HomeMy WebLinkAbout2018-7-25Minutes for July 25 2018, adopted Aug. 8
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PUBLIC MEETING
N' 2 Bathing Beach Road T N N L1_ E R i
Nantucket, Massachusetts 02554
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9p�gAiEO Wednesday, July 25, 2018 �Il� AJG - 9 b� 8� 4
4 Fairgrounds Road, Training Room — 4:00 p.m.
Commissioners: Andrew Bennett(Chair), Ashley Erisman (Vice Chair), Ernie Steinauer, David La Fleur,
Ben Champoux, Ian Golding, Joe Topham
Called to order at 4:00 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, Champoux, Golding, Topham
Remote Participation: Per 940 CMR 29.10, Ian Golding is participating remotely due to distance.
Absent Members: LaFleur
Late Arrivals: None
Earlier Departure: Golding, 4:56 p.m.
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 08/22/18)
2. Gregory Reyes —19 East Creek Road (55-60) SE48-3065 (Cont 08/22/18)
3. Crichton House Holdings, LLC —133 Polpis Road (44-19.4) SE48-3084
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative David M. Haines, Haines Hydrogeologic Consulting
Whitney Gifford
Public None
Discussion (4:04) Haines — This was continued to provide a revised plan showing stabilization and drainage and to locate trees
impacted by the proposed path. Topography has been shot showing previously disturbed area below the pool;-
explained
ool;explained how that would be allowed to naturalize with native mix. Proposing an infiltration basin at the
bottom of the slope. Neighbors have reviewed these and concerns addressed. Suggestion commission monitor
to ensure vegetation comes in and is stable. Bracken Engineering reviewed the infiltration basin and suggested
it be enlarged to accommodate the 100 -year storm; we are going to do that. Would like a two-week
continuance to redesign that basin.
Gifford — Received Mr. Bracken's recommendation today. Brian Madden has also reviewed the concept as
well.
Steinauer — Suggested drafting a positive order.
Staff None
Motion Continued for two weeks by unanimous consent
Voice Vote N/A
4. 273 Hummock Pond Rd Nominee Trust — 273/281 Hummock Pond Road (83-3,41&42.2) SE48-3083
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Kevin Dale, Vaughan, Dale, Hunter and Beaudette P.C.
Public None
Discussion (4:10) None
Staff This was continued for a decision from Town Counsel about the installed steel retaining wall. At this time we
don't have the ability to condition or require work on that since it is not in a resource area.
Have everything needed to close.
Motion Motion to Close. (made by: Champoux) (seconded by: Steinauer)
Voice Vote Carried 6-0: Golding — aye; Erisman — aye; Bennett — aye; Champoux — aye; Steinauer — aye; Topham - aye
Page 1 of 6
for Tulv 25. 20
5. "Nantucket Conservation Foundation (NCF), Inc —Pest House Pond (43-155) SE48-3090
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
DocumcntatiDn Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Naomi Valentine, SWCA Environmental Consultants
Whitney Gifford
Public Kaithn Shaw, Water Resource Specialist Nantucket Natural Resources Department
Emily Molden, Nantucket Land Council (NLC)
Steven Cohen, Cohen & Cohen Law P.C., abutter to the south
Art Gasbarro, Nantucket Engineering & Survey, abutter to the south
Discussi n (414) Valentine — This is for pond management services on Pest House Pond, which has issues of high algae
presence, phragmites, and high nutrient level. Due to the algae, the nutrient levels are high; the algae presents a
human -animal health risk. From all observations, the pond is uninhabitable with a shrub buffer around it.
Three part management: algaecide, nutrient management, and phragmites removal. The algaecide to be used is
Captain® XTR and glyphosate herbicide, Rodeo® or Roundup®; aluminum sulfate for nutrient management.
We recommend the herbicide be applied via foliar. Will keep the valves closed as much as possible until
everything is eliminated from the pond. Kaitlin Shaw sent a letter of support, which is included in the packet.
Steinauer — Prefers clip and drip; with spraying you have to consider the wind, which we get all the time. He
feels the commission should require clip and drip and use of Rodeo®, not Roundup®.
Champoux — What we've seen in the past for large stands phragmites is a modified clip and drip.
Valentine — Explained why her firm prefers to use the foliar application. The phragmites patch is 400 square
feet (SF).
Consensus agrees that clip and drip is preferred and not an unreasonable request.
Bennett — Asked if the algae will be an on-going problem.
Valentine — That is possible so actually asking for a 5 -year permit. Right now the algae is not particularly bad.
Steinauer — Asked if there is something continually contaminating the pond.
Valentine — A study indicated a factor of contamination is fertilizer and septic system infiltration. The
vegetative buffer around the pond is very robust and helps some.
Gifford — This is an area scheduled to be tapped into Town sewer; in the interim, the treatment helps eliminate
the problem, along with education of the surrounding property owners and installation of the sewer.
Steinauer — Asked about the nitrogen level and if the algae is freshwater can it survive in the harbor.
Valentine — There is a high nitrogen level. One specie of algae thrives in brackish conditions and would
survive in salt water; the other species is a fresh -water algae.
Golding — Wants a condition requiring water quality monitoring to ensure a healthy state is restored.
Shaw — There are a number of studies that show micro systems can survive in salt water. This is a good pilot
project to start with before going forward with similar work in the great ponds.
Gifford — The NCF has ordered a wireless version of its water monitoring system to better track the status of
the pond. This should provide a good data track to access in the future. NCF is here because the Board of
Health reacted to the outflow going into the beach and harbor. With this management plan, we can come up
with a good plan that monitors the levels of the water, algae bloom and the phragmites.
Molden — NLC supports the work being done here. This would provide more reporting tools for the tool box.
This management won't reduce what's going into the pond; watershed management needs to be on-going with
the abutters. They are pleased about the valve that prevents contaminants from entering the harbor. Doesn't
know if these algaecides and herbicides would have an effect on eel grass.
Discussion about how long the valve should be shut after application of the algaecide and herbicide.
Valentine — The 24-hour window for keeping the valve closed after application is a conservative estimate for
algaecide application; she feels 72 hours is excessive.
Cohen — His client generally supports this because it is about coming up with a safe way to treat algae blooms.
Confirmed that this is not a program to close off the pipe; believes it was installed in the 1950s most likely for
mosquito control. There are fish that come from the ocean into the pond. His client's concern is that if there is
a long-term closure of the pipe, and the pond were to expand it would erode the lower side, the valley to the
south would quickly fill.
Golding — Asked if the recommendation to eliminate dredging was based on cost.
Valentine — Cost was a piece of the decision; the overriding decision is the access to the pond and need for a
dewatering area; space for dewatering is very limited and access would impact the beach and dunes.
Steinauer — If this doesn't work and dredging is required, asked the impact of alum on the area.
Valentine — Algaecides have to be registered; alum doesn't require oversight
Gasbarro — He worked with NCF to permit the valve; he doesn't believe it was intended that the valve would
be closed all the time. The 48-hour notification is for when it is being opened after it has been closed.
Staff The order will be conditioned so that the valve will not be open during any treatment of the pond. The valve
requires notification to the commission for it to be opened.
Have everything needed to close.
Motion Motion to Close. (made by: Champoux) (seconded by: Steinauer)
Voice V to Carried 6-0: Golding — aye; Erisman — aye; Bennett — aye; Champoux — aye; Steinauer — aye; Topham — aye
Page 2 of 6
Minutes for July 25 2018 adopted Aug. 8
6. *The Nantucket Land Council —Nantucket Harbor (N/A) SE48-3092
Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Emily Molden, Nantucket Land Council (NLC)
Alyssa Novak, Research Assistant Professor Boston University
Public None
Discussion (4:56) Molden — We have noticed a significant loss of eel grass at Monomoy Beach; looking at the area as an eel grass
restoration project because the water quality here is better than farther up the harbor. There is an existing
monitoring station right off the beach so have a significant amount of data. Photos also indicate a large loss of
eel grass, possibly from a large storm event that covered the area with sand. The transplant method proposed is
similar to that used for the 2010 project with harvesting eel grass from Hussey Shoal. Referenced the prior
donor bed to show the impact. Will transplant into about '/2 acre. Hope to use this project as an educational
opportunity for schools and community groups.
Novak — Referred to photos of location where transplanting has been done to show the progress of a site.
Champoux — The packet shows a box; asked about that.
Molden —In 2010 we used a TERF design frame to hold the shoots and allow them to grow; they are moving
away from that this time. Division of Fishery has a guideline on eel grass restoration which highlights the
planting method.
Novak — Noted the TERF frame tends to attract and hold algae and the sediment tends to flow out from
under it.
Erisman — Asked how long it takes for the transplanted eel grass to be established.
Novak — About two months; it takes three years to reach ecological function.
Steinauer — Asked how they determine how much eel grass to take out of the donor area.
Novak — Usually they monitor the site and collect a couple of shoots from any one spot.
Steinauer — Asked if the area can be closed to scallop dredging so the eel grass isn't ripped right out.
Molden — We will be talking to the Harbor Master about that.
Discussion about how scallopers would be informed of the closure of the area.
Molden — Looking to begin in the Fall with supplemental planting in the Spring and following Fall. Waiting
for MNH; requested a two-week continuance.
Staff There will be an internal discussion for procedures to protect restoration areas for a certain period of time.
Motion Continued for two weeks by unanimous consent
Vote N/A
7. *5 Hulbert Avenue, LLC — 5 Hulbert Avenue (29.23-5) SE48-3094
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Brian Madden, LEC Environmental
Public None
Discussion (5:15) Madden — This is minor structural and landscaping improvements. Resource areas on site are a coastal beach
transitioning to a coastal dune and flood zone. Reviewed the specific work.
Champoux — A problem with in -fill in the flood zone is the loss of water storage space; asked what the
aggregate loss would be.
Madden — He doesn't know that exactly.
Topham — The shower should be on piers with no foundation underneath; water can then flow naturally.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Champoux) (seconded by: Steinauer)
Vote Carried 5-0
8. *Paul J. Brody —11 E Street (60.2.1-4) SE48-3093
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Brian Madden, LEC Environmental
Joe Paul, BPC
Public None
Discussion (5:25) Madden — Site redevelopment. Upgraded septic was previously approved. Resource areas are a saltmarsh,
transitional coastal dune, top of coastal bank, and flood zone. The coastal bank currently exists in lawn area.
The proposed structures will be 25 feet from the top of the dune. Temporary dewatering is required due to the
high groundwater. A dry -laid patio will sit on a stone base to allow for infiltration of runoff. 960 SF of current
lawn will be converted back into a natural buffer. Irrigation will be temporary for establishment of the restored
buffer area. Increasing the setbacks to the wetland and coastal zone .and 7,000 SF of revegetation and invasive
species management.
Erisman — The wood patio is not included in the structural area.
Madden — It is designed exactly like the current wood patio and will provide increased infiltration.
Paul — The patio is Historic District Commission approved as a deck and the property was purchased with the
expectation using the lawn area. If we have an elevated boardwalk, we could have restoration up to the
boardwalk. If it's converted to a patio, it will require retainage of the crushed stone.
Page 3 of 6
Minutes for July 25. 2018. adopted Aue. 8
Erisman — She wants to see specs on the wood patio.
Steinauer — He's concerned about removing the invasive vines off the bank since it might destabilize the bank.
Madden — Asked for a two-week continuance.
Staff The bank is not a traditional coastal bank; it is a Figure 3 and Figure 4 policy bank with a shallow slope and not
likely to be destabilized
Motion Continued for two weeks by unanimous consent
Vote N/A
9. Stev n Cohen, Trustee — 94 Tom Nevers Road (91-41) SE48-3095
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Represei LtativDan Malloy, Site Design Engineering
Public None
Discussi n (5:43) Malloy — For a dwelling and landscaping. The coastal bank was approved under a previous RDA. The 50 -foot
buffet silt -fence line is the most seaward portion of the work.
Staff Have', everything needed to close.
Motion Motion to Close. (made by: Steinauer) (seconded by: Champoux)
Vote Carried 5-0
III. PU LIC MEETING
A. Requests for Determination of Applicability
1. 1 iline Wommack Trust — 3 Wyer's Way (41-380)
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Documeritation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representativa David M. Haines, Haines Hydrogeologic Consulting
Public None
Discussion (5: ) Haines — This is for confirmation of the wetland boundary. No work is proposed
Staff Agree with the site plan. Recommend approval as a Positive 2 confirming border
Motion Motion to Approve as Positive 2. (made by: Champoux) (seconded by. Steinauer)
Vote Carried 5-0
2. Pat** a C. & Steven V. Calabrese — 2 Morgan Square (87-3.2)
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Docume tati n Site and topographical plans, photos, requisite departmental reports and correspondence.
RepreseritativDavid M. Haines, Haines Hydrogeologic Consulting
Public None
Discussion (5:7) Haines — Reviewed the resource areas. Asking for confirmation of the delineation. No work is proposed.
Staff Confirm delineation. Recommend approval as Positive 2A
Motion Motion to Approve Positive 2A. (made by: Topham) (seconded by Champoux)
Vote Carried 5-0
3. 11. Williamson Ghrisky, Trustee — 34 West Chester Street (41-31)
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Documej itati n Site and topographical plans, photos, requisite departmental reports and correspondence.
Represeritative David M. Haines, Haines Hydrogeologic Consulting
Paul Santos, Nantucket Surveyors
Public Tom Montgomery, 33 North Liberty Street
Discussion (5:51) Haines — This is to confirm the delineation of bordering vegetated wetland; it's a shrub swamp in certain areas
and turns into more of a marsh area. No work is proposed.
Montgomery — He's suspect about the purpose of this request. They say no work is planned so wonders why
we're here.
Haines — He believes this is in preparation of sale of the property so a prospective buyer knows within what
area work can be done. This was last flagged in 1994; it is now about 25% higher.
Santos — He was asked to delineate the wetland line; no work is proposed at this time.
Staff Confirm delineation. If there is any work proposed in future, we would encourage including invasive species
work as well as management of drainage. Any future work would require abutter notification.
Recommend approval as Positive 2A.
Motion Motion to Approve as Positive 2A. (made by: Champoux) (seconded by: Topham)
Vote Carried 5-0
B. Certificates of Compliance
1. Dan S. Morris & Karen Smith — 235 Madaket Road (59.4-634) SE48-2713
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff This was for construction of a cottage outside of jurisdiction. It is completed with no on-going conditions.
Discussi n (5:18) None
Motion Motion to Issue. (made by: Steinauer) (seconded by: Champoux)
Vote I Carried 5-0
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Minutes for July 25 2018 adopted Aug. 8
2. Pocomo Road Nominee Trust & Acklandia Realty Trust — 72 & 78 Pocomo Road (15-37&39) SE48-2919
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff This was for construction of sand -drift fencing. It is completed and is in compliance. Recommends issuing
with on-going Condition 20 for monitoring.
Discussion (5:59) None
Motion Motion to Issue with on-going Condition 20. (made by: Steinauer) (seconded by: Topham)
Vote Carried
3. 102 Wauwinet Nominee Trust —102 Wauwinet Road (11-24.2) SE48-2902
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff This was for a set of beach stairs and boardwalk. Constructed in compliance. Recommend issue with no on-
going conditions.
Discussion (6:00) None
Motion Motion to Issue. (made by: Topham) (seconded by: Champoux)
Vote Carried 5-0
C. Orders of Condition
1. 273 Hummock Pond Road Nominee Trust — 273/281 Hummock Pond Road (83-3,41&42.2) SE48-3083
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff Not a lot of conditions; straight forward.
Discussion (6:01) None
Motion Motion to Approve as drafted. (made by: Steinauer) (seconded by: Champoux)
Vote Carried 5-0
2. Nantucket Conservation Foundation, Inc — Pest House Pond (43-155) SE48-3090
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff He will draft a positive order with a condition for clip and drip.
The valve is currently closed due to the algae, but it is causing a flooding condition.
Discussion (6:03) Steinauer — Wants this conditioned to use clip and drip method for the herbicide.
Discussion about the current water level in the pond.
Motion None at this time.
Vote N/A
3. Friends of Long Pond, Inc. — Northwest shore of Long Pond off Long Pond Drive (59.3-59-42,27)
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff Condition 27 addresses use of herbicide in wind. Condition 29 requires all equipment be cleaned prior to exit
and entry into any area. He will add Condition 31 on monitoring requirement for presence of glyphosates.
Discussion (6:09) Champoux — Monitoring should include water sampling in the worksite area. Parameters should be for
glyphosates in the water volume.
Motion Motion to Approve as amended. (made by: Champoux) (seconded by: Steinauer)
Vote Carried 5-0
4. The Nantucket Land Counsel — Nantucket Harbor (N/A) SE48-3092
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff He'll draft a positive order incorporating MNH comments if any.
Discussion (6:14) None
Motion None at this time.
Vote N/A
5. 5 Hulbert Avenue, LLC — 5 Hulbert Avenue (29.23-5) SE48-3094
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff Pretty straight forward.
Discussion (6:17) None
Motion Motion to Issue as drafted. (made by: Champoux) (seconded by: Steinauer)
Vote Carried 5-0
6. Steven Cohen, Trustee — 94 Tom Nevers Road (91-41) SE48-3095
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff Pretty straight forward.
Discussion (6:17) None
Motion Motion to Approve as drafted. (made by: Steinauer) (seconded by: Champoux)
Vote Carried 5-0
D. Extension Requests
1. Maureen J. Dunphy & Anthony Colella — 32 Tennessee Avenue (60.1.2-41) SE48-2438
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff Asking for three 1 -year extensions.
Discussion (6:18) None
Motion Motion to Issue three 1 -year extensions. (made by: Steinauer) (seconded by: Topham)
Vote Carried 5-0
Page 5 of 6
Minutes for iuly 25, 201
2. 1 Kue 3hutters Realty Trust — 4 Hulbert Avenue (42.1.4-2) SE48-2582
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff None
Discussion (6 19) Paul Santos, Nantucket Surveyors — There is a planting component and want to ensure they are established.
Asking for one 1 -year
Motion Motion to Issue a 1 -year extension. (made by: Champoux) (seconded by. Topham)
Vote Carried 5-0
E. the r Business
1. onv yance of properties/Signing of Deeds — 84R Union Street, 3 Mioxe's Pond Road
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff Conveying these to the Nantucket Islands Land Bank since the commission doesn't have the means to
maintain a property.
Discussi n (6: 1) None
Motion Motion to Transfer 84R Union Street and 3 Mioxe's Pond Road to Nantucket Islands Land Bank.
(made, by: Champoux) (seconded by: Steinauer)
Vote Carried 5-0
2. Approval of Minutes 07/11/2018: adopted by unanimous consent.
3. Monitoring Report
a. Gund — 3,5,7,11&15 East Tristram Avenue (31-9 ,8,7,5,36) SE48-2692 — Art Gasbarro, Nantucket Engineering &
Survey provided an update.
4. 1,nfoi cement Ac tions
a. None
5. Repoi ts:
a. NP SrEDC, Bennett — Reviewed joint meeting with the Planning Board about Surfside Crossing 40B.
8. Mo 5quito Control Committee, Erisman - Nothing
6. (:omnussioners Comment
a. ErAman — After attending the Pond Coalition meeting; we need to reconsider waivers for groundwater separation
wit the watershed district.
1. Eri man — Asked about two properties: At the end of Monomoy creek road if they have an open permit; they are
accunulating decking; the house on Baxter Road with the top -of bank stabilization, asked if there was a monitoring
report about the success of the beach grass.
Be ett — In regard to the comment that Natives Americans opened the ponds in the past, he wonders why they would
open the ponds. Staff — Noted they were dealing with completely different parameters than the Island today. Opening a
pond is not sound management for reducing water levels; Miacomet Pond now have the highest level of algae blooms
froin the infiltration of salt water into a fresh -water pond.
7. strator/Staff Reports
a He responded to a request from Andrew Vorce for comments in regard to Surfside Crossing 4013; the area has a large
number of endangered moth.
b. This Commission can no longer use this room after August; looking for a new room.
Adjougned at 6:51 p.m. by unanimous consent.
Terry
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