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Home My WebLink About2016-7-13Minutes for July 13 2016 adopted July 26 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov Wednesday, July 13, 2016 4:00 P.M. 4 Fairgrounds Road, Training Room Commissioners: Ernie Steinauer (Chair), Andrew Bennett (Vice Chair), Ashley Erisman, David LaFleur, None Ben Champoux, Ian Golding, Joe Topham Continued to July 27, 2016 without objection. w Called to order at 4:02 p.m. 4. Windy Point Trust — 5 Hulbert Avenue (29.2.3 -5) SE48 -2897 �J Staff in attendance: Joanne Dodd, Natural Resources Office Administrator; Terry Norton Minutes Taker r None Attending Members: Steinauer, Erisman, LaFleur, Champoux, Golding, Topham � G Absent Members: Bennett 331- n Late Arrivals: LaFleur, 4:03 p.m.; Golding, 4:05 p.m. Steven Cohen, Cohen & Cohen Law PC — Other private parties use the walkway but it is not for public r Earlier Departure: None Public n Discussion (4:18) Erisman — It shouldn't go over the dune She's opposed to this; there is a path. Agenda adopted by unanimous consent -- *Matter has not been heard C" I. PUBLIC MEETING Staff Have everything needed to close. A. Public Comment — None Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote II. PUBLIC HEARING A. Notice of Intent 1. Edwin Snider RT —1 Brock's Court (42.3.4 -84) SE48 -2834 (07/27/16) 2. Edwin Snider RT —1 Brock's Court (42.3.4 -84) SE48 -2835 (07/27/16) 3. *Holt — 98 Squam Road — (12 -36) SE48 -2898 Sitting Steinauer, 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, Nantucket Engineering & Survey — Submitted revised plans at the table moving pool 5 feet away from the wetlands to allow the fence to be squared off and the pergola being replaced by a cabana. Resource areas are a bordering vegetated wetland and isolated vegetated wetland; work is within the 50 -foot buffer zone. Temporary dewatering will be outside the 100 -foot buffer zone. Will ask for a waiver based on 2 -foot separation from ground water. Asked for a continuance for two weeks. Public Cormac Collier, Executive Director Nantucket Land Council — Noted that a 2014 aerial photo showed the garage and the lawn were not there; the last permit through ConCom was for the dwelling and walkway. When new information arises, the ConCom can retroactively address items within the buffer zones; would like the ConCom to address that. Would also like to know why the isolated vegetated wetland wasn't flagged and why there is lawn within the 25 -foot buffer and when the garage was built. Discussion (4:03) Steinauer — Mr. Carlson would have to be consulted in regards to whether or not the previous work was permitted. Golding — Would like to have a site visit. Staff None Motion Continued to July 27, 2016 without objection. Vote N/A 4. Windy Point Trust — 5 Hulbert Avenue (29.2.3 -5) SE48 -2897 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 — The revised plans show a raised boardwalk. Asking for 2" boards with 1/2 inch spacing. Steven Cohen, Cohen & Cohen Law PC — Other private parties use the walkway but it is not for public use; it is in an abutters way. Public None Discussion (4:18) Erisman — It shouldn't go over the dune She's opposed to this; there is a path. Steinauer — This would be an improvement over walking through the dune. Champoux — At the last meeting, he noted that a permitted boardwalk would have been required it be elevated. Topham - Agrees it should be elevated. Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously Page 1 of 3 Minutes for Tuly 13 2016 adopted Tuly 26 5. * Five on a Dime — 8 Pilgrim Court (41- 217.3, 217.4 & Portion of 217) SE48 -2899 Sitting Steinauer, Erisman, LaFleur, Champoux, Golding, Topham Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Dan Malloy, Site Design Engineering — This is for a house and grading in an area previously approve for alteration. Resource area is a wetland on abutting property. Ground water depth varies around 10 feet in the area of the proposed work. Public None Discussion (4:30) Steinauer — Confirmed that everything within the 50 -foot buffer is natural vegetation. Erisman — Asked about the proposed lighting. Malloy — Presently only looking at low landscape lighting for the pool. Golding — Would like to know how irrigation will be handled. Steinauer — They would have to go by the best management practices in regards to irrigation. Discussion about whether or not there is a need to mitigate drainage. Steinauer — This can be conditioned to include drainage. Golding — Wants the pool conditioned to be drained outside the 100 -foot buffer. Staff Have everything needed to close. Motion Motion to Close. (made by: Golding) (seconded by: LeFleur) Vote Carried unanimously 6. * Laz Family NT — 20 Waquoit Road (90 -5) SE48- (07/27/16) 7. *78 Wauwinet Road LLC — 78 Wauwinet Road (14 -18) SE48 - Sitting Steinauer, 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, Nantucket Engineering & Survey — For work on a lawn and patio in the buffer to bordering vegetated wetlands. Most work is outside the 100 -foot buffer but subject to Massachusetts Natural Heritage review. Looking to preserve the natural trees and vegetation in the area. Outside the 100 - foot buffer, ground water is below 12 feet. Don't have Massachusetts Natural Heritage sign off. Requested a two -week continuance. Public None Discussion (4:43) Erisman — Asked if there would be any brush cutting. Gasbarro — To some degree to clear land for construction, but screening from the road will be preserved. Staff None Motion Continued to July 27, 2016 without objection. Vote N/A III. PUBLIC MEETING A. Minor Modifications 1. Nantucket Bam LLC — 3 North Avenue (42.4.4 -17) SE48 -2710 Sitting Steinauer, 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, Nantucket Engineering & Survey — This is within land subject to coastal storm flowage behind the Nantucket Hotel; the minor modification is to permit a sewer line to the food grinder shed that was omitted from the plan. It is outside a 25 -foot buffer to a surrounding wetland. There is invasive species work associated with the permit. Public None Discussion (4:51) None Staff Have everything needed to close. Motion Motion to Close and Issue. (made by: Champoux) (seconded by: Topham) Vote Carried unanimously B. Certificates of Compliance 1. Four Saratoga LLC —14 Tennessee Ave (60.1.2 -6) SE48 -2506 (07/27/16) 2. Thompson —14 Fargo Way(14 -17) SE48 -2645 (07/27/16) 3. Girvin — 9 Jonathan Way (75 -41) SE48 -1102 Reissue 4. Girvin — 9 Jonathan Way (75 -41) SE48 -1630 Reissue Sitting Steinauer, Erisman, LaFleur, Champoux, Golding, Topham Staff None Discussion (4:54) None Motion Motion to Reissue both SE48 -1102 and SE48 -1630. (made by: Golding) (seconded by: Topham) Vote Carried unanimously Page 2of3 Minutes for July 13 2016 adopted July 26 5. Elliott Low Beach Road (92.4 -319) SE48 -202 Sitting Steinauer, Erisman, LaFleur, Champoux, Golding, Topham Staff This certificate is from 1982. Discussion (4:55) None Motion Motion to Issue. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously C. Orders of Condition (5:56) 1. Windy Point Trust — 5 Hulbert Avenue (29.2.3 -5) SE48 -2897 Sitting Steinauer, Erisman, LaFleur, Champoux, Golding, Topham Staff None Discussion Steinauer — This is straight forward. Motion Motion to Issue as drafted. (made by: Champoux) (seconded by: LaFleur) Vote Carried 5- 1 / /Erisman opposed 2. Five on a Dime — 8 Pilgrim Court (41- 217.3, 217.4 & Portion of 217) SE48 -2899 Sitting Steinauer, Erisman, LaFleur, Champoux, Golding, Topham Staff Will modify Condition 20 per Mr. Champoux's request. Discussion Champoux — Asked to have this conditioned to maintain the vegetation between the retaining wall and the north line. Steinauer — Condition 21: roof drainage is to be infiltrated. Golding — Would like Condition 22 to include that irrigation and lawn maintenance will be held to BMP standards. Steinauer — That is a standard condition. Motion Motion to Issue as amended. (made by: Golding) (seconded by: LaFleur) Vote Carried unanimously D. Extension Requests 1. Waters Edge N.T —16 Medouie Creek Road (20 -26) SE48 -2577 Sitting Steinauer, Erisman, LaFleur, Champoux, Golding, Topham Staff None Discussion (5:00) Arthur D. Gasbarro, Nantucket Engineering & Survey — Asking for three 1 -year extensions due to delays from a long litigation period. Phragmites management is proceeding well; it was a very thick stand and is now sporadic shoots. Monitoring reports were prepared for board review. Explained how the Phragmites were /are being treated. Erisman — Asked if it is possible for pictures of how the work is being done to be included in the monitoring reports. Motion Motion to Issue the three 1 -year extensions. (made by: Champoux) (seconded by: Topham) Vote Carried unanimously E. Monitoring Reports 1. Fargo Way R.T —10 Fargo Way (14 -15 & 61) SE48 -2647 2. APG /DRS — 80 & 84 Wauwinet Road (14 -89.2 & 11 -28) SE48 -2749 3. Waters Edge N.T —16 Medouie Creek Road (20 -26) SE48 -2577 F. Other Business 1. Approval of Minutes: 06/29/2016 — Approved by unanimous consent. 2. Enforcement Actions a.None at this time. 3. Reports: a. CPC, Golding b. Mosquito Control Committee, Erisman 4. Commissioners Comment a. Steinauer — The Hummock Pond Road Bikepath wedand replication area at Pumpkin Pond has knotweed growing on the bank. The Town will be informed. Need a special herbicide application license to remove any invasive species from a public right -of -way, which includes the bike path. 5. Administrator /Staff Reports a. None Motion to Adjourn: 5:17 p.m. Submitted by: Terry L. Norton Page 3 of 3