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Home My WebLink About2017-6-7Minutes for June 7 2017 adopted June 21 CONSERVATION COMMISSION , y U i PUBLIC MEETING T O'Vi i1 C L E F 2 Bathing Beach Road Nantucket, Massachusetts 02554 2017 JUN 22 AM 8: 26 09 4p flAi��\= www.nantucket- ma.gov Wednesday, June 7, 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 4:07 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, Golding, Topham Absent Members: None Late Arrivals: None Earlier Departure: None Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Announcements and Public Comment: Edie Ray — Read into the record a statement of concerns in regards to erosion of Smith's Point dunes due to vehicular traffic. Discussion about where vehicles are driving, lack of signage, threat to Piping Plover fledglings, and the need for monitors. Carlson — The property owners have been approached by the Environmental Police about not "making new roads" across the dunes. The easiest solution is to close Smith's Point to all vehicles until the Fall. Discussion about scheduling a site visit. II. PUBLIC HEARING A. Notice of Intent 1. Edwin Snider RT —1 Brock's Court (42.3.4 -84) SE48 -2834 (Cont. 07/12/2017) 2. Nantucket Islands Land Bank —17 Commercial Wharf & Unnumbered Lot New Whale Street (42.2.4 -7 & 8) SE48 -2885 (Cont. 07/26/2017) 3. Nantucket Community Sailing — 2 Bathing Beach Road (29 -2) SE48 -2953 (Cont. 07/12/2017) 4. Van Den Born —135 Wauwinet Road (11 -12) SE48 -2961 (Cont. 06/21/2017) 5. Joan D. Pratel Nantucket Trust —12 North Liberty Street (42.3.4 -171) SE48 -2963 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell & Assoc. — Explained the minor increase of the structure's proximity to wells. Brian Madden, LEC Environmental — Reviewed the 3 -year invasive species management plan; invasive species include: Japanese knotweed, bittersweet, and garlic mustard. The goal is to restore Nantucket native species within the management area. There are two willow trees being choked by the bittersweet. Public None Discussion (4:26) Steinauer — He has the best luck cutting the bittersweet and paint the outer ring; it is resistive to glyphosate. Champoux — Said triclopyr is a better treatment for Japanese knotweed. Erisman — The knotweed will be cut in late June to July; asked when it would be treated. Madden — September. Erisman — Asked about the structure. Blackwell — At the first meeting, it was to have a full basement; the soils observed today are consistent with the "reputation of the area" and a full basement is not practical; it will have a crawl space. Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 6. Rabil III & Rabil —141 Cliff Road (30- 1,2,3,4,5,6,7) SE48 -2972 (Cont. 06/21/2017) 7. Martin — 77 Squam Road (13 -10) SE48 -2975 (Cont. 06/21/2017) Page 1 of 3 Minutes for June 7, 2017, adopted Tune 21 8. *17 Massachusetts Ave Nominee Trust— 17 Massachusetts Avenue (60.3.1 -315) SE48 -2974 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Miroslava Ahern, Ahern LLC Landscape Design Studio — This is for vegetative restoration and structural work in previously disturbed area Wish to place movable decks in the yard and plant a privet hedge. All work is between the 25 -foot and 100 -foot buffer to the coastal dune. The goal of the privet is to create some privacy. Susan Zises Green, owner Public None Discussion (4:38) Champoux — He's not so concerned about water usage and privet in a coastal area; looking at environmental impact, he doesn't believe the privet will destabilize anything. Erisman — Bayberry is more tolerant of salt spray and air. Privet is out of place in a dune area. Golding — Privet survives Nor'easters in `Sconset; it should survive here. Steinauer — It must stop at the 25 -foot buffer. Privet is better than Rosa Rugosa or Black Pine. Green — She would prefer privet because it matches what neighbor on the right has. They will grow it organically; no chemicals will be used. Champoux — Must ensure the privet does not encroach into the 25 -foot buffer. Staff Resource areas are coastal dune and land subject to coastal storm flowage. Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 9. *Ack Luck Realty Trust —11 Old Westmoor Farm Road (41 -828) SE48 -2973 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental — This is for an enhancement project for the 25 -foot buffer to a bordering vegetated wetland of a small unnamed pond. There used to be a driveway in the 25 -foot buffer, that area will be restored. Erosion control will consist of a silt fence and bales. The weeping love grass and root systems will be separated from soil and put through the digester. Loam will be added as necessary. Reviewed the proposed native species to be used. Explained how the slope would be stabilized until plants come in. A lot of work will have to be done by hand because of the slope. There is no request to use herbicides. The project will be monitored for a couple of years. Public None Discussion (4:48) Steinauer — Looking at the species list: the ox eye daisy is an exotic species though not invasive and is somewhat ephemeral; the early golden rod has not been found recently on the Island. Staff The siltation barrier at the base of the slope provides the opportunity to set sprayers to spray up the slope. Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Topham) Vote Carried unanimously III. PUBLIC MEETING A. Certificates of Compliance 1. Thompson —14 Fargo Way (14 -17) SE48 -2645 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Reviewed changes to on -going Conditions 21, 22, 24, 26, 27, and 28. Listed discontinued conditions. Recommend this be issued with the above listed on -going conditions and a survey done once a year. Representative Roy Thompson, owner — The description in the document pretty well covers what work was done. He wants to focus on continued maintenance. They have been 3.5 years with no adverse effects; feels the Order of Conditions should have a building phase and a maintenance phase rather than all lumped together. If there is an adverse effect, the first way it will be noted is from someone out there. He would like to consolidate into one report the visual monitoring with the report on nourishment and repair during the course of the year. The cost of one survey, which is required twice a year, is $10,000 and is very time consuming; asked to discontinue the survey. Public Edie Ray — The bio- degradable bags will break down; non -bio- degradable bags survive for a long time. Discussion (5:02) Discussion about the mean high water line. Thompson — He would like to convert the coir bags to a material that survives more than three years, such as what is being used by the `Sconset Beach Preservation Foundation. Golding — The geo -tubes in `Sconset do not leach sand and so are considered hard armoring. Erisman — The coir tubes mimic nature by allowing water to seep in and not creating high- energy waves. Thompson — Noted that the most damage has occurred on the western end of the project; that's where the bags have had to be replaced. Discussion about the change in Nantucket weather pattern, increase in northwest winds and storms. Thompson — Explained how he notifies Mr. Carlson of any work. The 20 -20 -10 mix is what the supplier is digging and so is standard; getting that analyzed takes time consuming; asked that report be discontinued. Erisman — She doesn't want to change what is being done as it seems to contribute to no adverse impact Discussion about continuing the survey under on -going conditions but requiring only once a year. Motion Motion to Issue as recommended and amended. (made by: Steinauer) (seconded by: Golding) Vote Carried unanimously Page 2 of 3 Minutes for June 7 2017 adopted Tune 21 B. Orders of Condition 1. Joan D. Pratel Nantucket Trust —12 North Liberty Street (42.3.4 -171) SE48 -2963 Sitting Bennett, Erisman, Steinauer, LaMeur, Champoux, Golding, Topham Staff He will draft up an order of conditions for review at the June 21 meeting. Discussion (5:43) None Motion N/A Vote N/A 2. *17 Massachusetts Ave Nominee Trust — 17 Massachusetts Avenue (60.3.1 -315) SE48 -2974 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Reviewed discussions he had with Ms Ahern. Discussion (5:45) None Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 3. *Ack Luck Realty Trust —11 Old Westmoor Farm Road (41 -828) SE48 -2973 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Condition 23 requires notification about removal of irrigation; can add temporary irrigation is to be directed away from resource area. Discussion (5:48) None Motion Motion to Issue as amended. (made by: Golding) (seconded by: Champoux) Vote Carried unanimously C. Other Business 1. Approval of Minutes for 5/22/2017 & 5/24/2017: adopted by unanimous consent. 2. Enforcement Actions (5:49) a. 315 Polpis Road update Sitting Bennett, Erisman, Steinauer, Lafleur, Champoux, Golding, Topham Staff Will be visiting the site with the owner of 321 Polpis Road to ascertain her concerns with what is being done. Discussion None b. Polpis Road new issue Sitting Bennett, Erisman, Steinauer, LaReur, Champoux, Golding, Topham Staff Will be looking at another enforcement issue in the area. Discussion None c. Shimmo rock wall update Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Met on the site with the engineer and attorney; the now owner knows he has to fix or repair to get the bulkhead back into the permitted condition and remove the unpermitted fill behind the bulkhead. They have asked for a couple of weeks to figure out how to do that. Should have a plan at the June 21 meeting. Discussion None d. Nanhumacke Lane new issue Sitting Bennett, Erisman, Steinauer, LaReur, Champoux, Golding, Topham Staff He can go look at it and will speak with Ms Molden outside the meeting. Discussion Bennett — Asked about grading off of a road near some wetlands. Emily Molden, Nantucket Land Council — She knows what is going on and the work has stopped. 3. Reports: a. CPC, Golding b. NP&EDC, Bennett c. Mosquito Control Committee, Erisman 4. Commissioners Comment a. Comment 1 b. Comment 2 5. Administrator /Staff Reports a. Reminder that at the Board of Selectmen meeting tonight, the Water Quality Initiative will be reviewed with the Natural Resources, Health Department, and Department of Public Works. Motion to Adjourn: 6:02 p.m. Submitted by: Terry L. Norton Page 3 of 3