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Home My WebLink About2019-7-3Commissioners ConCom Minutes for July 3 2019 adopted July 17 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 w�yw.nantucket-ma.go� ` \X'ednesday, July 3, 2019 4 Fairgrounds Road, Training Room — 5:00 \shley Erisman (Chair), Ian Golding (Vice Chair), Ernie Steinauer, David LaFleur, Joe Topham, Seth Engelbourg, and Maureen Phillips Called to order at 5:00 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator .Attending \Iembers: Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips .lgenda adopted by unanimous consent 'Matter has not been heard 1. PUBLIC MEETING A. Announcements B. Appointment of officers: _Ashley Erisman Nominated for Chair by Ian Golding —Adopted unanimously Ian Golding _Nominated for Vice Chair by Ernie Steinauer — Adopted unanimously C. Public Comment — None 11. PUBLIC HEARING A. Notice of Intent 1. '\Ian, D. Starr — 19 East Creek Road (55-60) SE48-2985 (Cont. 07/31/19) ? Gregory Reyes — 19 East Creek Road (55-60) SE48-3065 (Cont. 07/31/19) 3. LAZ Family N.T. — 20 Waqoit Road (90-5) SE48-3131(Cont. 07/31/19) 4. Town of Nantucket —jetties Beach, Jetties Beach Playground, the end of Jefferson .Avenue & Children's Beach (29-1, 29-2, Road Layout, 42.4.2-9) SE48-3200 Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative None Public None Discussion (5:01) None Staff Requested a continuance to July 17th. \lotion Continued to Juh- 7, 2019 by unanimous consent. Vote N/_\ 5. 'Richard E. Behrman Trustee — 272 Polpis Road (25-30) SE48-3209 Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative David M. Haines, Haines Hydrogeologic Consulting Public None Discussion (5:02) Haines — For replacement of a conventional septic system in failure with the new I/_A system is going into a drip -system leach; to be in the same location. They have waivers for setback from the wells. just 50 feet from the wetland boundary-; it meets Title 5 if not the local regulations. Staff I lave everything needed to close. ,\lotion Motion to Close. (made by: Topham) (seconded by: Steinauer) Vote Carried unanimously 6. `Grant L. & -Margaret C. Cambridge — 10 Medouie Creek Road (20-31.1) SE48-3216 Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Kevin Dale, Vaughan, Dale, Hunter, and Beaudette P.C. Public None Discussion (5:06) Dale — There are two outstanding orders of conditions on this property; determined that there were two structural components that required an NOI. A portion of the retaining wall is in the 50 -foot buffer to a wetland and a small portion in the 25 -foot buffer and the pool fence intrudes into the 50 -foot buffer. _asking the commission to approve and regularize what is existing since moving would cause adverse impacts, propose to mitigate by putting plantings in the area of the 25 -foot buffer where the wall is. The closing on the sale of the property has taken place. Staff Erisman — .Asked for a detailed planting plan; there were trees on the 25 -foot side of the wall and wants to ensure they are native plants. Golding — Wants to see the extent of the mitigation; it should be extensive. Dale — _asked to continue to July 31�1. Page 1 of 5 ConCom -Minutes for duh 3 2019, adopted lul I - \lotion Continued to lul- 31, 2019 by unanimous consent. Vote N/A & B Reale 'frust- 14 & 20 Shawkemo Road (43-2.1 & 1-9s SI:48- Sitting Iirisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. RepresentatiVe Art Gasbarro, Nantucket ]engineering & Surrey Public None Discussion Gasbarro - This is for mowing and management of invasive species: the «-etland resource area mcude: bordering vegetated wetland, Coastal bank, salt marsh, and land subject to coastal storm flo% age. I -here ., L be no mechanical mowing or removal within the 23 -foot buffer. It appears there is common reed maxed -,,,-:T- phragmites; he'll have to research that more. _Another aspect is to create meado«-s in an area that ha- becr brush cut upland of the 25 -foot buffer; we aren't proposing an wells or irrigation, so plantings hay e to be able to survive. Waiting also to hear from Massachusetts Natural Hentage '\INII'. Engelbourg - Asked to see a planting plan for the meadows %could like to see more specifics about monitoring regrowth of invasive species. Common reed and phragmites are the same plant. There might be a native type of phragmites on Nantucket; you will probably need a plant expert to ascertain the difference. Golding - His research has indicated a stand of native phragmites on Polpis Road across from-accach- Pond; it is significantly smaller than the invasive phragmites. Gasbarro - That portion of the project might be eliminated due to the complexin- of determining the plant Clarified they would mechanicafly brush cut to the 25 -foot buffer. inside that removal would be b•: hand - There is a lot of honeysuckle on the coastal bank. The chemical control would be conditioned through the order with standard monitoring protocols for application. Erisman - .Asked that all trees be protected from the brush cutting. especially, 'A -11111r) the 5"400t buffer. Gasbarro -Much of the work would take place in the summer with seeding of the meadow lands to be m t -ie Fall. Detailed where work v611 and rill not take place. Explained how the, first flagged the resource area- f,�r brush cutting outside ConCom jurisdiction and how the boundanes within jurisdiction u -ill be flagged. Steinauer - He ran into ven- large honeysuckle, up to 3" in diameter. He ran into them and -awed them then used herbicides on the stumps. Gasbarro - _Asked for a 2 -week continuance. Staff This project is somewhat similar to the work at Waters Edge. momtonng the land management phases could be included in the order of conditions. \lotion Continued to lulu- 1-, 2019 by unanimous consent. Vote N/-1 B. Amended Orders of Conditions 1. 46 Slummo Pond Road Nominee Trust - 46 Shimmo Pond Road (43---' SF -l8 -31_J3- Sitting l :nsman, Golding, Steinauer, Lafleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative .Art Gasbarro, Nantucket Engineering & Sun-ey Public None Discussion Gasbarro - This is for a final landscape plan for an approved residential redevelopment protect. Rt%-te•.%e the changes from the approved landscape plan. Recently obtained Chapter 91 license for a pre-existing d,,Cr. will be running electricity and water to the dock which u -ill be installed in the previoush disturbed path%%a-.. Erisman - She's concerned about the electncin-, which would allow for use of radios and hghts. Staff If the ConCom approves the electricity, it can be conditioned against fighting. %which has a known impact ,:-: resource area. \lotion Motion to Close and Issue with the condition that there vvill be no lights on the dock. made Steinauer) (seconded by: Topham) Vote Carried unanimously Page 2 of 5 ConCom Minutes for July 3 2019 adopted July 1- 111. PUBLIC MEETING C. Requests for Determination of Applicability 1. Nantucket Pond Coalition —Long Pond, White Goose Cove and 'Massasoit Bridge (_A / A -N /_A) Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Robert Williams, Nantucket Pond Coalition Sara Bois, PhD, Linda Loring Nature Foundation Public None Discussion (5:47) Williams — This for proposed seeding of the peripheral areas of Long Pond that have been subject to phragmites removal. Reviewed the list of plants to be seeded. Bois — It makes sense to do the seeding in the Fall. This Spring we noticed the lack of regrowth of native species. The list is based upon what is growing in similar areas. Erisman — Asked if there is a square -footage of the area to be reseeded. Bois — It will be just along the edge of the pond; looking at spot treatment. Golding — When the invasive species removal project started, there was to be analysis of -Marine life; asked how that worked out. Williams — With the removal of the phragmites, Long Pond now has a shoreline. Phillips — Feels the removal work was done carefully to reopen the pond to public use and the cattails are coming back, which is habitat for the red -winged blackbird. Currently_ the shoreline isn't attractive and the reseeding it will help. Steinauer — He question has been the long-term prognosis; it seems to be going in the right direction. Staff Suggested a way to estimate the depth of seeding. In 201?, the "Town did a redo of invertebrate evaluation for species diversity and richness within the pond and compared it to the original study. Long Pond showed an increase in those areas, which is indicative of restoring to good health. An annual and monitoring reports are required part of the original project and so would be continued here. Recommends this be issued as a Negative 2 and Negative 3 allow=ing for work within the buffer zone and resource area. Jiotion Motion to Issue as recommended. (made by: Golding) (seconded by: LaFleur) Vote Carried 6-0//Engelbourg recused 2. _Amanda P. Olin — 52 Meadow View Drive (56-176) Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell & Assoc. Public None Discussion (1:03) Blackwell — This is to confirm the wetland boundaries and allow for abandonment of an existing septic and connection to the sewer with a gravity line. Explained how the septic would be abandoned. Staff Recommends this be issued as a Negative 3 allowing for work within the buffer zone \lotion Motion to Issue as recommended. (made by: Topham) (seconded by: Phillips) Vote Carried unanimously D. Minor Modifications 1. Lydia Denny- Realty Trust— 123 Wauwinet Road (12-9) SE48-3134 Sitting Erisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Staff This is for revised grading to elevation 9 over the approved tight tank and removal of the proposed addition. Discussion (6:06) None \Motion Motion to Approve. (made by: LaFleur) (seconded by: Topham) Vote Carried unanimously 2. _august Point, LLC — 8 Willard Street (42.4.1-55.1) SE48-3013 Sitting Frisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell & Assoc. Staff Discussion (6:07) Blackwell — This is for approval of a pergola that was built over a deck on the south side of the structure. The resource area is land subject to coastal storm flowage. The deck foundation system doesn't interrupt flow of flood water. \Motion Motion to Approve. (made by: Golding) (seconded by: LaFleur) Vote Carried unanimously Page 3 of 5 ConCom'\hnutes for )uh 3 2019 adopted Iuh- I- E. Certificates of Compliance 1. Town of Nantucket - Hummock Pond Road -'\fill- Street to Cisco Beach � 66-129 SE4B-243- Sitting Frisman, Golding, Steinauer, LaFleur, 'Popham, Engelbourg, Phillips Staff The Department of Public Works has scheduled work to fix the drainage gullies: this will be back on 1ul•. 1 Discussion (6:1u) None \lotion Continued to.) uh, 1,, 2019 by unanimous consent. Vote N /_A 2. Van Vorst - 8 Old Quidnet Milk Route (20-8.6) SE48-3149 Sitting Frisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Staff This was for a septic upgrade to I/_A; they have received the Certificate of Compliance from the Board of I Iealth (1301 �, so this can be issued. Discussion ((,:I1i None \lotion Motion to Issue. (made by: Steinauer) (seconded by: Topham; Vote Carried unanimoushv 3. Cambridge - 10 Medouie Creek (20-31.1) 5E48-230- (Cont. 07/31/19) T. Cambridge - 10 Medouie Creek (20-31.1) 5E48-1810(Cont. 07/31/19) 3. .August Point, LLC - 8 Willard Street (42.4.1-33.1) SE48-3013 Sitting Frisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Staff We feel with the minor modification; this will be in compliance. Discussion ((,:12) None \lotion Motion to Issue. (made by: Steinauer) (seconded by: Engelbourg Vote Carried unanimously 6. 115 Washington Street Extension, LLC - 113 Washington Street (33.1.4-39) SE48-2996 Sitting Frisman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Staff The structures appear to be in compliance; the inspection indicated there were no discharges. Discussion ((,:12) Jeff Blackwell, Blackwell & .Assoc. - The Order of Conditions %vas issued in 2(.113 «-tth m -o minor modifications for landscaping. The project is now complete in conformance with the permit. Velour. Zone requirements pushed the structures way up to 2 feet above the flood level. \lotion Motion to Issue. (made by: Engelbourg) (seconded by: Topham; Vote Carried unanimously F. Orders of Condition 1. Richard F. Behrman Trustee - 2-2 Polpis Road (25-30) SE48-3209 Sitting l:nsman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Staff The septic upgrade was previously closed out. The only condition is the requirement to meet Bt)li regulations. Discussion (6:16) '_done \lotion Motion to Approve as drafted. (made by: Golding) (seconded by: LaFleur Vote Carried unanimously G. Other Business 1. .Approval of \linutes - 06/19/19: _Adopted by unanimous consent. '_. Nlonitoring Report - None 3. Filforcement .Actions a. `Seonset Beach Preservation Foundation Sitting J:nsman, Golding, Steinauer, LaFleur, Topham, Engelbourg, Phillips Staff Working on mitigation sand on the `Sconset Bluff. They are well ay. -are that they rmeht have determine %%-h-• areas xvill need to have the contaminated sand removed. Hope to have this resolved I)% luly 1,_� Discussion (6:1Pi1 Engelbourg- _Asked about the status of dehveries of this sand. Carlson -They have stopped deliveries for the moment. Phillips - .\sked about the cause, if the source is at fault. Carlson - We're checking the sand source. The source they had been using provided comphant material. the-. would have to go through testing to ensure the sand is compliant. At the time that u -as approved, %ve used the Department of Environmental Protection (DEP) requirements for sand: «-e now have our own requirement. Phillips - With older orders that don't provide the specificin- they do now, asked if there is a way to clear those older orders to meet current requirements. Carlson - No; the orders have passed their 3 -year life. xve are under maintenance. If the condition tsn't no*cd as on-going, the State has ruled against trying to enforce a condition that isn't specified as on-going. Page 4of5 ConCom Minutes for )ulv 3 2019 adopted Iuh- I- 4. Appointment of Committee Representatives: a. CR\C (Coastal Resiliency Advisory Committee), Golding & LaFleur both interested. LaFleur appointed by flip of coin. b. CPC (Community Preservation Committee), 'Popham volunteered. _appointed by unanimous consent. c. NP&FDC (_Nantucket Planning and Economic Development Committee), Phillips volunteered. appointed b% unanimous consent. d. \Iosquito Control Committee, Carlson — If this committee returns, the Commission can appoint a representative at that time. 5. Commissioners Comment a. Engelbourg and Phillips welcomed to the Board. 6. _Administrator/Staff Reports it. If there are any subjects not applicant driven that the Commissioners want to have added to the agenda, please let him know. \djourned at 6:36 p.m. by unanimous consent. Submitted by: Tern, L. Norton Page 5 of 5