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HomeMy WebLinkAbout2015-7-22Minutes for Tuly 22, 2015, adopted Aug. 5 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 w1i--,v .nantucket- ma.goa Wednesday, July 22, 2015 4:00 P.M. 4 Fairgrounds Road, Training Room _ n r 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 Page 7 of 8 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 Page 8 of 8