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Home My WebLink About2017-5-24Minutes for May 24 2017 adopted Tune 7 CONSERVATION COMMISSION N A N T U G K `>* z ot�,pNTUCKFr� PUBLIC MEETING -T. c W N C L E R O 2 Bathing Beach Road Nantucket Massachusetts 02554 y�o9 2811 Jiii� '$ Q� $' 2.. RAiti�`�1 www.nantucket- ma.gov op Wednesday, May 24, 2017 4 Fairgrounds Road, Training Room — 4:00 p.m. Commissioners: Andrew Bennett(Chair), Ashley Erisman(Vice Chair), Ernie Steinauer, David LaFleur, Ben Champoux, Ian Golding, Joe Topham Called to order at 4:02 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office Administrator, Terry Norton, Town Minutes Taker Attending Members: Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Absent Members: Golding Late Arrivals: None Earlier Departure: None Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Public Comment — None II. PUBLIC HEARING A. Notice of Intent 1. Edwin Snider RT —1 Brock's Court (42.3.4 -84) SE48 -2834 (Cont. 06/07/2017) 2. Nantucket Community Sailing — 2 Bathing Beach Road (29 -2) SE48 -2953 (Cont. 06/07/2017) 3. Van Den Bom —135 Wauwinet Road (11 -12) SE48 -2961 (Cont. 06/07/2017) 4. Joan D. Pratel Nantucket Trust —12 North Liberty Street (42.3.4 -171) SE48 -2963 (Coat. 06/07/2017) 5. Jones Family Partnership — 75 Pocomo Road (15 -7) SE48 -2971 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell & Assoc. — The plan was slightly revised to include pushing the cutting back to the 25 -foot line. Long -time rate of erosion is about .8 of a foot per year. The cutting is to facility showing the property for sale. Public None Discussion (4:04) None Staff This was waiting for Massachusetts Natural Heritage (NNI -1) sign off. Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 6. The Town of Nantucket — Sesachacha Road (21 -20) SE48 -2967 7. Alan A. Shuch — 45 Quidnet Road (21 -21) SE48 -2968 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Erin Hilley, Wilkinson Ecological Design — MNH ruled no take. Plan to remove non - native and replace with cedar. Public None Discussion (4:07) None Staff Have everything needed to close. Motion Motion to Close both SE48 -2967 and SE48 -2968. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 8. *Rabil III & Rabil —141 Cliff Road (30- 1,2,3,4,5,6,7) SE48 -2972 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors — Resource areas: land subject to coastal storm flowage, coastal bank, isolated vegetated wetland. Work will be in previously disturbed area. This is for construction of a pool, spa, fence, cabana, shed, gazebo, and generator pad; all are outside of the 50 -foot no -build zones for the bank and wetland. Erosion rate of the bank is 2 to 2.3 feet per year. Has two no -take notices connected to two previous NOIs. Hope to have the landscape plan for the next hearing. Based on the Town ground -flow map, he doesn't anticipate water issues with the pool. Waiting on NHESP determination; asked for a continuance. Public None Discussion (4:09) Erisman — An open generator might affect habitat. Bennett — He would like to see some of the previously disturbed area revegetate. Staff Since the wetland was delineated in the late 90s and early 2000s, it has expanded. Motion Continued for two weeks by unanimous consent. Page Iof3 Minutes for Mav 24.2017. adopted Tune 7 Vote N/A 9. *Martin — 77 Squam Road (13 -10) SE48 - Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey — This is for upgrade of a failed septic system. Resource areas: bordering vegetated wetland and isolated vegetated wetland delineated by Brian Madden, LEC Environmental- Are asking for waiver for septic within 100 feet of a wetland under No Reasonable Alternative. The net benefit is that the septic will be mounded using a drip - dispersal system. Separation from ground water will be five feet Asked for a two -week continuance to hear from MNH. Public None Discussion (4:22) None Staff The wetland lines are accurate as shown. Motion Continued for two weeks by unanimous consent. Vote N/A 10. *Lloyd —11 E Street (60.2.1 -4) SE48 -2969 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Don Bracken, Bracken Engineering, Inc. — This is a septic upgrade due to technical failure. Resource area: Hither Creek, coastal bank, and salt marsh. Septic will be outside 50 -foot setback from the bank but within 100 feet. It is outside 100 feet from the salt marsh. Asking for a waiver based No Reasonable Alternative. Access will be from the driveway. Proposing a silt fence along the lower area of construction. There are wells either side of the site that further restrict the location. Public None Discussion (4:28) None Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously 11. *Haydock — 64 West Chester Street (41 -372) SE48 -2970 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative None Public None Discussion (4:33) None Staff Started with an enforcement action for unpermitted cutting. This is to continue treating for knotweed and return the area to its natural state. The work will be done by a licenses fertilizer applicator. Previously we issued a permit for revegetation with a modification for what will be planted. Have everything needed to close. Motion Motion to Close. (made by: Topham) (seconded by: LaFleur) Vote Carried unanimously III. PUBLIC MEETING A. Certificates of Compliance 1. Thompson —14 Fargo way (14 -17) SE48 -2645 (Cont. 06/07/2017) B. Orders of Condition 1. Jones Family Partnership — 75 Pocomo Road (15 -7) SE48 -2971 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff For beach stairs. Will add Condition 20 that the area is not to be brush cut Discussion (4:37) None Motion Motion to Issue as amended. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 2. The Town of Nantucket — Sesachacha Road (21 -20) SE48 -2967 3. Alan A. Shuch — 45 Quidnet Road (21 -21) SE48 -2968 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Need to change the plan of record date to 5/22/2017 for revised plans. Will change Condition 19 to read, "any plant material." Will add Condition 23 about notifying Natural Resources. Discussion (4:39) Steinauer — Nr 19 says material will be chipped and passed through the digester, the digester won't take dirt Champoux — Asked about a requirement for data collection. Motion Motion to Issue as amended both SE48 -2967 and SE48 -2968. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 4. Lloyd- 11 E Street (60.2.1 -4) SE48 -2969 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff This requires a waiver for a leach field within 100 feet of a coastal bank. Finding is that land subject to coastal storm flowage is outside the area but traverses the property. Discussion (4:45) None Motion Motion to Issue as drafted. (made by: LaFleur) (seconded by: Steinauer) Vote Carried unanimously Page 2 of 3 Minutes for May 24 2017 adopted Tune 7 5. Haydock — 64 West Chester Street (41 -372) SE48 -2970 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Condition 19 needs to be changed to indicate plant material. The waiver is for the area the crosses the wetland line. Erosion control is a standard condition but can add Condition 24 requiring a silt fence. Discussion (4:48) Erisman — They said nothing about erosion control. Motion Motion to Issue as amended. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 6. Monomoy, LLC — 20 Monomoy Road (54 -145) SE48 -2952 Reissue Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff The map and parcel on the original order was incorrect; this is the correction. Discussion (4:50) None Motion Motion to Re- Issue. (made by: Steinauer) (seconded by: Erisman) Vote Carried unanimously C. Other Business 1. Approval of Minutes 5/10/2017: adopted by unanimous consent. 2. Enforcement Actions a.Update on North Road Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff (4:53) Received a letter from Mr. Kevin Dale, Vaughn, Dale, Hunter and Beaudette P.C. They retained surveying and engineering help and develop protocol for work. Hopefully to be completed within a few weeks. Discussion None b. Update on 315 Polpis Road Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff (4:54) It was sent to 321 Polpis Road. He mis- measured which property it was on; that should have gone to 315 Polpis Road. He will be resending that and will apologize to 321 Polpis Road. Discussion None c. Update on 93 Baxter Road Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff (4:55) The property owner came forward and said they engaged someone to install the coir logs; work has stopped and they retained an engineer to seek the required permitting. They said that SBPF has no knowledge or were any part of the work. Pointed out that he has told SBPF that if they see something unpermitted occurring, they need to notify us. Suggested leaving this open until SBPF NOI comes in. Discussion Erisman — It is within the SBPF project area and they have massive monitoring in place. She finds it hard to understand how the SBPF project manager had no knowledge of this work occurring. 3. Reports: a. NP&EDC, Bennett b. Mosquito Control Committee, Erisman 4. Commissioners Comment a. Steinauer — At the last Invasive Species committee meeting, someone came up with a way to control Japanese knotweed that doesn't involve herbicides or digging it out; it had to do with repeated mowing and planting native grass. 5. Administrator /Staff Reports a. None Motion to Adjourn: 5:01 p.m. Submitted by: Terry L. Norton Page 3 of 3