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Home My WebLink About2016-6-29Minutes for Tune 29, 2016, adopted Tulv 13 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket- ma.gov Wednesday, June 29, 2016 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 Golding — Asked if it is for public use. Called to order at 4:03 p.m. Cohen — There is an abutters easement but it is not for the public. Staff in attendance: Jeff Carlson, Natural Resources Coordinator Champoux — If this is going to be allowed, it should be brought into compliance. Attending Members: Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Cohen — Would accept an Order of Condition that would upgrade the boardwalk. Asked that they be Absent Members: Bennett allowed to make it of wood to comply with HDC requirements. Late Arrivals: LaFleur, 4:06 p.m. °' O Earlier Departure: None Z Agenda adopted by unanimous consent �_ Z �1 *Matter has not been heard n C I. PUBLIC MEETING y. Orders of Conditions A. Public Comment — None Z m Sitting Steinauer, Erisman, LaFleur, Champoux, Golding, Topham II. PUBLIC HEARING' None A. Notice of Intent Site and topographical plans, photos, requisite departmental l reports and correspondence. 1. Edwin Snider RT —1 Brock's Ct (42.3.4 -84) SE48 -2834 (Cont 07/13/2016) Brian Madden, LEC Environmental — For revised dimensions and reconfigurations to elements of the 2. Edwin Snider RT —1 Brock's Ct (42.3.4 -84) SE48 -2835 (Cont 07/13/2016) project. Erosion control barriers have been enhanced and are shown on the plan. 3. Nantucket Islands Land Bank —17 Commercial Wharf (42.2.4 -7 & 8) SE48 -2885 (Cont 07/27/2016) Will Gorman — A landscaping plan has been created. There is no lighting plan as yet. 4. *Holt — 98 Squam Road — (12 -36) SE48- 2898 (Cont 07/13/2016) None 5. *Windy Point Trust — 5 Hulbert Ave (29.2.3 -5) SE48 -2897 Erisman — Asked for clarification on the location of the new window wells to ensure none are closer to Sitting Steinauer, Erisman, LaFleur, Champoux, Golding, Topham the resource area. Asked if there is a planting plan for the revegetation. Recused None Steinauer — The landscaping plan needs to be in the file. Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Jeff Blackwell, Blackwell & Assoc. — In 2002, had an NOI to expand the boathouse; in closing out, discovered a boardwalk had been constructed that was not on the NOI. Asking for a permit for the installed boardwalk. It's about 2 feet wide and been there about 8 years. One of the owners has become physically infirmed and steps are very difficult to handle. Asked for a two -week continuance. Steven Cohen, Cohen & Cohen Law PC Public None Discussion (4:06) Champoux — If it had been permitted, the board would have asked it be designed off the ground. Page 1 of 3 Golding — Asked if it is for public use. Cohen — There is an abutters easement but it is not for the public. Champoux — If this is going to be allowed, it should be brought into compliance. Cohen — Would accept an Order of Condition that would upgrade the boardwalk. Asked that they be allowed to make it of wood to comply with HDC requirements. Steinauer — It would be nice for the walkway to be open for sand migration and plants. Staff None Motion Continued to July 13 without objection. Vote N/A B. Amended Orders of Conditions 1. Monomoy Creek RT —12 Monomoy Creek Road (54 -54.1) SE48 -2665 Sitting Steinauer, Erisman, LaFleur, Champoux, Golding, Topham Recused None Documentation Site and topographical plans, photos, requisite departmental l reports and correspondence. Representative Brian Madden, LEC Environmental — For revised dimensions and reconfigurations to elements of the project. Erosion control barriers have been enhanced and are shown on the plan. Will Gorman — A landscaping plan has been created. There is no lighting plan as yet. Public None Discussion (4:15) Erisman — Asked for clarification on the location of the new window wells to ensure none are closer to the resource area. Asked if there is a planting plan for the revegetation. Steinauer — The landscaping plan needs to be in the file. Madden — The landscape plan was specific to another NOI for Number 10; that NOI required filing of the plan. Carlson — That is correct; there was also a condition that any planting to take place within the wetland requires an amended order of conditions or new NOI. Page 1 of 3 Minutes for June 29 2016 adopted July 13 Madden — That is not the case here at Number 12. Erisman — Asked if Number 10 is in compliance and do they have to appear before the board. Madden — The owner has been diligent about cleaning up and keeping debris and rubble out of the wetlands. Staff In the area where the gabions interface with the old driveway, a section of black siltation fence was added to enhance it; the white tubing for erosion control has been doubled up. Loose debris has been removed. Motion Motion to Close and Issue. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously III. PUBLIC MEETING A. Request for Determination of Applicability 1. Cressman II — 300 Polpis Road (20 -11) Sitting Steinauer, Erisman, LaFleur, Champoux, Golding, Topham Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Jeff Blackwell, Blackwell & Assoc. — To review wedand boundary associated with repair to a failed septic in the harbor watershed district. Public None Discussion (4:24) None Staff Explained that Bruce Perry, third -party consultant, has a conflict on this site; Mr. Carlson reviewed the wetland areas and agrees the wetland lines are depicted correctly. Recommend issue as a Positive 2 to confirm resource areas and Negative 3 allowing work within the buffer. Motion Motion to Issue as recommended. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously B. Certificates of Compliance 1. Four Saratoga LLC —14 Tennessee Ave (60.1.2 -6) SE48 -2506 (Cont 07/13/2016) 2. Five on a Dime — 4,6,8 Pilgrim Court (41- 217.3, 217.4 portions 217) SE48 -2859 Sitting Steinauer, Erisman, LaFleur, Champoux, Golding, Joe Topham Staff This was for construction of retaining wall, landscape grading and construction of a lawn; all work is in compliance. Recommend this be issued. Discussion (4:27) None Motion Motion to Issue. (made by: Champoux) (seconded by: Topham) Vote Carried unanimously 3. Elizabeth Bagley D.T —123 Eel Point Rd (33 -15) SE48 -2547 Sitting Steinauer, Erisman, LaFleur, Champoux, Golding, Topham Staff For construction of coastal resource area enhancement: sand -drift fence and beach grass. The fencing was constructed and is in good repair. The plantings are also in good repair. In the last year no sand had to be added and no repairs were required. Condition 22 is on- going: the annual reporting requirement. Discussion (4:28) Erisman — Asked for clarification as to whether or not this was supposed to be just nourishment. Staff — They did planting behind the fence. It is open to a road so there is no nourishment requirement. Motion Motion to Issue with on -going Condition 22. (made by: Topham) (seconded by: LaFleur) Vote Carried unanimously 4. Five Crows Nest Way — 5 Crow's Nest Way (12 -22.2) SE48 -2635 Sitting Steinauer, Erisman, LaFleur, Champoux, Golding, Topham Staff For renovation of a structure and expansion of existing deck over existing patio. The deck was constructed correctly; installed a spa on the deck. The site work is in compliance. Recommend this be issued. Discussion (4:30) None Motion Motion to Issue. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 5. Haslam — 37 Sankaty Head Road (48 -2) SE48 -1795 Sitting Steinauer, Erisman, LaFleur, Golding, Topham Staff This is an old retreat project from 2005; work under the original permit was to remove a house and build two farther away from the bank; work was never completed. It is in compliance and there are no on -going conditions. The coastal bank has moved back 30 to 40 feet in the last 10 years. Discussion (4:31) None Motion Motion to Issue. (made by: Golding) (seconded by: Topham) Vote Carried 5 -0 / /Champoux recused C. Orders of Condition 1. cvr_y,ay Poin Diu„ 5 11tilberf Ave inn n 3 5) SE48 289-7-(Cont 07/13/2016) D. Other Business 1. Approval of Minutes: 06/15/2016 & 06/21/2016 — Adopted by unanimous consent. 2. Enforcement Actions: a. Weeweeder Pond area unpermitted cutting will be forthcoming. Page 2 of 3 Minutes for June 29, 2016, adopted July 13 b. Holly Farm property: with the board's permission, Staff will ask the Nantucket Island Land Bank to put together a replacement plan for trees that are not showing signs of regrowth. c. 65 & 67 Easton Street: been in contact with the owner's attorney, who indicated the owners will be filing suit against the town under the concern they will not get a fair review. Mr. Carlson has turned the issue over to Town Counsel 3. Emergency Certification: Nothing 4. Reports: a. CPC, Golding: nothing. b. Mosquito Control Committee: Erisman, nothing 5. Commissioners Comment a. Champoux — Asked for status on the Pocomo cutting: receipt of certified mail has been received at the office. b. Erisman — Asked how to put together a warrant article for the fall special meeting on issuing tickets. c. Steinauer — The Nantucket Conservation Foundation talked to the Department of Public Works; there is now a bin for disposal of invasive species. 6. Administrator /Staff Reports a. Ben Champoux, Dave LaFleur, & Andy Bennett have been reappointed back to the board. Elections will be scheduled for July 27 meeting. Motion to Adjourn: 4:46 p.m. Submitted by: Terry L. Norton Page 3 of 3