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HomeMy WebLinkAbout2018-4-11Commissioners Minutes for April 11 2018 adopted Apr. 25 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov Wednesday, April 11, 2018 4 Fairgrounds Road, Training Room — 4:00 p.m. o m Andrew Bennett(Chair), Ashley Erisman(Vice Chair), Ernie Steinauer, David LaFleyys, Ben Champoux, Ian Golding, Joe Topham Called to order at 4:00 p.m. J Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker Attending Members: Bennett, Erisman, Steinauer, Champoux, Golding 3 Remote Participation: Per 940 CMR 29.10, Golding is participating remotely due to illness. p Absent Members: LaFleur, Topham Late Arrivals: None Earlier Departure: Golding, 6:11 p.m. Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Announcements B. Public Comment: Marjory Trott, 8 Dukes Road, & Chris Witte, 44 Dukes Road — Presented photos of an algae bloom in the marsh on Chuck Lenhart's property at the comer of Dukes Road and Crooked Lane; the marsh on the other side of the road is clean. It is getting larger rather quickly. Carlson — It might not be related to the Dukes Road sewer issue, which has some issues to address before contemplation of the Certificate of Compliance. He will send Kaitlyn Shaw, the water expert, to test it. II. PUBLIC HEARING A. Notice of Intent 1. Mary D. Starr —19 East Creek Road (55-60) SE48-2985 (Cont 04/25/2018) 2. Mary & Robert M. Haft — 43 Cliff Road, 60 North Beach Street & 8 Stone Barn Way (29-41 & 86 & 911) SE48-3052 Sitting Bennett, Erisman, Steinauer, Champoux, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering Public None Discussion (4:07) Rits — This has been reduced to just the stairs and a small walkway outside the 50 -foot buffer to the wetland- There etlandThere will be no work within the 50 -foot buffer. Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Champoux) Voice Vote Carried unanimously: Golding -Aye; Erisman-Aye; Bennett -Aye; Champoux-Aye; Steinauer-Aye 3. 21 Crooked Lane, LLC —1 West Chester Street Extension (41-480 portion) SE48-3064 (Cont 04/25/2018) 4. Nantucket Islands Land Bank — 48 & 50 Tennessee Avenue (59.4-93) SE48-3062 (Cont 05/02/2018) 5. 42/44 ARB way, LLC — 42 & 44 North Beach Street (29-132 &137) Arbour Way SE48-3063 Sitting Bennett, Erisman, Steinauer, Champoux, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative David M. Haines, Haines Hydrogeologic Consulting Kris Horiuchi, Horiuchi Solien Public Cormac Collier, Executive Director Nantucket Land Council (NLC) Discussion (4:12) Haines — This is for landscaping and invasive species removal - Knotweed and Phragmites. There were concerns about the grading and disposal of the invasive species material. The proposal is to dispose of it in the Landfill compost pile; if that is not acceptable, soil treated before taken to the Landfill. Steinauer — Noted that the digester reaches 50 degrees or higher when it gets up to speed; for everything to die it has to stay under 48 degrees. It's better to kill it all first then remove the soil. Erisman — By bringing in foreign soil, that opens the possibility of contamination. We normally frown on removing all the soil and replacing it with "foreign" soil. Champoux — The applicant is at the merry of what the Landfill is telling them about the digester. Suggested looking into it further to see what is viable. Horiuchi — Explained the profile for the base of the artificial turf and the sand bunkers. Champoux — Suggested they reuse material taken from the bunker area to minimise the introduction of foreign soil. Haines — There will be no dewatering. Explained where the grade will be added to. Erisman — Asked about the replanting of the buffer area. Page 1 of 7 for April 11, 2018, adopted Apr. 25 Collier — Confirmed that the area of Phragmites had not been tested for hydric soils; feels that area should have a soil analysis done. There are pockets wetlands all over that area; he's concerned about "Augustus" being created in an area of high ground water. Haines — He looked at that area specifically; it wasn't called a wetland before; he looked at the soil and it isn't hydric. Staff He did a full site review and confirmed the wetland data; he didn't see any areas of critical concern. The only wetlands in their records is the one shown on the plan. The resource area has been correctly reviewed. Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: Steinauer) Voice Vote Carried unanimously: Golding -Aye; Erisman-Aye; Bennett -Aye; Champoux-Aye; Steinauer-Aye 6. Gre ry Reyes —19 East Creek Road (55-160) SE48-3065 (Cont 04/25/2018) 7. *Tessa B. Cressman — 3 Wauwinet Road (20-57) SE48-3071 Sitting Bennett, Erisman, Steinauer, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public None Discussion (4 32) Gasbarro — This is for residential work within the buffer to a bordering vegetated wetland. A waiver is requested for separation from groundwater for the bottom of the footings. Dewatering would be temporary and outside the 100 -foot buffer. It is within a Natural Heritage and Endangered Species Program (NHESP) area. Massachusetts Natural Heritage (MNH) signed off because it is within the work area of the previous NOL They will be maintaining greater than 50% between the no -disturb buffer and the work zone. The septic is outside the 100 -foot buffer. Asked for a continuance Staff This can't be closed because we haven't heard from NHESP. Motion Continued two weeks by unanimous consent. Voice Vote N/A 8. *Bartlett Farm, LLC — 39 Bartlett Farm Road (65-16) SE48- sitting Bennett, Erisman, Steinauer, Champoux, Golding Documentati n Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors John Bartlett, owner & Manager Public None Discussion (4:7) Santos — This is for an addition to an existing solar array. The existing array is outside ConCom jurisdiction. The resource areas for the expansion are: a bordering vegetated wetland and farm pond with associated bordering vegetated wetland. The area under the arrays is within the 100 -foot buffer and will be fertilized with organic fertilizer and left to revegetate. Department for Environmental Protection (DEP) recently developed a program policy in regards to solar arrays; this is the type of application in which they prefer to see arrays placed. There is a requirement to apply under the Stormwater Act and that has been filed. There is a small comer that will be within the 25 -foot no -disturb and 50 -foot no -build zones. This project is all within a previously disturbed area; he has requested a waiver under no adverse impact Erisman — She's uncomfortable with any of this going within the 25 -foot no -disturb buffer and feels the fence should be moved. Asked if there would be batteries to collect the energy within the resource area. Bartlett — No plan to do so at this time. The fence has been long established. The installation of the arrays is only the insertion of the posts. Champoux — There is only a little comer in the 25 -foot no -disturb buffer, that should be moved. Golding — Concerned about the access along the fence being used as a road. He would like the panels moved outside the 25 -foot buffer. Bartlett — There will be no road along the fence; it will remain sod. Santos — There would be no need to use the access for maintenance vehicles. Asked for a continuance. Staff This can't be closed because it still needs a DEP file number. Motion Continued two weeks by unanimous consent. Voice Vote N/A 9. *Dani 1 J. & Maria J. Gallagher — 45 Millbrook Road (56-232) SE48-3066 Sitting Bennett, Erisman, Steinauer, Champoux, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public None Discussion (4: 3) Gasbarro — This is for the upgrade of failed septic within the 100 -foot buffer, asking for a waiver for it to be within the 100 -foot buffer under no reasonable alternative and net benefit Staff Every leach facility has some adverse impact but the net benefit is that is reduced. Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: Steinauer) Voice Vote Carried unanimously: Golding -Aye; Erisman-Aye; Bennett -Aye; Champoux-Aye; Steinauer Aye Page 2 of 7 Minutes for April 11 2018 adopted Apr. 25 10. *Elizabeth Bagley Descendants Trust —123 Eel Point Road (33-15) SE48-3068 Sitting Bennett, Erisman, Steinauer, Champoux, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Seth Wilkinson, Wilkinson Environmental Public None Discussion (4:56) Gasbarro — This is for a coastal stabilization project; solid 9 -roll coir array with coir netting and plant plugs on the upper bank. He will provide a revised drawing that shows a 10 -foot separation at the west end and proposed placing extra sand there. This array abuts the approved project to the east. Included the rate of erosion and the projected replacement volume. Vehicle access to the beach will be at Pole 40d. Wilkinson — Similar arrays have performed as intended this past year. From half -way up the array to the top of the bank will be planted; currently it is not frilly planted. Reviewed the plants to be used. Golding — Feels this is hard armoring masquerading as coir rolls; suggested a condition, as required of 'Sconset Beach Preservation Foundation (SBPF), that in the event a storm uncovers the rolls, they have a limited time period in which to recover the rolls. Wilkinson — Feels there is a very big difference between this and SBPF; reviewed those differences. Plantings will start about half way up the bank. UV is the biggest driver for degradation of the fibers; exposure occurs mostly in the winter so in the summer they are usually covered when the W is highest. Erisman — They have to report within 24 hours of a storm event; that report would include whether or not the rolls are covered. Bennett — He's with Mr. Golding on the need to have a condition requiring recovering the rolls within a specified time. The calculation is about 400 cubic yards per year of replacement sand. Gasbarro — Feels the conditions in place reflect their best efforts to keep the rolls covered. He's concerned about what would happen if for some reason they can't get the rolls recovered in the requisite time. Golding — In that case, they can always ask ConCom for an extension. He prefers it be a condition. Steinauer — Asked if there had been any evidence of end scour on the existing projects. Gasbarro — There has been some within 10 or 12 feet; that's why he wants to revise the plan to show that. Wilkinson — This design can better trap the energy that causes end scour. Erisman — Her concern would be end scour wearing away the west end clay feature. Gasbarro - Asked for a two-week continuance. Staff Repairs to structures like this tend to happen pretty quickly; the owners don't want them to degrade. Explained the failure criteria for this style of project. Suggested a wording for the condition that would set time for recovering the rolls. This can't be closed; we are waiting to hear from MNH. Motion Continued two weeks by unanimous consent. Voice Vote N/A 11. *Nantucket Electrical Company —1 Candle Street (42.3.1-93) SE48-3070 Sitting Bennett, Erisman, Steinauer, Champoux, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Melissa Kaplan, BSC Group Public None Discussion (5:23) Kaplan — This is to change the flood control sandbags to plastic FLOODSTOP modular barriers and reduce the use to just around the switch gears. Working on long-term flood control measures to relocate the switch gears. The only resource area is land subject to coastal storm flowage. Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Champoux) Voice Vote Carried unanimously: Golding -Aye; Erisman-Aye; Bennett -Aye; Champoux-Aye; Steinauer-Aye 12. *Nantucket Conservation Foundation (NCF) — Pest House Pond Shimmo Pond Road (43-155) SE48-3067 Sitting Bennett, Erisman, Steinauer, Champoux, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Arthur D. Gasbarro, Nantucket Engineering & Survey Public Cormac Collier, Executive Director NLC Discussion (5:27) Gasbarro — This is for installation of a valve for the outfall pipe to control outflow; there have been incidents of blue-green algae in the pond, which they don't want getting into the harbor. Explained how the work will be done to minimize damage to the resource area. NCF has installed a water -level data logger, which is accessible from one of the existing walking paths. The valve will be located where it isn't subject to tidal action. Golding — Asked how the pipe goes into the harbor. Gasbarro — The pipe is on the beach in the intertidal zone. Collier — NLC has a conservation restriction on the abutting property. They are concerned about the amount of freshwater going into the harbor. The valve should not be fully opened in June or July dumping nutrient - laden water into the harbor. Ms Shaw mimicked his concerns. Right now the flow is more natural and related to the rise and fall of ground water. Page 3 of 7 Minutes for April 11 2018 adopted Apr. 25 i Gasbarro —That point will be brought to NCF staff and this could be conditioned with the flow rate to be controlled. Erisman — Asked if the valve is covered and locked so that laypersons can't open it. Gasbarro — He hadn't thought about locking it; you have really look for it. He sees Ms Erisman's point and he'll look into; but this is at elevation two while the houses are all on much higher elevations. NCF is planning some kind of treatment for the algae but that will be under another NOI. Staff He has spoken with NCF about the various options available to clean it up while keeping the algae contained. There's probably some locking mechanism that can be put on it even though it is hard to find. Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: Steinauer) Voice Vote Carried unanimously: Golding -Aye; Erisman-Aye; Bennett -Aye; Champoux-Aye; Steinauer-Aye 13. *Michael & Alexandra Glazier — 57 Madaket Road (41-201.2) SE48-3069 Sitting Bennett, Erisman, Steinauer, Champoux, Golding Documentati n Site and topographical plans, photos, requisite departmental reports and correspondence. Representati e Kent Murphy, Nantucket Design Public Anne Mendelsohn, 43 Crooked Lane Discussion (5 41) Murphy — This is for a 3X7 addition on a previously approved deck and move the stairs and outdoor shower, which is proposed within the 50 -foot buffer. This is for a vent to a gas fireplace. Mendelsohn — There are a great many birds in the area. She submitted the letter of concerns about the noise. The plan calls it a furnace. Murphy — There will be less noise than from the furnace and A/C. Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: Steinauer) Voice Vote Carried unanimously: Golding -Aye; Erisman-Aye; Bennett -Aye; Champoux-Aye; Steinauer-Aye B. Amended Orders of Conditions 1. Rabbit Run Road I, LLC & Rabbit Run Road II, LLC (c/o Day Pitney LLP) — 22, 24, 26 Rabbit Run Road (43-180; 28-88:9) SE48-2664 Sitting Bennett, Erisman, Steinauer, Champoux, Golding Documentati n Site and topographical plans, photos, requisite departmental reports and correspondence. Representativ e Brian Madden, LEC Environmental Public None Discussion (5:48) Madden — The amendment reflects configuration changes resulting from the Historic District Commission (HDC) approval and the driveway moving from 26 Rabbit Run Road to 24 Rabbit Run Road out of the 50 - foot buffer zones. No construction work has begun, just some brush clearing. Limit of work will be about 30 feet from the resource area. The septic system is outside the buffer zones. Staff Most work is the same; the major change is moving the driveway and called for an amendment. Recommends this be closed and issued. Motion Motion to Close and Issue. (made by: Steinauer) (seconded by: Champoux) Voice Vote Carried unanimously: Golding -Aye; Erisman-Aye; Bennett -Aye; Champoux-Aye; Steinauer-Aye III. PUBLIC MEETING A. Reqursts for Determination of Applicability 1. Richard & Irene Frary — 43 Pocomo Road (15-20) Sitting Bennett, Erisman, Steinauer, Champoux, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Arthur D. Gasbarro, Nantucket Engineering & Survey Public None Discussion (5:55) Gasbarro — This is for an addition that would be about 95 feet from a policy coastal bank. Staff Recommend approval as a Positive 2a on the resource boundary and Negative 3 for work in the buffer zone. Motion Motion to Approve as recommended. (made by: Steinauer) (seconded by: Champoux) Voice Vote Carried unanimously: Golding -Aye; Erisman-Aye; Bennett -Aye; Champoux-Aye; Steinauer-Aye B. Minor Modifications 1. 34 Western Avenue Surfside, LLC — 34 Western Ave (87-82) SE48-3057 Sitting Bennett, Erisman, Steinauer, Champoux, Golding Documentatic n Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental Public None Discussion (5: 8) Madden — The modification reflects changes resulting from the HDC approval. Staff Recommend approval as a minor modification. Motion Motion to approve as a minor modification. (made by: Steinauer) (seconded by: Champoux) Voice Vote Carried unanimously: Golding -Aye; Erisman-Aye; Bennett -Aye; Champoux-Aye; Steinauer-Aye Page 4 of 7 Minutes for April 11 2018 adopted Apr. 25 2. Richard Phillips, Trustee —19 East Tristam Avenue (31-4.1) SE48-3034 Sitting Bennett, Erisman, Steinauer, Champoux, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors Public None Discussion (6:00) Santos — The beach house is being moved to the eastern side higher on the lot still outside the 50 -foot buffer. The NHESP limit is south of here. Staff Recommend this be approved. Motion Motion to Approve as a minor modification. (made by: Champoux) (seconded by: Steinauer) Voice Vote Carried unanimously: Golding -Aye; Erisman-Aye; Bennett -Aye; Champoux-Aye; Steinauer-Aye 3. Brass Lantern, LLC —11 North Water Street (42.4.2-54.1) SE48-2914 Sitting Bennett, Erisman, Steinauer, Champoux, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors Public None Discussion (6:02) Santos — This site is in land subject to coastal storm flowage. This is for the addition of a brick patio and pergola at the lower portion of the lot. No change in grade. There is a stormwater drainage designed for the brick patio. Staff Being a commercial property, they were required to file for a more intensive stormwater component. Recommend approval. Motion Motion to Approve as a minor modification. (made by: Steinauer) (seconded by: Champoux) Voice Vote Carried unanimously: Golding -Aye; Erisman-Aye; Bennett -Aye; Champoux-Aye; Steinauer-Aye 4. Cheever — 23 Monomoy Road (54-205) SE48-3061 Sitting Bennett, Erisman, Steinauer, Champoux, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental Public None Discussion (6:05) Madden — This reflects the addition of a retaining wall. Staff Recommend approval. Motion Motion to Approve as a minor modification. (made by: Champoux) (seconded by: Steinauer) Voice Vote Carried unanimously: Golding -Aye; Erisman-Aye; Bennett -Aye; Champoux-Aye; Steinauer-Aye C. Certificates of Compliance 1. Dworetzky & Banse —1 Hornbeam Road (21-118.2) SE48-1723 Sitting Bennett, Erisman, Steinauer, Champoux, Golding Staff This closes out an order of condition in which no work was done. Discussion (6:07) None Motion Motion to Issue. (made by: Steinauer) (seconded by: Champoux) Voice Vote Carried unanimously: Golding -Aye; Erisman-Aye; Bennett -Aye; Champoux-Aye; Steinauer-Aye 2. Pippins Way, LLC —11 & 15 Pippins Way (43-94.2,94.3) SE48-2655 Sitting Bennett, Erisman, Steinauer, Champoux, Golding Staff None Discussion (6:08) Jeff Blackwell, Blackwell Engineering — This order was only partially completed, removal of existing buildings and further work was superseded by later Orders of Conditions in regards to redevelopment of the lots. Motion Motion to Issue. (made by: Champoux) (seconded by: Erisman) Voice Vote Carried unanimously: Golding -Aye; Erisman-Aye; Bennett -Aye; Champoux-Aye; Steinauer-Aye 3. Duke 53,LLC — Dukes Road Sewer System) SE48-2728 (Cont 04/25/2018) 4. Rabbit Run Rd I, LLC & Rabbit Run Rd II, LLC (c/o Day Pitney LLP) — 24 Rabbit Run Rd(28-8) SE48-2640 Sitting Bennett, Erisman, Steinauer, Champoux, Golding Staff This invalidates the old order upon which no work was done. Discussion (6:09) Brian Madden, LEC Environmental — This was specific to the primary dwelling and has been superseded by the previously approved Amended Order of Conditions. Motion Motion to Issue. (made by: Steinauer) (seconded by: Champoux) Voice Vote Carried unanimously: Golding -Aye; Erisman-Aye; Bennett -Aye; Champoux-Aye; Steinauer-Aye D. Orders of Condition 1. Mary & RobertM. Haft— 43 Cliff Rd, 60 North Beach Street & 8 Stone Bam Way (29-41 & 86 & 911) SE48- 3052 Sitting Bennett, Erisman, Steinauer, Champoux Staff This is for stairs down a slope into a buffer zone. Discussion (6:11) None Motion Motion to Issue as drafted. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously Page 5 of 7 I Minutes for April 11, 2018 adopted Apr. 25 2. 42/44ARB way, LLC — 42 & 44 North Beach Street (29-132 &137) Arbour Way SE48-3063 Sitting Staff Discussion Motion Vote 3. Da Sitting Staff Discussion Motion Vote 4. Na Sitting Staff Discussion Motion Vote 5. Na Sitting Staff Discussion Motion Vote 6. Mid Sitting Staff Discussion Motion Vote E. Ext 1. 181 Sitting Staff Discussion Motion Vote 2. Oak Sitting Staff Discussion (i Motion Vote Bennett, Erisman, Steinauer, Champoux He doesn't know the answer about the compost at the landfill and the applicant should investigate that further but he'll look into it. The seed mix is part of the narrative plans. He will add Condition 26 that all excavated material is to remain on site. 12) Steinauer — The material has to be over 100 degrees for 18 to 20 days to thoroughly destroy the plant material. Champoux — It is in their best interest to control it on their property. Cormac Collier, NLC — Sometimes at the Landfill, the compost isn't allowed to cure sufficiently before they sell it; when a person takes it, it's still cooking. Discussion on ways to condition handling the invasive species material so it won't spread. Motion to Issue as amended. (made by: Champoux) (seconded by: Steinauer) Carried unanimously I J. & Maria J. Gallagher — 45 Millbrook Road (56-232) SE48-3066 Bennett, Erisman, Steinauer, Champoux This is a straight forward septic upgrade. 18) None Motion to Issue as drafted. (made by: Steinauer) (seconded by: Champoux) Carried unanimously tcket Electrical Company —1 Candle Street (42.3.1-93) SE48-3070 Bennett, Erisman, Steinauer, Champoux He has to change the description of the product being installed. It's pretty straight forward. 18) None Motion to Issue as amended. (made by: Steinauer) (seconded by: Champoux) Carried unanimously icket Conservation Foundation — Pest House Pond Shimmo Pond Road (43-155) SE48-3067 Bennett, Erisman, Steinauer, Champoux Will add Condition 21 requiring the valve to be secure and tamper proof Condition 22 will address the maximum flow. They have to inform the office at least two days in advance before opening the valve. 20) Bennett — We wanted something about locking the valve and about only being cracked open to prevent maximum discharge. Discussion on how to word a condition in regards to opening the valve. Cormac Collier, NLC — Suggested wording, `Within 30 days of issuance a flow calculation number will be presented and approved by staff." Discussion about the flow rate through the pipe versus the flow rate of other Island streams. Motion to Issue as amended. (made by: Steinauer) (seconded by: Champoux) Carried unanimously el & Alexandra Glazier — 57 Madaket Road (41-201.2) SE48-3069 Bennett, Erisman, Steinauer, Champoux Reminded the board that they have to condition the project as it relates to the interests ConCom is protecting. !8) None Motion to Issue as drafted. (made by: Champoux) (seconded by: Steinauer) Carried unanimously .sion Requests turus Trust —181 Eel Point Road (33-21) SE48-2788 Bennett, Erisman, Steinauer, Champoux This can be continued for two weeks for a full board; it won't expire until mid June. 9) Champoux — He has to recuse. Continued for two weeks by unanimous consent. N/A .ollow Realty Trust —12A Oak Hollow Lane (56-128.1) NAN-116 Bennett, Erisman, Steinauer, Champoux They are in compliance so far; looking for three one-year extensions. 8) None Motion to Issue three one-year extensions. (made by: Steinauer) (seconded by: Champoux) Carried unanimously Page 6 of 7 Minutes for April 11 2018 adopted Apr. 25 F. Other Business 1. Repair Activity Notice: Phillips, Trustee — 19 East Tristam Avenue (31-4.1) SE48-3034 Sitting Bennett, Erisman, Steinauer, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors Staff Repair work is done under Condition 28 then the applicant has 20 days to provide the survey showing the repairs. The commission can then take that plan and compare it to conditions in 1994 and contemplate Condition 27 as to whether or not nourishment is necessary. They should then submit a new NOI for beach nourishment. Once this is issued, they have 30 days to complete the repairs. No vote is necessary, this is just informational. Discussion (6:32) Santos — There is an on-going set of conditions that says minor repairs to the revetment are allowed provided the applicant submits a request for approval prior to any repair work being done. Explained the proposed repair work. This is the second time work is being done since the original 1994 Order of Conditions were issued. Over time, this stone revetment has been exposed; it was initially buried. Cormac Collier, NLC — In relation to on-going Conditions 26 & 27, asked if they have been providing measurements annually and if the commission has determined whether or not any nourishment is possible. Santos — This property is under new ownership and he has no record of that being done. The New owner is aware of these repair conditions. Mr. Golding brought up and we will be looking at it. He's in discussion with abutters about connecting the two structures. Collier — Condition 26 was trying to create a walkable beach; what happens now that it hasn't been enforced. Somebody is not in compliance with the order and resolution of the non-compliance should be connected to Condition 28, the repair work. He doesn't believe there is a way to recreate a walkable beach here. Santos — He thinks he can gather enough historical data starting in 1994 to establish rate of retreat of the beach; he has the 1994 as built. 2. Approval of Minutes 03/21/2018 and SBPF Minutes 03/28/2018: adopted by unanimous consent. 3. Enforcement Actions a. 133 Polpis Road Sitting Bennett, Erisman, Steinauer, Champoux Documentation Photos Staff Significant brush cutting was done at this site from the house to the bike path with portions possibly within the 100 -foot buffer of a wetland and would require a filing. He'd like to get onto the property to study the wetland, which seems to be growing; portions where it is flooding might be acting as a vernal pool. Representative None Discussion (6:44) Clarification of where the brush cutting occurred and the location of the wetland. Motion Motion to Issue the enforcement action. (made by: Erisman) (seconded by: Champoux) Vote Carried unanimously b. 54 Miacomet Avenue Sitting Bennett, Erisman, Steinauer, Champoux Documentation Photos Staff 54 abuts the west side of the pond; a landscaper cleared from the edge of the lawn to the pond and cut everything. They also dumped all the cuttings onto Land Bank property on the east side of the pond. The Land Bank is in the process of quantifying how much was dumped. One photo shows the cutting being transported across the pond by kayak. The landscaper stated the owner told him all the permits were in place; he has had run-ins with this landscaper doing unpermitted work before. The owner is listed as Edwin Gdlkin and the landscaper is Shortcut Landscaping. He wants to start the ticketing process and bring the owner in to start the necessary restoration work and clean up the Land Bank property. He talked to DEP about punitive fines. Representative None Discussion (6:49) Cormac Collier, NLC — Asked who the owner and landscaper are. Erisman — The illegal dumping component is really bad. The kayak probable belongs to the property owner. The Land Bank could also press charges. Motion Motion to Issue the enforcement action. (made by: Erisman) (seconded by: Champoux) Vote Carried unanimously 4. Reports: a. None 1. Commissioners Comment a. Steinauer — NLC had an pesticide education class; the two herbicides we recommend most have been thoroughly vetted and considered to be the best alternatives: tryclopere and glyphosate. 2. Administrator/Staff Reports a. None Motion to Adjourn: 7:00 p.m. Submitted by: Terry L. Norton Page 7 of 7