The URL can be used to link to this page

Home My WebLink About2018-7-11Minutes for July 11 2018 adopted July 25 CONSERVATION COMMISSION ot�,AN1uc�F� PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 y�O9 OP AA�Ewww.nantucket-ma.gov Wednesday, July 11, 2018 4 Fairgrounds Road, Training Room — 4:00 p.m. an Commissioners: Andrew Bennett(Chair), Ashley Erisman(Vice Chair), Ernie Steinauer, David LaFlW, Ben Champoux, Ian Golding, Joe Topham r --- Called to order at 4:08 p.m. by Mr. Bennett Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office Adminaj!or; Terry Norton, Town Minutes Taker 3 t" Attending Members: Bennett, Steinauer, LaFleur, Champoux, Golding, Topham t• Remote Participation: Per 940 CMR 29.10, Golding is participating remotely due to distance. - - Absent Members: Erisman �> Late Arrivals: Topham, 4:49 p.m. Earlier Departure: None Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Announcements B. Appointment of Officer — Held for a full board. C. Public Comment 1. Emily Molden, Nantucket Land Council — NLC is doing the second State of the Harbor Forum on July 19, 6 p.m. at Great Harbor. 2. Carlson — Coastal Resiliency Workshop on Wednesday July 18 in the 4 Fairgrounds Road Community Room. The Town Pond Forum will take place on Monday July 23 at 5 p.m. in the 4 Fairgrounds Road Community Room. II. PUBLIC HEARING A. Notice of Intent 1. *Gregory Reyes —19 East Creek Road (55-60) SE48-3065 Cont (07/25/2018) 2. *Siasconset Beach Preservation Fund — 59-119 Baxter Road (49;48 -various) SE48- Cont (08/08/2018) 3. *21 Crooked Lane, LLC —1 West Chester Street Ext. (41-480 portion) SE48-3064 Cont (08/08/2018) 4. *Crichton House Holdings, LLC —133 Polpis Road (4419.4) SE48-3084 Cont (07/25/2018) 5. *273 Hummock Pond Rd Nominee Trust — 273/281 Hummock Pond Road (83-3,41&42.2)SE48-3083 Cont (07/25/2018) 6. *Friends of Long Pond Inc. — North West shore of Long Pond off Long Pond Drive (59.3,59-42,27) SE48-3089 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Ken Wagner Public Jocelyn Gemis, 12 Long Pond Drive Discussion (4:14) Wagner — This is the fifth phragmites project for the great ponds, the third for Long Pond. This is an 8.1 acre parcel but the process is the same as all previously approved projects. Due to the size of the area, he is providing a more specific monitoring plan for tracking revegetation of native species. Reviewed the process as previously used. They will probably want a two year extension for further monitoring. This is big enough they will have to use the Marsh Master®. The pre-treatment botanical survey will be done to ensure there is nothing that needs protecting. This area is not within Massachusetts Natural Heritage purview. Steinauer — Suggested leaving Miacomet Pond to the last due to the Parrot Feather infestation in that pond. Wagner — They are aware of the infestation. Golding — Asked how much Round Up would be used. Wagner — We don't use Round Up; the glyphosate herbicide is a 2- to 3 -percent solution. Golding — The commission should have the specific amount. Read a report about the dangers of Non - Hodgkin's Lymphoma from glyphosates. Asked for the same monitoring protocol as the previous programs. Wagner — The report Mr. Golding referred to addresses the use of glyphosates for large-scale agricultural applications; this has very different chemical mix, though the active ingredient is the same. In pilot program, we studied the spread of spray outside the treatment area and found there was none. He can get the exact number for the deliberation on the order of conditions. Golding — He's concerned about the impact on invertebrates. Gemis — She has spoken to the abutters and the Madaket Residence Association; they support this project. Steinauer — For aquatic uses, glyphosate is the best product since it binds quickly and has a short half life; it attacks a respiratory enzyme found only in plants so is harmless to mammals and birds. Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Steinauer) Voice Vote Carried 5-0//Golding-Aye, Bennett -Aye, LaFleur-Aye Champoux-Aye, Steinauer-Aye Page 1 of 3 Minutes for Tuly 11, 2018, adopted Tuly 25 7. "Nantucket Conservation Foundation, Inc — Pest House Pond (43-155) SE48-3090 Cont (07/25/2018) 8. Car ton Neel and Nina Marie Weissenberger — 84 Pocomo Road (15-40) SE48-3091 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding Docum =tat on Site and topographical plans, photos, requisite departmental reports and correspondence. Represeatatilre Art Gasbarro, Nantucket Engineering & Survey Public None Discussion (:34) Gasbarro — This is for a Coastal Stabilization project to replace a rip -rap fence: fiber rolls with beachgrass plugs and sand nourishment. The erosion rate is about one foot a year, that comes to 131 cubic yards (CY) per year of nourishment to keep the rolls covered. Certain the structure is pre -1971. Champoux — His concern is that nourishment sand stockpiled at the site is susceptible to being washed away. Golding — He agrees with Mr. Champoux. Also in monitoring and maintenance under significant storm damage, end scour should be included under storm damage. Champoux — Asked about irrigation. Gasbarro —The plantings will be watered until they take hold. Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Champoux) Voice V to Carried 5-0//Golding-Aye, Bennett -Aye, LaFleur-Aye, Champoux-Aye, Steinauer-Aye B. ei ided Orders of Conditions III. PUBLIC MEETING A. Requests for Determination of Applicability 1. Schwabe, Jr. and Kelly Schwabe — 8 Caroline Way (82-28) Sitting Benn tt, Steinauer, LaFleur, Champoux, Golding Docum tali n Site d topographical plans, photos, requisite departmental reports and correspondence. Representative Art asbarro, Nantucket Engineering & Survey Public None Discussion (4:43) Gasbarro — The purpose is to remove an existing structure and abandon the septic. It structure site will be back-filled to level grade and planted with beach grass Staff Recommend approval as Negative 3. Motion Motion to Approve as recommended. (made by: Steinauer) (seconded by. LaFleur) Voice Vote Carried 5-0//Golding-Aye, Bennett -Aye, LaFleur-Aye, Champoux-Aye, Steinauer-Aye B. P lin Modifications 1. William F. Hunter, Trustee —16 Medouie Creek Road (20-26) SE48-2577 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Represe tativ Art Gasbarro, Nantucket Engineering & Survey Public None Discussi n (4: 5) Gasbarro — This is for re -orientation of the structures and installation of several closed-loop geothermal wells. Golding — Asked for additional monitoring of the geothermal systems to ascertain the potential of the amount of coolant going into the groundwater. Staff This commission has approved geothermal wells under minor modifications before. Recommend issue as a Minor Modification. Motion Motion to Issue as a Minor Modification. (made by: Steinauer) (seconded by: Champoux) Voice Vc to Carried 5-0//Golding-Aye, Bennett -Aye, LaFleur-Aye, Champoux-Aye, Steinauer-Aye 2. b -Sherburne, LLC — 9 Kimball Avenue (30-31) SE48-3054 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Documentaticin Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors Public None Discussi (4: ) Santos — This is for the constructing of benches on a previously approved boardwalk at the bottom of beach stairs; there is no change to the footprint of the boardwalk. Staff Recommend issue as a Minor Modification. Motion Motion to Issue as a Minor Modification. (made by: Champoux) (seconded by: Steinauer) Voice Vo te Carried 6-0//Golding-Aye, Bennett -Aye, LaFleur-Aye, Champoux-Aye, Steinauer-Aye, Topham -Aye C. C ertif cates of Compliance 1. Andrei W. Hoff Revocable Trust & Frederick D. Hoff., Jr. Revocable Trust— 99 Cliff Road (30-627) NAN-124 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff This was for the construction of a garage and shell driveway in the buffer zone to a constructed wetland. It is in compliance Discussio a (4:5) None Motion Motion to Approve. (made by: Champoux) (seconded by: LaFleur) Voice Vo e Carried 6-0//Golding-Aye, Bennett -Aye, LaFleur-Aye, Champoux-Aye, Steinauer-Aye, Topham -Aye Page 2 of 3 Minutes for July 11 2018 adopted July 25 — D. Orders of Condition 1. Friends of Long Pond Inc — North West shore of Long Pond off Long Pond Drive (59.3,59-42,27) SE48-3089 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff Did not draft an order of conditions; asked for comments. The Town did an independent invertebrate study of the great ponds; they show an increase within the community of each pond. Discussion (4:54) Wagner —The concentration of glyphosate is 15.2 & 22.3 pounds for Long Pond. That is less than .2 milliliter per liter of water if all the glyphosate went into the water instead of on the phragmites. Golding — He'd like to this to have the same monitoring as requested for the pilot project. Steinauer — He doesn't think any glyphosate was detected in the water samples or impact on invertebrates. Champoux — In regards to the Town study, asked if there are site-specific monitoring areas the commission can refer back to. If we were to set up a monitoring protocol, what would be the most effective protocol Wagner — They did that in the pilot program: no damage was shown landward and waterward of the application area; did distinct vegetative plots for comparison; soil tested at White Goose Cover showed no difference. Golding — In light of the Town study, he'd like this pre -conditioned so that should there be a future invertebrate survey, we would be able to detect if they had been impacted. Discussion about how that monitoring could be done as well as monitoring the impact on the soil. Champoux — He doesn't believe one or two soil tests across this area is an unreasonable request Steinauer — He's more concerned about revegetation than anything else; he wants that monitored. Motion No action at this time. Voice Vote N/A 2. Carlton Neel and Nina Marie Weissenberger — 84 Pocomo Road (15-40) SE48-3091 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding Staff This is pretty simple. Discussion (5:11) Discussion about monitoring the amount of sand nourishment provided versus sand lost to the system. Champoux — If sand is stockpiled out there and is washed away, that messes up the calculations. Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: Champoux) Voice Vote Carried 5-0//Golding-Aye, Bennett -Aye, LaFleur-Aye, Champoux-Aye, Steinauer-Aye, Topham -recused E. Extension Requests 1. Eleven Crooked Lane, LLC —10 Hickory Meadow Lane (41-904) SE48-2682 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff This was for construction of a home for which initial site work has been done; asking for three 1 -year extension due to tie up in Zoning. Discussion (5:16) None Motion Motion to Issue three one-year extensions. (made by: Champoux) (seconded by: LaFleur) Voice Vote Carried 6-0//Golding-Aye, Bennett -Aye, LaFleur-Aye, Champoux-Aye, Steinauer-Aye, Topham -Aye F. Other Business 1. Conveyance of properties/Signing of Deeds — 55 Warrens Landing Road, 84R Union Street, 3 Mioxe's Pond Road Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff Next week Discussion (5:17) None Motion No action at this time. Voice Vote N/A 2. Approval of Minutes 06/27/2018: adopted by unanimously consent. 3. Monitoring Report - None 4. Enforcement Actions a. None 5. Reports: a. None 6. Commissioners Comment a. None 7. Administrator/Staff Reports a. If three or more commissioners are planning to attend the Coastal Resiliency and Pond Forum, he'll post them as meetings; that will allow them to speak freely. Reminded them the ConCom meeting would have to be called to order and adjourned. b. The Select Board will receive a water quality update at their meeting this evening. Adjourned at 5:20 p.m. by unanimous consent. Submitted by: Terry L. Norton Page 3 of 3