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HomeMy WebLinkAbout2015-11-18 (2) Minutes for November 18,2015,adopted Dec 2;amended Dec. 16 ptf7UCr�'� CONSERVATION COMMISSION „. PUBLIC MEETING 2 Bathing Beach Road r\y�, ��•'�Y Nantucket,Massachusetts 02554 � �R►���p�, www.nantucket-ma.gov Wednesday,November 18,2015 4:00 P.M. 4 Fairgrounds Road,Training Room Commissioners: Ernie Steinauer (Chair),Andrew Bennett (Vice Chair),Ashley Erisman, David LaFleur, Ben Champoux,Ian Golding,Joe Topham Called to order at 4:02 p.m. Staff in attendance: Jeff Carlson,Natural Resources Coordinator Attending Members: Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Absent Members: None Late Arrivals: Golding,4:02 p.m. Earlier Departure: None Agenda adopted by unanimous consent ��� *Matter has not been heard PUBLIC MEETING -pD�J A. Public Comment—None II. PUBLIC HEARING A. Notice of Intent 1. Diamond Jr—10 Jefferson Avenue(30-55&56)SE48-2829 NANTUCKET Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham TOWN of F K Recused None Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Julie Jordin,The Garden Design Company Seth Wilkinson,Wilkinson Ecological Design—Provided an overview of the project to restore a scrub wetland.Looked at Massachusetts Natural Heritage habitat types and identified typical vegetation shrubs for a swamp wetland.In regards to the issue about bio-mass,we increased quantities for anchor plants that will be up left there and increased the sizes where possible.Provided information regarding cold stratification and the effect on germination in the spring.Looked at the underlying soils of the wetlands. Reviewed the type of equipment that will be used,which has low ground pressure impact. Public None Discussion(4:03) Steinauer—Another question at the last hearing had to do with mulch to hold the seed in place. Wilkinson—Dry mulch to only provides cover and helps maintain to the soil and used short term.It is a thin,pliable mulch,not like wood-chip mulch. Erisman—Asked how the mulch will impact invertebrate and insect species that burrow. Wilkinson—It is thin and low impact.The peat and straw goes down the same day;after the frost today, the time is right. Jordin—A lot of the existing plants will remain;there are some really viable plants there. Golding—Asked if the plan shows what is being kept and what is being planted. Wilkinson—It is hard to depict that on the plan due to the size.Stated that photo monitoring points will be installed. Golding—There doesn't seem to be protocol for aquatic monitoring to establish a base then after applying herbicide.He would like to know what sort of insect life is there before and what is there after the work.He wants to know the protocol is beneficial. Wilkinson—Monitoring pre-and post-activity for herbicide in such a small area is inconclusive and doesn't necessarily show that the herbicide had an impact.Cited studies on the subject of the impact of restoring wetlands and invertebrates. Golding—There is increased concern about the impact of herbicide on the environment and the harbor waters;he believes it is reasonable to request that there be a monitoring protocol in place. Jordin—Questions whether or not a project of this scale warrants such a protocol,which would be expensive. Steinauer—Asked if they know the percentage of the area to be disturbed. Jordin—Would like to do the work in small pieces. Steinauer—If the disturbed areas are kept small,that might give the invertebrates an opportunity to move. Erisman—She has a similar question about species birds using the habitat and what the plants provide and also wonders about sourcing actual native cultivars.That's what is proposed and wants to ensure it is actual native cultivars. Wilkinson—It is possible to use straight species.They don't use products hybridized with invasive species. Page 1 of 10 Minutes for November 18,2015,adopted Dec.2;amended Dec. 16 Erisman—There is a lot of Blue stripe in this area;asked if he will be on the lookout for that. Wilkinson—That is one of the invasive species they look for to include phragmites. Bennett—Asked what herbicide would be used on the invasive species and how it will be applied. Wilkinson—Has a list of specific herbicides for specific species:reviewed the details of herbicide per specie. Erisman—Asked if there is a waiver for the driveway. Jordin—The driveway will have a Belgium block track added and used for a walkway. Staff There is a waiver for the driveway and work in the wetland.Have everything needed to close. Motion Motion to Close. (made by:LaFleur) (seconded by:Bennett) Vote Carried unanimously 2. Town of Nantucket—39 Nonantum Avenue(Fisherman's Beach) (87-46)SE48-2833 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Recused None Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative None Public None Discussion(4:33) None Staff Had asked for more information,which was provided.Have everything needed to close. Motion Motion to Close. (made by:Bennett) (seconded by:LaFleur) Vote Carried unanimously 3. *Todd—11 Wauwinet Road(20-43)SE48-2831 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Recused None Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Brian Madden,LEC Environmental—Reviewed the project and changes to the project since the last hearing.Reviewed the layout of the proposed driveway;the two trees to be removed are outside the 25- foot buffer zone.Explained the methodology for restoring the wetland and 25-foot buffer,provided a planting plan showing the wetland and the buffer zone;will create a 2X2-foot berm parallel to Wauwinet Road to prevent overwash into the wetland. Public None Discussion(4:34) Erisman—Asked the difference between the SF for the driveway and restoration work. Madden—Driveway is 3,600 square foot(SF))on site and 1015 in the right of way;the buffer is 4,666 SF of which 685 is vegetated with 600 SF for the wetland.In the 25-foot buffer,the square footage of the restoration area is greater than new disturbance. Erisman—The proposed driveway segments the upland portion of the wetland and covers up a section of wetland and increases runoff. Madden—The driveway follows the sewer force main and minimized the impact on the wetland and buffer. Champoux—Asked if there had been any consideration to put a culvert under the driveway. Madden—Given the landscape and siting of the septic,no. Erisman—Asked if irrigation is proposed for the grass area. Madden—No long-term irrigation,just enough to get it established. Staff Have everything needed to close.No irrigation can be conditioned. Motion Motion to Close. (made by:Champoux) (seconded by:Bennett) Vote Carried unanimously 4. Segall—25 Starbucks Road(60-121)SE48-2832 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Recused None Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Paul Santos,Nantucket Surveyors—At last hearing had not heard from Fish and Wildlife and did not have a Department of Environmental Protection(DEP) file number;have both of those now.Reviewed the project.He will submit the landscape plan to the file as soon as it is complete. Public None Discussion(4:49) Golding—Asked if there is a request for irrigation. Santos—The existing well will be the irrigation well. Staff He had asked this to be held open.Have everything needed to close. Motion Motion to Close. (made by:Bennett) (seconded by:Topham) Vote Carried unanimously Page 2 of 10 Minutes for November 18,2015,adopted Dec.2;amended Dec. 16 5. 276 Polpis Nominee Trust—276 Polpis Road(25-31)SE48-2830 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Recused None Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Arthur D.Gasbarro,Blackwell and Associates Inc.—Reviewed the project.Have provided a revised plan showing the driveway tight to the garage.Requested a waiver for separation from ground water. Public None Discussion(4:53) None Staff Have everything needed to close. Motion Motion to Close. (made by:Topham) (seconded by:Bennett) Vote Carried unanimously 6. *Wesquo Capital Partners-57 Washington Street Lot 1B(42.2.3-37)SE48-2837 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Joe Topham Recused None Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Paul Santos,Nantucket Surveyors—This is for development of the lot with two elevated structures. Completely within land subject to coastal storm flowage and a coastal beach across the street about 85 feet from the proposed structure.Site elevation is 4 to 4.5 feet;1st floor will be 9 feet to comply with FEMA requirements.The only grading will be to accommodate the foundation work. Public None Discussion(4:55) Erisman—Asked how the increased density works within the flood zone and if the ability to hold water is increased.The runoff from a heavy rain is now going to move differently. Golding—The flood storage capacity is going to be substantially decreased. Santos—There is shallow groundwater table in that area.No basement is allowed in this area.They can design something that directs the roof runoff. Steinauer—Overland flow or puddling could still infiltrate in the lawn. Discussion about the foundation which will have a helix anchor 2 feet above groundwater. Staff The question is if the increased density decreases the flood storage capacity;this is one reason why there are building code requirements for flood zones.Have everything needed to close. Motion Motion to Close. (made by:LaFleur) (seconded by:Champoux) Vote Carried unanimously 7. *Sixty—One Madaket NT—61 Madaket Road(41-201)SE48- Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Recused None Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Paul Santos,Nantucket Surveyors—This is a developed lot serviced by Town water and on-site septic; the project is to add to the dwelling.There is a bordering vegetated wetlands location confirmed by Laurentide;there is also large wetland along the north with the 25-foot buffer outside the work area. Project requires a waiver for no adverse impact/no reasonable alternative for the 50-foot setback and groundwater separation;addition on east requires a foundation.Reviewed the Laurentide report.Asked for a continuance. Public None Discussion(5:06) Golding—Asked about the pipes and what's coming out and the effect on the wetland. Santos—The culvert under the driveway is for overland flow;the pipes are coming out of the foundation. Staff Have not yet received the DEP file number. Motion Continued to December 2 by unanimous consent. Vote N/A 8. *RAM Island,LLC—27 Monomoy Road(54-207)NAN-123 Sitting Steinauer,Bennett,Erisman,LaFleur,Golding,Topham Recused Champoux Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Don Bracken,Bracken Engineering,Inc.—Resource area is an isolated vegetated wetland confirmed that under 400 SF;raise the existing single family dwelling on the site with only a small section in the 100-foot buffer.Reviewed the work to be done all of which is outside the 50-foot buffer.Drywell and sewer line will be within 90 feet of the isolated vegetated wetland. Public None Discussion(5:13) None Staff This is under the local bylaw only.Have everything needed to close. Motion Motion to Close. (made by:LaFleur) (seconded by:Bennett) Vote Carried 6-0 Page 3 of 10 Minutes for November 18,2015,adopted Dec.2;amended Dec. 16 9. *Edwin Snider RT—1 Brock's Court(42.3.4-84)SE48-2834 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham Recused Golding Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Mark Rits,Site Design Engineering—This is to clean up work done by a previous property owner: addition,deck,and driveway.There is a wetland on the edge of the site and a new delineation was done and certified.All work done without benefit of an Order of Conditions was outside the 50-foot buffer so the commission would have granted approval.Asked for a continuance. Public Lucy Dillon,37 Liberty Street—Did not get an abutter's notification.Read a letter of concerns into the record. Discussion(5:17) Erisman—Asked how the chicken coop factors into the work. Chicken manure is not good for water quality. Rits—It went into lawn area;if it's an issue,it can be moved. Steinauer—Don't have information about distance to ground water. Rits—The newer structure basement is a crawl space because the groundwater is high. Discussion about the topography and the location of the original driveway was located. Champoux—Wonders about the flowage with a full foundation. Discussion about the abutters list mailing;they are in compliance. Erisman—Would like more information about what was there before the unpermitted work and what is there now. Steinauer—Would like more concrete information on where the chicken coop is located and moving it farther from the wetland. Erisman—It was evident on the shrub line that there was serious standing water;would like more information on that. Rits—He is not sure that was standing water because the shrubs Ms Erisman indicated are less the 6 months old. Steinauer—Would like more information about groundwater,the chicken coop and the foundation. Staff Read a letter from Robert Ernst at 4 Quarter Mile Hill asking for disapproval. Motion Continued to December 2 by unanimous consent. Vote N/A 10. *Edwin Snider RT—1 Brock's Court(42.3.4-84)SE48-2835 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham Recused Golding Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Mark Rits,Site Design Engineering—This hinges on wetland delineation and groundwater information. It is for a pool outside the 50-foot buffer,replacing the patio,construction of a secondary dwelling outside the 50;a pervious driveway and turn around area outside the 25-foot;utility connections;a shed inside the 50.Request a waiver for 2-foot separation from groundwater for the 2nd dwelling.Asked for a continuance. Public Lucy Dillon,37 Liberty Street—Read a letter of concerns into the record.Noted that part of the lawn was a wetland that had been filled in. Discussion(5:34) Steinauer—Need to know how the bottom of the pool relates to the groundwater. Erisman—Would like to know about the standing water especially in regards to the driveway. Rits—He will proved the elevations for that portion of the property.Presently it is a slope. Steinauer—Doesn't think the shed should be inside the 50-foot buffer. Rits—He will provide additional ground information.The pool is about 6 feet;the secondary will be a crawl space about 8 feet higher than the existing;will provide additional groundwater information; relocate the chicken coop.All structures except the shed are outside the 50. Erisman—Asked if there will be any restoration or invasive species work. Rits—Most of the invasive species are off this property;but will to address the small amount invasive species on this property.There is a very large population off site that would continue to bleed onto this lot. Steinauer—There would be an extensive use of glyphosates on the knotweed that is present. Staff This project has received a substantial amount of abutter input.Have received a substantial amount of abutter input on this project. Motion Continued to December 2 by unanimous consent. Vote N/A Page 4 of 10 Minutes for November 18,2015,adopted Dec.2;amended Dec. 16 11. *Giles TR—Off Tennessee Avenue(60.1.2-33)SE48-2839 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Recused None Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Arthur D.Gasbarro,Blackwell and Associates Inc.—Applicant has an existing and maintained dock into Hither Creek,which has been there since the 1940s;currently there is a walking path that traverses the neighbor's property and saltmarsh;this is for maintenance of the dock and also create a new walking path across the applicant's property to access the dock and abandon the walking path across the neighbor's property.The proposed path will be half as big as the existing path,so there is a net benefit.The path would be roughly maintained,not manicured.Creating and maintaining the new pathway would have less impact the constructing an elevated walkway. Public None Discussion(5:47) Bennett—The current path doesn't seem to be eroding.It seems a walkway is oaky. Steinauer—The path was wet;his concern about no walkway is if the path compresses and erodes,a new path is made.An elevated walkway keeps it in one place. Golding—Would like to advocate a monitoring program. Erisman—Asked if the neighbor would continue to use the existing path. Gasbarro—That is not their intent;signage could be put in place stating the path has been abandoned. Discussion about abandoning the existing pathway. Staff Explained a monitoring condition during the life of the permit allows tracking of a greater-than-negligible impact on the marsh at which time the board could work with the applicant to fix the problem.Have everything needed to close. Motion Motion to Close. (made by:LaFleur) (seconded by:Champoux) Vote Carried unanimously 12. *Bewkes III—67 Squam Road(13-14)SE48-2836 Sitting Steinauer,Bennett,Erisman,LaFleur,Golding,Topham Recused Champoux Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Arthur D.Gasbarro,Blackwell and Associates Inc.—Proposed is for work within the buffer to a bordering vegetated wetland and partially within the buffer zone to a coastal bank to lift an existing house and install a foundation with window wells and stairwell access.A 215-SF addition with foundation is proposed within the 50-foot buffer so requested a waiver;the addition is over lawn area.The resource area boundaries are confirmed.He hadn't looked at the turtle tunnel,but he will.Asked for a continuance. Public None Discussion(6:01) Golding—Asked where the roof rainwater runoff goes. (To the surface.) Gasbarro—Could memorialize best management practices. Staff Asked if Mr.Gasbarro looked at the condition of the turtle tunnel which connects two wetlands. Motion Continued to December 2 by unanimous consent. Vote N/A 13. *lecher—34 Shimmo Pond Road(43-124)SE48-2841 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Recused None Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Arthur D.Gasbarro,Blackwell and Associates Inc.—For returns to be added to an existing timber bulkhead.Abutter bulkhead is deteriorating and causing scour behind this bulkhead.Explained design/construction of the returns and mitigation.Asked for a continuance. Public None Discussion(6:09) Golding—Read the DEP regulations in regards to restoration of vegetation.Would like to ask they provide sand and natural vegetation where it is eroding;something similar to the impregnated bag approved down the beach. Gasbarro—Considered that alternative but decided on this given longevity and maintenance.Fiber rolls require frequent and repetitive maintenance.Explained why he isn't taking the bulkhead all the way to the neighbor's property.The new bulkhead will exactly match the existing. Steinauer—Wonders if this structure doesn't qualify for protection. Golding—Would like to see an alternative design for a softer approach. Bennett—Wonders if the groin on the corner at the end of the bulkhead would have a negative effect on end scour. Staff The structure qualifies under the act for protection,it is circa 1920.What might accommodate all concerns is an alternative analysis put into the record. Motion Continued to December 2 by unanimous consent. Vote N/A Page 5 of 10 Minutes for November 18,2015,adopted Dec.2;amended Dec. 16 14. *Cigarran—25 East Tristam Avenue(31-1)SE48-2840 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Recused None Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Arthur D.Gasbarro,Blackwell and Associates Inc.—Timber bulkhead has been over-topped causing damage to the coastal bank compromising the coastal structure and the pre-1978 house.Proposing to add two or three timbers across the top;there is no footprint change.Will hold the 11.1 elevation around the entire bulkhead.6X6 posts will be installed by hand behind the bulkhead sunk about 4 to 5 feet and bolted in place not exceeding 11.1 elevation.Requested a continuance. Public None Discussion(6:24) Golding—Read regulations in regards to protecting habitat and providing for unobstructed access along the shore.There is no greater example of peninsular effect;no habitat is provided in front of the bulkhead and members of the public have no access along the beach in front of the bulkhead;doesn't think any precedent should be set by approving and addition to hard armoring.He argues the bulkhead doesn't need any additional work and we are better off not encouraging any additional work. Gasbarro—No work is proposed within the coastal beach.There will be no additional adverse impact and work proposed is confined to the coastal bank resource area.This is a previously permitted structure that is protecting a pre-1978 structure. Champoux—Asked how often it has been over topped. Gasbarro—Several times a year,especially when the wind is from the northwest. Erisman—She sees a coastal bank restoring itself and providing sediment as it should.More over topping might be due to topography. Champoux—If this were coming in as a new structure,it would be engineered based upon wave height. Steinauer—Agrees with Mr.Golding;the beach is virtually non-existent and doesn't know how this will rectify that problem.He does not believe this project has any influence on projects going forward. Golding—Contends that the structure is not at risk.If we approve adding height,we send the message that is an acceptable precedent;doesn't feel doing that is necessary for this structure. LaFleur—Asked if there are signs of the yard/bank failing. Gasbarro—Not at this time but if it were let go,there would be. Erisman—Wonders at the wave velocity when over topping occurs.Waves can't reach the top of the bank.Reiterated that the coastal bank is trying to once again become a sediment source. Bennett—He doesn't see the proposed work would have any further negative impact. Erisman—The sediment that would go into the system is being hampered by the bulkhead. Steinauer—The 600 cubic yards(CY)of sand should go in front of the bulkhead,not on top. Discussion about where to put the 600 CY of sand. Topham—He agrees with Mr.Bennett. Champoux—Doesn't think there will be greater impact and the owner is within his right to increase the height of the structure. Golding—He would like the board to consider adding mitigating factors onto the permit. Steinauer—Would like the applicant to consider how to increase public access along the beach. Staff None Motion Continued to December 2 by unanimous consent. Vote N/A 15. Allison—7 Pond Road(56-153)SE48- Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Recused None Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Linda Masters,Structures Unlimited—This is for the installation of 8X12 foot,94 SF shed outside the 50-foot buffer.Asked for a continuance. Public None Discussion(6:52) Steinauer—Staff can draft up a positive order. Staff There are no waivers required.Don't have a DEP number. Motion Continued to December 2 by unanimous consent. Vote N/A Page 6 of 10 Minutes for November 18,2015,adopted Dec.2;amended Dec. 16 16. *Tuckemuck Associates—Lot 1 on Land Court Plan No.41462-A(94-8)SE48-2838 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Recused None Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Kevin Dale,Vaughan,Dale,Hunter and Beaudette,P.C.—Attached to the lot is a timber pier,boardwalk, and dock,which were rebuilt in 2004 without the property owner's knowledge.There is a 20-foot wide right of way along the edge that runs into the water.Asked for a continuance. Stan Humphries,LEC Environmental—Described the resource areas.Last time eel beds were mapped was in 1990.Have an existing 58-foot long pier with piles,access is along a 280 foot long elevated walkway about 3 feet wide;prior to 2004,the walkway was off the stairs and the pier rebuilt.Have not heard from Massachusetts Natural Heritage.Reviewed structural details. Public None Discussion(6:56) Golding—Suggests it be kept just the way it is. Staff Plovers are usually on the other side.This dock is used for emergency purposes;it's the only fixed pier on the island;and is an essential piece of infrastructure for the island residents.This is an issue of getting a proper Chapter 91 license which requires a current Order of Conditions.He will draft a positive order. Motion Continued to December 2 by unanimous consent. Vote N/A B. Amended Orders of Conditions 1. *Wesquo Capital Partners—57 Washington Street Lot 1A(42.2.3-37)SE48-2796 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Recused None Documentation Site and topographical plans,photos,requisite departmental 1 reports and correspondence. Representative Paul Santos,Nantucket Surveyors—This is for the addition of a new cottage.Resource is land subject to coastal storm flowage and does not fall within the setback for the coastal beach across the street. Public None Discussion(7:09) None Staff Recommend this be closed and issued. Motion Motion to Close&Issue the amended order. (made by:Topham) (seconded by:Erisman) Vote Carried unanimously III. PUBLIC MEETING A. Minor Modifications 1. Oakhill Investments LLC,341A Madaket Road(60.2.4-64.5 SE48-2828 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Recused None Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative None Public None Discussion(7:11) None Staff This needs to be continued to December 2. Motion Continued to December 2 by unanimous consent. Vote N/A 2. *Cross-9 Wauwinet Road(20-44)SE48-2243 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Recused None Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative David M.Haines,Haines Hydrogeologic Consulting—Asking to expand an addition to 17X17.Still outside the 50-foot buffer. Public None Discussion(7:12) None Staff It is within the scope of a minor modification. Motion Motion to Issue.(made by:Golding) (seconded by:Champoux) Vote Carried unanimously 3. *Ladybird LLC—8 Middle Valley Road(43-160)SE48-2568 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Recused None Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Arthur D.Gasbarro,Blackwell and Associates Inc.—Proposing a barn structure between the 50-&100- # foot buffers. Public None Discussion(7:13) Erisman—Asked if this is a barn for animals. Gasbarro—There is a 50-foot solid vegetated buffer and grading is away from the harbor. Page 7 of 10 Minutes for November 18,2015,adopted Dec.2;amended Dec. 16 Staff It is within the scope of a minor modification. Motion Motion to Issue. (made by:Champoux) (seconded by:Bennett) 1 Vote Carried unanimously f B. Certificates of Compliance 1. St.Pierre—8 Pocomo Road(15-29)SE48-1248 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham I Staff It is in compliance with the original Order of Conditions.Recommends this be issued with no on-going conditions. Discussion(7:15) None Motion Motion to Issue as recommended. (made by:Topham) (seconded by:Golding) 1 Vote Carried unanimously 2. *17 Mass Ave N.T.—17 Massachusetts Avenue(60.3.1-315;60-5)SE48-2498 j Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Staff It is in compliance.Recommends this be issued with on-going Condition 19:no fertilizer in irrigation. ", Explained how Condition 19 would be monitored. 1 Discussion(7:17) None Motion Motion to Issue as recommended. (made by:Topham) (seconded by:Bennett) ') Vote Carried unanimously 3. *Old North Wharf Co.—Old North Wharf(42.3.1-225)SE48-1809 i Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham i Staff It is in compliance.Recommends this be issued with no on-going conditions. : Discussion(7:19) None Motion Motion to Issue as recommended. (made by:Champoux) (seconded by:Bennett) Vote Carried unanimously 4. *Brant Point Partners—21 &23 Walsh Street(42.4.1-106&105)SE48-2594 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Staff It is in compliance.Recommend this be issue with no on-going conditions. Discussion(7:21) None Motion Motion to Issue as recommended. (made by:Erisman) (seconded by:Champoux) Vote Carried unanimously 5. *Hayden Hurley—5 Sandy Drive(29-74)SE48-2703 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham 1 Staff Monitoring has been completed.It is in compliance.Recommend this be issue with the monitoring 1 Condition 19 be on-going Discussion(7:22) None a Motion Motion to Issue as recommended.(made by:LaFleur) (seconded by:Bennett) 3 Vote Carried unanimously 6. *Oakhill Investments—7 South Valley Road(43-142)SE48-2561 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Staff It is in compliance.Recommend this be issued with on-going Condition 19:draining of pool outside tConCom jurisdiction. Discussion(7:24) None Motion Motion to Issue as recommended. (made by:Topham) (seconded by:Bennett) Vote Carried unanimously I i 1 1 I i 1 1 1 l i 1 Page 8of10 Minutes for November 18,2015,adopted Dec.2;amended Dec. 16 C. Orders of Condition 1. Diamond Jr—10 Jefferson Avenue(30-55&56)SE48-2829 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Staff Will require verification of the species to be planted.It might behoove the board to put out a policy statement which requires information on invertebrate species. Discussion(7:26) Erisman—Condition that requires use of native species and not cultivars. Golding—A monitoring component of invertebrates with a baseline established before work starts to provide some indication of the effect of herbicides. Discussion about the value of such a study. 2. Town of Nantucket—39 Nonantum Avenue(Fishermans Beach) (87-46)SE48-2833 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Staff Couldn't think of any conditions.Can add a condition about no cutting. Discussion(7:38) Champoux—There was talk about not cutting a view corridor. Motion Motion to Issue as amended. (made by:LaFleur) (seconded by:Champoux) Vote Carried unanimously 3. Todd—11 Wauwinet Road(20-43)SE48-2831 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Staff None Discussion(7:41) Erisman—No irrigation on the grass strips along the driveway.Removing the trees reduces the habitat quality. Champoux—The only way to protect the trees is to move the driveway into the 25-foot buffer. 4. Segall—25 Starbucks Road(60-121)SE48-2832 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Joe Topham Staff No additional conditions;pretty straightforward. Discussion(7:38) None Motion Motion to Issue as drafted. (made by:Golding) (seconded by:LaFleur) Vote Carried unanimously 5. 276 Polpis Nominee Trust—276 Polpis Road(25-31)SE48-2830 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Staff Requires a waiver but couldn't come up with conditions. Discussion(7:44) None Motion Motion to Issue as drafted. (made by:Topham) (seconded by:LaFleur) Vote Carried unanimously 6. *Wesquo Capital Partners—57 Washington Street Lot 1B (42.2.3-37)SE48-2837 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Staff He will add condition 19 that roof runoff will be infiltrated. Discussion(7:46) None Motion Motion to Issue as amended. (made by:Golding) (seconded by:Bennett) Vote Carried unanimously 7. *RAM Island,LLC—27 Monomoy Road(54-207)NAN-123 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Staff No conditions;pretty straightforward. Discussion(7:47) None Motion Motion to Issue as drafted. (made by:Topham) (seconded by:Bennett) Vote Carried unanimously 8. Giles TR—Off Tennessee Avenue(60.1.2-33)SE48-2839 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Staff None Discussion(7:48) Golding—Monitoring the path. D. Extension of Orders of Condition 1. *Heather Heavens LLC—13 C Street(60.2.1-76)SE48-2187 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Staff Have started the site work;asking for a 1-year extension. Discussion(7:51) None Motion Motion to Issue a one-year extension. (made by:LaFleur) (seconded by: Champoux) Vote Carried unanimously Page 9 of 10 Minutes for November 18,2015,adopted Dec.2;amended Dec. 16 E. Other Business(7:52) 1. Approval of Minutes October 28,2015:Approved by unanimous consent. 2. Reports: a.CPC,Golding—$2.563M in grants is being issued. b.NP&EDC,Bennett—Nothing c.Mosquito Control Committee,Erisman—Nothing 3. Commissioners Comment a.Erisman—84 Wauwinet Road,they have posts on the coastal bank. Staff—He has been up there and doesn't know what that is about. b.Champoux—Won't be here for Dec.2. c.Topham—The Madaket"dock to nowhere"is held up at HDC. 4. Administrator/Staff Reports a.The 2016 schedule will be posted on the website. b.Between Fog Island and Jack Wills,when they installed the walkway, they added 18-20 inches of fill to the point the break-away panels have fallen off on the abutting buildings.He will issue an enforcement and have them come to the next meeting. c.'Sconset Beach Preservation Fund is planning to be done with tube work within a week and the rest will be sand work. Motion to Adjourn:8:00 p.m. Submitted by: Terry L.Norton Page 10 of 10