HomeMy WebLinkAbout2018-5-16Minutes for May 16 2018 adopted May 30
CONSERVATION COMMISSION
PUBLIC MEETING N A 14.' i � w
2 Bathing Beach Road T () MVV
Nantucket, Massachusetts 02554 C L E R . .
www.nantucket-ma.gMAY
ov 201
Wednesday, May 16, 2018 31 AM 8: 25
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 4:03 p.m.
Staff in attendance: Joanne Dodd, Natural Resources Office Administrator; Terry Norton, Town Minutes Taker
Attending Members: Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Absent Members: LaFleur
Late Arrivals: None
Earlier Departure: None
Agenda adopted by unanimous consent
*Matter has not been heard
I. PUBLIC MEETING
A. Announcements
B. Public Comment — None
II. PUBLIC HEARING
A. Notice of Intent
1. Mary D. Starr —19 East Creek Road (55-60) SE48-2985 (Cont 05/30/18)
2. Gregory Reyes —19 East Creek Road (55-60) SE48-2985 (Cont 05/30/18)
3. 21 Crooked Lane, LLC —1 West Chester Street Ext. (41-480 portion) SE48-3064 (Cont 05/30/18)
4. Siasconset Beach Preservation Fund (SBPF) — 59-119 Baxter Road (49;48 -various) SE48- (Cont 05/30/18)
5. Margaret T. Cunningham, Trustee —103 & 105 Eel Point Road (32-5&6) SE48-3076
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Mark Rits, Site Design Engineering
Public Emily Molden, Nantucket Land Council
Edie Ray
Discussion (4:04) Rits — This is for coastal bank stabilization with coir rolls and plantings "Wilkinson Array"; reviewed
calculations of coastal bank retreat rates, sediment contribution and nourishment volume, and planting list.
Couldn't get a site plan from Wilkinson Environmental.
Golding — Read the definition of a coastal engineering structure (CES), which contradicts the applicant's
comment that this is not a CES. In regards to the claim there is no reasonable alternative; he pointed out that
the regulation indicates ConCom has no legal obligation to protect a post 1978 structure; it is ConCom's job to
protect the marine environment.
Rits — In the past, this commission has treated a bio -engineering project as not a CES when there is a
significant planting component.
Erisman — Asked about the amount of replacement sand and how it would be delivered.
Rits — He is expecting a low replacement volume; the intent is to work in conjunction with the abutting
structures to use their access as well as access from 401b Pole. The bank is only 10 feet high.
Erisman — Asked if he has an idea of how much excess sand might be provided per year.
Rits — The average annual retreat rate is 104.4 cubic yards (CY) for the entire site; our proposed contribution
rate is about 90 CY for each nourishment event. In the past, this commission has required that the rolls remain
covered; the goal is to maintain a reasonable cover.
Erisman — This project indicates how hard it is to mimic nature; also during renourishment, heavy equipment
is on the beach, which isn't good for the beach.
Golding — Referenced a meeting in which the abutting property applicant represented the structures as pre -
1978; he did research and now has evidence they are not. The commission needs to be more diligent in that
respect.
Bennett — Agreed that ConCom has to revisit the issue of pre- and post -1978 structures.
Champoux — ConCom has approve other CES in the area; if we now deem these not appropriate, we need
advice from Town Counsel before denying this one. Agrees with need for ConCom to look at the impactt on
the surrounding marine environment.
Steinauer — ConCom needs to start monitoring how much sand is delivered on a yearly basis.
Page 1 of 6
Minutes for May 16 2018 adopted May 30
Molden — She would support reevaluating criteria. Thinks total volume of sand delivered should be part of the
annual report. Realizes more sand might be provided; it might be wise to include a condition that the minimum
of the annual retreat rate is provided.
Steinauer — He agrees with Ms Molden but wonders what happens if they are building up a surplus of sand.
Golding — He'd rather err on the side of caution especially after what was witnessed with the SBPF in March.
Ray — She had asked before that there be a study of the cumulative effect on the environment of all erosion -
control projects along the north shore. Asked if it is possible for ConCom to implement a moratorium on
these projects until that coastline impact study has been done.
Steinauer —That's a good question to ask Town Counsel.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Champoux) (seconded by: Steinauer)
Vote Carried unanimously
6. Town of Nantucket — 54 Low Beach Road (74-4) SE48-3079
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative None
Public None
Discussion (4:7) Erisman — Mr. Gibson was going to look into the building foundation. We could add that as a condition.
Champoux — There a many questions; this should be continued.
Staff We have heard back from Massachusetts Natural Heritage (MNH).
Motion Continued for two weeks to May 30 by unanimous consent.
Vote N/A
7. *Nan cket Islands Land Bank — Miacomet Pond (81 -non -assigned Great Pond) SE48-3077
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Ken Wagner, Resource Services
Rachel Freeman, Nantucket Islands Land Bank
Public Edie Ray, 16 Miacomet Avenue
Christian Matthews, Miacomet Conservation Association
Jim O'Connor, 3 Sand Eel Lane
Discussion (4: 8) Wagner — This is the fourth project on the third pond to control Phragmites. It is functionally the same as for
the other ponds. 2009 data indentified six small patches of phragmites; now there are about 30 patches. It is
still within our power to eradicate it and keep it down. Cited a similar project in the Berkshires that was very
successful.
Erisman — Asked if there was any regeneration of Phragmites after treatment on the other ponds.
Wagner — There was some but that has been taken care of. The other three island projects are doing well and
are scheduled for follow up in late August. This is not related to the illegal breaching and that had no impact
on the phragmites. It is planned to be a three-year project but might not take that long.
Steinauer — Asked how they ascertain the follow up treatment.
Wagner — Explained how they do that. Most of these are tight fringes about 10 feet wide and should respond
well to the spraying.
Golding — Asked about monitoring for invertebrates.
Wagner — That hasn't shown to be a problem here; looking for them would add to the cost Haven't had a lot
to show from these Phragmites projects in regards to impact; the spray doesn't have much toxicity on wild life.
Doesn't think they will need to use the Marsh Master. So far on Island, all cuttings have been done by hand.
Erisman — Would want the cutting conditioned to be done by hand. Asked about hydro -raking -
Wagner — Hydro -raking is a follow up action; it could stir up seeds.
Steinauer — The follow up work could be conditioned to come back as a minor modification or amendment.
Asked if this will be just on Land Bank property or for the whole pond.
Wagner — There are some private properties with Phragmites, a form for permission to do the work on private
land will go out to those land owners; most is on public land. The property owners have been notified about
this NOI.
Steinauer — Another concerns is that parrotfeather is showing up in Miacomet Pond. Make sure Hummock
Pond is done first to reduce the chance of it spreading from one pond to the next.
Freeman — Where the channel comes out of Virgil Pond, it's almost diagonally across from there on the east
side of the main pond.
Ray — A while ago, she spoke about her concerns in regards to the project approved for Hummock Pond
because the prior two projects had not had time to be reviewed. She has a chunk of Phragmites growing on her
property but wants to see an evaluation of the previous work on the other ponds first. She'd be interested in
knowing if this project is funded for the whole thing or if the money will drizzle out before it's all done.
Concerned about bringing in machinery. Asked about the timing.
Wagner — The spraying will start the last week in August.
Ray — Miacomet Pond is a huge stop -over for waterfowl. Concerned how the timing will impact those birds.
Golding —The impact on migrating birds is a legitimate concern.
Page 2of6
Minutes for May 16, 2018, adopted May 30
Page 3 of 6
Wagner — Waterfowl don't make use of Phragmites for habitat; also the State doesn't consider invasive species
as legitimate habitat. A lot of this can be done walking along the shore and spraying.
Erisman — Her concern is disturbing the pond on two different occasions when clip -and -drip would all
happen at the same time.
Discussion about how spraying then cutting dead stems before the next growing season is more efficient in
eliminating the Phragmites than clip -and -drip.
Wagner — Noted in the follow-up they could use a hydro -rake but doesn't think that will be necessary.
Bennett — We can condition this to not permit the hydro -raking.
Steinauer — This is the time to do this; if it is put off, it will become more labor intensive requiring machinery.
Wagner — This is a mix of ecological restoration and prevention. You want the native plants to be able to
come back in. Tim Simmons, Division of Ecological Restoration is a good source to talk to about this process.
Steinauer — He's talked to a lot of people about revegetation of larger treated areas with native plants; smaller
treated areas are allowed to revegetate on their own. We can condition that after three years if native plants
aren't coming in then planting should be done. He's talked to Mr. Simmons and he feels he would recommend
this project.
Matthews — We are in a situation to take care of the Phragmites and to support this project. We have full
funding to move forward with this and have about 85% participation. He feels there has been plenty of time to
see the impact on the other ponds and this is a much smaller area.
O'Connor — The northern part of the pond is dangerous because of the Phragmites if in a kayak or canoe.
Feels this is a disaster waiting to happen.
Ray — The dangerous card being plaid is not applicable to the Phragmites; the paddle gets caught in the aquatic
vegetation.
Bennett — Wants to continue this for submission of the permission forms for work on private property from
the property owners.
Golding — Suggested a condition that no spraying be done until all the permission forms and submitted.
Staff
Have everything needed to close.
Motion
Motion to Close. (made by: Topham) (seconded by: Steinauer)
Vote
Carried unanimously
8. Hans Dalgaard — 33 Madaket Road (41-409) SE48-3074 (Cont 05/30/18)
9. Boris & Desi Ivanov —139 Polpis Road (44-7.2) SE48-3082
Sitting
Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Documentation
Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative
Art Gasbarro, Nantucket Engineering & Survey
Public
Emily Molden, Nantucket Land Council
Discussion (5:08)
Gasbarro — We were waiting for a file number, which we now have. Reviewed the project.
Molden — This lot was brush cut not that long ago; within the 25- and 50 -foot buffers, the commission
normally allows only 50% to be cut. Asked that the area be allowed to regrow.
Gasbarro — The 50 -foot boundary wraps around through the yard area. Also, not sure the boundary is exact
for a man-made pond on the neighbor's property. There is an on-going enforcement on that adjacent property.
Noted a pond without a liner that might be developing that he did include its buffer. The 25 -foot buffer would
be allowed to regrow.
Molden — 25% of the 50 -foot buffer should be left undisturbed.
Gasbarro — Not requesting a waiver so a portion would be left undisturbed.
Staff
Have everything needed to close.
Motion
Motion to Close. (made by: Champoux) (seconded by: Steinauer)
Vote
Carried unanimously
10. *David S.
and Dorothy O. Bailey — 85 Sankaty Road (49-91) SE48-3080
Sitting
Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Documentation
Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative
Brian Madden, LEC Environmental
Public
None
Discussion (5:14)
Madden — This is for residential development of an empty lot; wetland determination was previously
established in 2017. Proposed structures are outside the 50 -foot buffer. Requesting a waiver for separation
from groundwater; foundation will be a water -proof mono -slab.
Erisman — Asked if the lawn extends into the 25 -foot buffer.
Madden — Conditioning on that is fine. This is currently an empty lot. Some brush cutting was done in the
past.
Staff
Have everything needed to close.
Motion
Motion to Close. (made by: Champoux) (seconded by: Topham)
Vote
Carried unanimously
Page 3 of 6
Minutes for May 16, 2018, adopted May 30
11. *Claire Y. Bingham —1 Pimny's Point (43-1) SE48-3081
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representativ Mark Rits, Site Design Engineering
Public
Discussion
Staff
Motion
Vote
None
19) Rits — This is for a small in -fill addition on an existing house and force -main sewer connection. This property
is all designated as a resource area. Work is solely within areas previously modified and disturbed. Requesting a
waiver for work within the resource area. They will pump and fill with sand the existing tight tank, which is
very large.
Erisman — She is concerned because the Performance Standards don't allow new construction in resource
areas.
Rits — The property and house pre -date the regulations and the addition is small; it won't have any new
impact to the site being place in the location of an existing deck on the landward side of the house. The
barrier beach is stabilized with a long-standing, small timber bulkhead.
Golding — In terms of the Performance Standards, Ms Erisman is correct about disallowing new construction
but only if new sand would be disturbed. There would be no new sand disturbance in this case.
Erisman — Asked for a condition to remove the tight tank should it become exposed.
Discussion about whether or not the addition falls under the Performance Standard for a coastal bank-
Have
ankHave everything needed to close.
Motion to Close. (made by: Steinauer) (seconded by: Golding)
Carried unanimously
III. PUBLIC MEETING
A. Requ sts for Determination of Applicability
1. Seiff 51 Millbrook Road (56-235 & 241.1)
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Jeff Blackwell, Blackwell & Assoc.
Public None
Discussion (5:'0) Blackwell — To amendment is to replace the failed septic system. Explained the new system.
Staff Recommend a Positive 2A and Negative 3.
Motion Motion to Approve as recommended. (made by: Steinauer) (seconded by: Champoux)
Vote Carried unanimously
2. 74 M nomoy Road Property Trust — 74 Monomoy Road (43-151)
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Jeff Blackwell, Blackwell & Assoc.
Public None
Discussion (5:33) Blackwell — This is to confirm the establishment of the resource areas on theP roP erty in anticPi ation of
Staff
Motion
Vote
3. Claire
Sitting
Public
Discussion
Staff
Motion
Vote
putting it on the market. The main resource area is a coastal bank.
This has been confirmed. Recommend a Positive 2A and Negative 3
Motion to Approve as recommended. (made by: Champoux) (seconded by: Topham)
Carried unanimously
Bingham — 37 Gardner Road (43-85)
Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Site and topographical plans, photos, requisite departmental reports and correspondence.
Mark Rits, Site Design Engineering
None
Rits — This is for the continuance of the force main pipe from 1 Pimny's Point to connect to the Gardener
Road sewer line. All work will be within an existing driveway and easement. The line will be within 25- & 50 -
foot buffers for bordering vegetated wetlands and the coastal beach.
Erisman — Asked how close the pipe will get to the bank.
Rits — The closest point to the bulkhead is where the Pimny's Point and Gardner Road properties touch. The
impact on the bordering vegetated wetland is negligible.
Recommend a Positive 2A and Negative 3.
Motion to Approve as Recommended. (made by: Topham) (seconded by: Champoux)
Carried 5-0//Golding abstain
Page 4 of 6
Minutes for May 16 2018 adopted May 30
B. Minor Modifications
1. Steven L. Cohen, Trustee for 1 James Street Trust — 53 Walsh Street (29-60) SE48-2927
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surveyors
Public None
Discussion (5:40) Santos — This is to insert into the file a detailed landscape plan for an NOI on land subject to coastal storm
flowage. Reviewed the landscape plan.
Steinauer — There are no native plants on that list. He doesn't know if the ConCom regulations address plants
in flood zones.
Champoux — If we restrict plants on land subject to coastal storm flowage, it will impact all of downtown and
set people up to be out of compliance.
Erisman — Constantly replacing plants that can't survive flooding impacts the environment. ConCom should
consider conditioning this to use plants that can survive in a flood zone. If people are asking for waivers for
separation from groundwater, the types of plants they use should be conditioned.
Discussion about whether or not this should be conditioned in regards to the plants used.
Staff Recommend approval as a minor modification.
Motion Motion to Approve as a minor modification. (made by: Steinauer) (seconded by: Golding)
Vote Carried unanimously
2. Leonard Barbieri — 48 West Miacomet Road (86-4) SE48-2945
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surveyors
Public None
Discussion (5:50) Santos — This is to change the NOI to demolish the existing structure and rebuild on a full foundation at the
previously approved location outside the 50 -foot buffer. They do have Massachusetts Endangered Species Act
approval.
Staff Recommend approval as minor modification.
Motion Motion to Approve as a minor modification. (made by: Steinauer) (seconded by: Topham)
Vote Carried unanimously
C. Certificates of Compliance
1. Pippins Way Homeowners Association Trust — 12 Gardener Road (43-94.2) SE48-2034 (Cont 05/30/18)
2. Duke 53, LLC — Dukes Road Sewer System SE48-2728 Withdrawn
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Staff They came in with the certificate but there have been issues with connections since it was filed.
Discussion (5:53) None
Motion Motion to Accept the withdrawal. (made by: Steinauer) (seconded by: Champoux)
Vote Carried unanimously
D. Orders of Condition
1. David S. and Dorothy O. Bailey — 85 Sankaty Road (49-91) SE48-3080
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Staff Will add that condition.
Discussion (5:54) Erisman — We were going to mark the 25 -foot boundary so they don't remow in it.
Motion Motion to Issue as amended. (made by: Golding) (seconded by: Steinauer)
Vote Carried unanimously
2. Boris & Desi Ivanov —139 Polpis Road (44-7.2) SE48-3082
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Staff Will add that condition.
Discussion (5:570 Champoux — Will condition that no more that 50% of the 25- and 50 -foot zones to be cut.
Motion Motion to Issue as amended. (made by: Steinauer) (seconded by: Golding)
Vote Carried unanimously
3. Margaret T. Cunningham, Trustee —103 & 105 Eel Point Road (32-5&6) SE48-3076
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Staff The orders weren't typed up. Other than the standard conditions, asked if they want further conditions.
Discussion (6:00) Erisman — They should identify exactly how much sand was delivered.
Golding — The requirements should be in keeping with SBPF in regards to delivery of sand within a certain
time of a storm event. Also should condition for a walkable beach. Wants there to be walkable -beach access.
Motion No motion at this time.
Vote N/A
Page 5 of 6
Minutes for Mav 16. 2018. adopted Mav 30
4. Nantucket Islands Land Bank — Miacomet Pond (81 -non -assigned Great Pond) SE48-3077
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Staff Will condition against the hydro -raking and for follow up work to be subject to an amended order.
Discussion (6: 2) Erisman — This should be conditioned similar as for the first phase of Hummock Pond. She wants revegation
to be monitored for what is growing up in place of the Phragmites. Also need a condition requiring them to
submit the permission from the private property owners.
Steinauer — If we cause them to come back for an amended order before the follow up work, we can
condition that.
Motion No motion at this time.
Vote N/A
7. Claire Y. Bingham —1 Pimmy's Point (43-1) SE48-3081
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Staff None
Discussion (6:(8) Erisman — Need an on-going condition that the tight tank be removed if it should become exposed.
Motion No motion at this time.
Vote N/A
E. Othei Business
1. Approval of Minutes 05/02/2018: adopted by unanimous consent.
2. Monit ring Report
a. None
3. Enforcement Actions
a. None
4. Ret)o s:
a. CPC, Golding — An email should have been be forwarded to all members about a presentation on May 22 at the
Ath neaum between 2-4 p.m.
b. NP DC, Bennett — Nothing
c. Mo quito Control Committee, Erisman — Nothing
5. Comndssioners Comment
a. Go g — There is a presentation on Thursday at 6:00 p.m. at NHS cafeteria about the proposed new
rowidabouts.
6. Admit uistrator/Staff Reports
a. None
Motion to -Adjourn: 6:12 p.m.
Submitted
Terry L. N on
Page 6 of 6