monomoy Creek Road (54 -54.2) SE48 -2797
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux
Recused Golding, Topham
Staff This was for removal of gabian retaining wall and regrade and driveway reconfiguration. There is a photo
monitoring requirement and removal of invasive species from the wetland area. This project can't be
phased because it is contingent upon everything happening at once. Added new the new condition of
seeds to be in by September 15 unless extended by request of the commission.
Discussion (7:22) Erisman — She wants to ensure clean fill is used.
Champoux — There was discussion about the time of year for seeding.
Motion Motion to Issue as amended. (made by: Champoux) (seconded by: Bennett)
Vote Carried 5 -0
5. Elizabeth Von Summer & John J. Moller —10 Monomoy Creek Road (54 -54.2) SE48 -2801
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff No conditions; requires a waiver for driveway
Discussion (7:25) None
Motion Motion to Issue as drafted. (made by: LaFleur) (seconded by: Champoux)
Vote Carried unanimously
6. *Dannheim — 97 Low Beach Street (75 -31.2) NAN -110
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff Standard pool discharge condition.
Discussion (7:26) None
Motion Motion to Issue. (made by: Champoux) (seconded by: LaFleur)
Vote Carried unanimously
7. *Brant Point RT — 12 Brant Point Road (29 -149) SE48 -2807
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff Straight forward.
Discussion (7:27) None
Motion Motion to Issue as drafted. (made by: Champoux) (seconded by: Bennett)
Vote Carried unanimously
E. Extension Request
1. Variable Winds NT — 31 Hinckley Lane (30 -22.2) SE48 -2016
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff This is a reissue because some dates were wrong.
Discussion (7:27) None
Motion Motion to reissue. (made by: Erisman) (seconded by: Bennett)
Vote Carried unanimously
F. Other Business (7:29)
1. Approval of July 8, 2015 Minutes: Approve by unanimous consent
2. Reports:
a. CPC, Golding — Nothing at this time.
b. NP &EDC, Bennett - Nothing at this time.
c. Mosquito Control Committee, Erisman — Nothing at this time.
3. Commissioners Comment: None
4. Administrator /Staff Reports:
a. His office is working on cataloging all enforcement orders; the bulk is finished but not yet edited and status
updated. It will be ready for the next meeting. Enforcement actions will be kept as part of the packet. Also will
post on the ConCom web page.
b. At the procedural meeting, should look into submitting a warrant article to change the bylaw in issuing
enforcement. Presently, all punitive enforcement action must go through the Chief of Police or Deputy Chief.
c. Included in the packet are a number of monitoring reports to include the final report for 34 Shawkemo.
G. Executive Session
Exemption 3: To Discuss Strategy with Respect to Potential Litigation Concerning the Appeal of Order of Conditions SE48 -
2610 issued to the Sconset Beach Preservation Fund and the Town of Nantucket, where an Open Meeting May have a
Detrimental Effect on the Litigation Position of the Conservation Commission.
Motion to Go into Executive Session. (made by: LaFleur) (seconded by: Champoux) role call vote: Topham- aye; Bennett -
aye; Champoux -aye; LaFleur -aye; Steinauer -aye; Golding -aye; Erisman -aye
Entered executive session at 7:38 p.m.
Exited executive session at 8:39 p.m.
Motion to Adjourn: 8:40 p.m.
Submitted by:
Terry L. Norton
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