HomeMy WebLinkAbout2019-12-18ConCom Minutes for December 18 2019 ado ted Jan. 8, 2020
CONSERVATION COMMISSION
PUBLIC MEETING
2 Bathing Beach Road
Nantucket, Massachusetts 02554
u1Nvw.nantucket-ma. ov
Wednesday, December 18, 2019
4 Fairgrounds Road, Training Room
C L E gf
2020 JA.R 13 AM I1: 12
F.M.
Commissioners: Ashley Erisman (Chair), Ian Golding (Vice Chair), David LaFleur, Joe Topham,
Ced to order at 5:02 p.m. Seth Engelbourg, and Maureen Phillips
all
Staff in attendance: Joanne Dodd, Natural Resources Office Administrator; Terry Norton, Town Minutes Taker
Attending Members: Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Absent Members: None
Late Arrivals: None
Earlier Departure:
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. Eli Zabar — 47 Squam Road (13-22) SE48-3253 (Cont. 06/24/2020)
2. *Bonnie L. Sacerdote, Trustee —19 Kimball Avenue (30-29) SE48-3260
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surveyors
Cloe Coggins, Nantucket Surveyors
Public None
Discussion (5:03) Santos — For approximately 90 linear feet of permanent sand -drift fencing and ties into two other projects in
the area. Resource areas are: Coastal dune, LSCSF, coastal bank. Do not have a final review from NHESP.
Phillips — Confirmed that the fence in one of the photos is on one of the properties to the east.
Santos — To the east, yes; to the west there is no fencing in front of that developed property. Asked for a
continuance.
Staff None
Motion Continued to January 8, 2020 by unanimous consent.
Vote N/A
3. *Patrick S. Keating — 49 Red Barn Road (63-15) SE48-3262
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surveyors
Cloe Coggins, Nantucket Surveyors
Public None
Discussion (5:o9) Santos — For relocation of the house on property as far from the adjacent to an eroding coastal bank as
possible. There is coastal dune on the property and a vegetated wetland north of the property but outside the
100 -foot buffer. Within NHESP protection and awaiting their Wiling. Above the flood zone. The foundation
will be a crawl space. Existing well and septic will remain in place. Not proosing
bank. pany stabilization of the
Topham — Asked what will happen to the propane tank and wrap-around deck.
Santos — The deck will be removed, and the propane tank will have to be moved as well. This will be
relocated in the area of the existing driveway.
Erisman — Ensured that the vacated area will be cleaned up.
Engelbourg — This is a productive harrier habitat.
Santos - Asked for a continuance.
Staff None
Motion Continued to January 8, 2020 by unanimous consent.
Vote N/A
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ConCom Minutes for December 18 2019 adopted Tan. 8, 2020
4. *Britannia Nantucket, Inc — 81 Squam Road (13-6) SE48-3261
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surveyors
Cloe Coggins, Nantucket Surveyors
Public Nonewithin the buffer to BVW. lbove any flood
Discussion (5:18) Santos — This is for an addition to the secondary dwelling/garage
zone. Foundation is a slab under the garage; will have to relocate the septic. No waivers are required.
Staff Have everything needed to close.
Motion Motion to Close. (made by: LaFleur) (seconded by: Topham)
Vote Carried unanimously
5. *100R Wauwinet Road N.T —10OR Wauwinet Road (11-23) N11N-130
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Brian Madden, LEC Environmental
Public None
Discussion (522) Madden — This is for a septic upgrade to I/r1 system within the buffer to an isolated vegetated wetland; no
work within 100 feet of top of coastal bank. Existing leach field will be pumped and back filled. All work
within existing lawn area.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Phillips) (seconded by: Engelbourg)
Vote Carried unanimously
6. *46 Shimmo Pond Road N.T — 46 Shimmo Pond Road (43-77) SE48- (Cont. 01/08/2020)
7. *Rec 21 WP, LLC — 21 Washing Pond Road (31-31) SE48-3263
Sitting Erisman, Golding, 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 (5:24) Haines — This is for work in the buffer zone to Washing Pond and abutting bordering vegetated wetland for
a pool and landscaping. All vegetation is indigenous; no cultivars- Will work up to the 25 -foot buffer. Pool
bottom elevation 26 with groundwater at elevation 15. Will install 100 -foot silt fence. Do have a filing with
Department of Environmental Protection (DEP).
Golding — Asked how the grade will be leveled for the pool.
Haines — There will need 2 to 3 feet of fill in some areas.
Topham — There will have to be a step down from the patio to the pool area.
Engelbourg — The landscaping plan shows some non-native plants and hybrids within the buffer.
Erisman — It is very important in this area for there to be no cultivars.
Topham — risked if there would be any phragmites mitigation.
Haines — If we run into it.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Engelbourg) (seconded by: LaFleur)
Vote Carried unanimously
8. *262 Polpis Road N.T — 262 Polpis Road (25-1) SE48-3257
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Brian Madden, LEC Environmental
Public None and
Discussion (5:31) Madden — The resource areas are confirmed. This is for adding a 96 square foot (SF) tennis court bed
regrade lawn area within the 100 -foot buffer. Will upgrade the 50 -foot buffer zone by keeping the trees,
remove the vines, from the trees and clean up the area of invasive species. Also propose a meandering path
between the primary dwelling and the court. Most work within the 50 will be by hand but some small
machinery will be needed to remove the vines. The idea is to clean up and let it regrow.
Erisman — Asked how much of the vines will remain.
Madden — About 50/50; we could condition a pre -construction meeting to rex
lew it and stake everything
out.
Phillips — Suggested before and after photos and photo monitoring going forward.
Erisman —!Asked that the large trees be identified on the plan to ensure they are undisturbed.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Golding) (seconded by: LaFleur)
Vote Carried unanimously
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18, 2019 adopted Jan 8, 2020
9• *John J. Moller —10 Monomoy Creek Road (54-54.2) SE48-3258
10. *Monomoy Creek Road Nominee Trust — 12 Monomoy Creek Road (54
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips 54.1) SE48-3259
-Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Brian Madden, LEC Environmental
Public Edie Ray
Discussion (5:41) Madden — There are three open orders across these two properties. He observed unauthorized cutting within
the buffer to a coastal bank and bordering vegetated wetland and work on the bank itself. The cutting crosses
both properties. We counted 8 sassafras trunks of 4" to 12" diameter. Some cleanup was done to remove
mash. Proposing to remove the excess mash. Original order was for honeysuckle, privet, and Japanese
honeysuckle. Want to encourage the sassafras saplings to grow but have a lot of honeysuckle vines and privet
around them. The invasives will be removed by hand and native species planted around the trees. Will expand
the restoration area and keep the existing lawn area. Will monitor the restoration areas. Will place permanent
markers along the lawn edge. Massachusetts Natural Heritage (LVNIH)
Creek Road and waiting to hear from them. boundary extends into 12 Monomoy
Engelbourg — We lost the majority of trees and shrubs; the applicant should install equal -to or greater -than
the biomass that was loss.
Madden — Thinks that can be identified. Doesn't want to do a lot of excavation in the area of the coastal
bank.
Engelbourg — The cutting changes the dynamics of the area; we need to get back some of that barrier.
Erisman — About the beach path, she has seen a strange assemblage of material there; wants to know the
disposition of that which is on the property.
Engelbourg — All invasive materials must be disposed of appropriately.
Ray — She feels that the removed trees and probably had something to do with enhancing the view; her
concern is that the replacement plants won't attain the height of the original trees. Trees of equal height
should be included in the planting plan.
Madden — Asked for a continuance.
Staff None
Motion Continued to January 8, 2020 by unanimous consent.
Vote NSA
B. Amended Orders of Conditions
1. Alice Rochat —100 Low Beach Road (75-27) SE48-3027
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Jeff Blackwell, Blackwell & Associates
Public None
Discussion (5:54) Blackwell — A shed had been placed within the buffer without permit; solution is to move west of the
cabana, which is more than 50 feet from the wetland and to comply with zoning.
Staff None
Motion Motion to Approve the amended order. (made by: Golding) (seconded by: Topham)
Vote Carried unanimously
III. PUBLIC MEETING
C. Requests for Determination of Applicability
1. Cameron Dias — 52R Surfside Road (67-560)
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Mark Rits, Site Design Engineering
Public None
Discussion (5:57) Rits — This is for a house outside the 50 -foot buffer to an off-site wetland.
Staff Negative 3 for work within buffer.
Motion Motion to Issue as recommended. (made by: Golding) (seconded by: Topham)
Vote Carried unanimously
2. Hope Scott Rogers — 6 & 11 East Hallowell Lane (30-98 & 17)
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Mark Rits, Site Design Engineering
Public None
Discussion (6:00) Rits — For a septic upgrade within buffer to coastal bank; leach facility is outside jurisdiction. All work is
within existing lawn.
Staff Negative 3 for work within the buffer.
Motion Motion to Issue as recommended. (made by: LaFleur) (seconded by: Phillips)
Vote Carried unanimously
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ConCom Minutes for December 18 2019 ado ted jan. 8 2020
D. Minor Modifications
1. Sixty -Four Walsh Street, LLC. — 66 Walsh Street (29-94.1) SE48-3251
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Mark Rits, Site Design Engineering
Public None
change the walkway from brick to crushed shell, which is more pervious. The grade has been
Discussion (6:01) Rits —This to
restored.
Staff None
Motion Motion to Issue as a Minor Modification. (made by: Golding) (seconded bN : Lafleur)
Vote Carried unanimously
E. Certificates of Compliance
1. Rock Gonnella, Trustee of the North Nominee Trust — 73 Easton Sweet (42.4.1-109) SE48-2994 (Cont. 01/08/2020)
2. Boris L. Ivanov —139 Polpis Road (44-7.2) SE48-3082
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Staff The packet shows a deer fence within the 25 -foot buffer, it has been removed and the site is now in
compliance.
Discussion (6:m) None
Motion Motion to Issue. (made by: Topham) (seconded by: Engelbourg)
Vote Carried unanimously
3. Madaket Wheelhouse, LLC —13 Massachusetts Avenue (60-75) SE48-2893 (Cont 01/08/2020)
4. Revocable Trust Agreement of Elizabeth C. Nix — 43 Starbuck Road (59.3-49) SE48-2976
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Staff Work is complete in compliance with on-going Conditions 19 & 20.
Discussion (6:04) None ( y Engelbourg) seconded b Phillips)
Motion Motion to Issue with on-going Conditions 19 & 20. made b : lbo ( 5"
Vote Carried unanimously
5. John J. Moller —10 Monomoy Creek Road (54-54.2) SE48-2797(Cont. 01/08/2020)
6. John J. Moller —10 Monomoy Creek Road (54-54.2) SE48-2801(Cont. 01/08/2020)
7. Monomoy Creek Nominee Trust —12 Monomoy Creek Road (5454.1) SE48-2665(Cont. 01/08/2020)
8. Sixty -Four Walsh Street, LLC — 66 Walsh Street (29-94.1) SE48-3251
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Staff On-going Condition 19.
Discussion (6:06) Mark Rits, Site Design Engineering — This is the grading restoration, plantings and removal of retaining Fall.
The site and plan have been reviewed by staff and the grade is in substantial compliance.
Motion Motion to Issue with on-going Condition 19. (made by: Phillips) (seconded by: Golding)
Vote Carried unanimously
9. Polpis Harbor, LLC — 250 Polpis Road (26-27) SE48-2779
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Staff On-going Cond 19 & 20.
Discussion (G:o9) Mark Rits, Site Design Engineering — The order has expired for extensive site work. Portions of the DEP
buffer were allowed to revegetate. Work is in substantial compliance.
Motion Motion to Issue with on-going Cond 19 & 20. Go/To (made by:) (seconded by:)
Vote Carried unanimously
10. R. Thomas and James R. Okonak, Trustees — 20 & 23 Massachusetts Avenue (60.3.1-311 & 321) SE48 3044
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Staff For installation of a tight tank. Submitted Board of Health sign off. No on-going conditions
Discussion (6:11) None
Motion Motion to Issue. (made by: LaFleur) (seconded by: Phillips)
Vote Carried unanimously
11. Alice Rochat —100 Low Beach Road (75-27) SE48-1818(Cont 01/08/2020)
F. Orders of Condition
1. Britannia Nantucket, Inc — 81 Squam Road (13-6) SE48-3261
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff None
Discussion (6:12) None
Motion Motion to Approve as drafted. (trade by: Topham) (seconded bi LaFleur)
Vote Carried unanimously
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ConCom Minutes for December 18, 2019, adopted Ian. 8.2020
2. 10OR Wauwinet Road N.T —10OR Wauwinet Road (11-23) NAN-130
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff None
Discussion (6:15) None
Motion Motion to Approve as drafted. (made by: Engelbourg) (seconded by: Phillips)
Vote Carried unanimously
3. Rec 21 WP, LLC — 21 Washing Pond Road (31-31) SE48-3263
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff Will amend Condition 21.
Discussion (6:15) Golding — Condition 21, should read "to an area off the site" so discharge doesn't come back down the hill.
Erisman — Should add no cultivars.
Motion Motion to Approve as amended. (made by: Golding) (seconded by: Topham)
Vote Carried unanimously
4. 262 Polpis Road N.T — 262 Polpis Road (25-1) SE48-3257
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Documentation None
Staff There is no draft of the Order.
Discussion (6:18) Topham — Add photo monitoring.
Golding — Add that the trees should be 4" to 12" in diameter
Motion Continued to January 8, 2020 by unanimous consent.
Vote N/A
G. Other Business
1. Approval of Minutes — 11 /20/2019: Approved by unanimous consent.
2. Monitoring Report
a. SE48-2797 Von Summer and Moller —10 Monomoy Creek Road
b. SE48-2665 Monomoy Creek RT —12 Monomoy Creek Road
c. SE48-3004 Nantucket Pond Coalition — Eastern Shore of Hummock Pond
3. Enforcement Actions
a. SE48-2824 `Sconset Beach Preservation Foundation (SBPF) — Baxter Road: Nourishment Material
Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips
Documentation Draft Chemical/Biological testing protocol; handout from Yvonne Vaillancourt
Rep Steven Cohen, Cohen & Cohen Law P.0
Jamie Feeley, Cottage & Castle
Public Edie Ray
R J. Turcotte, Nantucket Land Council
D. Anne Atherton, Nantucket Coastal Conservancy
Burton Balkind
Discussion (6:20) Cohen — Talked to OHI Engineering involved in the testing involved here; only a few licensed contractors do
this kind of work. Briefly summarized the proposed protocol; the testing follows DEP guidelines for testing
effluent from septic systems. Believes the timeline and protocols are good and will get right on it. Will follow
through with daily removal and cataloging of debris.
LaFleur — Asked when the testing would be done and results in.
Cohen — It can be done in as little as three weeks if the weather holds.
Engelbourg — In the Enforcement Order, we codified that additional samples be taken between mean high
and mean low water mark in the tidal zone. Feels there are some missing criteria in the testing for chemical and
biological elements; it's important to test for Ph, topo nitrogen, phosphate and phosphorous.
Golding — Asked what coliform means; what type of bacteria.
Erisman — People coliforms
Phillips — SBPF should keep the commission apprised of progress; as we close on a certain date we have
something to look at.
Erisman — SBPF is also on January 8, 2020 under the Other Business portion of the agenda for further
discussions. Asked if they have started logging removal of debris; they need to do that.
Feeley — He thought that was part of a larger effort. There is overlap on the southern end; he hopes to start
with 85 and get that end cleaned up.
Cohen — We will be picking up debris from the template; our intent is also to remove pipes and wires from the
debris before they fall to the template.
Golding — Looking at sewer sludge, which contains various diseases. Asked they should to test for that as well
or will the testing for fecal matter cover that.
Engelbourg — His understanding is that coliform testing will detect that.
Erisman — Opened to the public at 6:35 p.m.
Ray — She thought she heard them say they are using guidelines for dredge material being moved from one
place to another.
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ConCom Minutes for December 18 2019 adopted ]an. 8 2020
Erisman — DEP guidelines protect dredged material going onto the beach.
Ray — :asked if a different type of testing could be used that makes more sense to this situation.
Erisman — Some of the guidelines are for testing leach fields. We are looking for a testing metric.
Golding — Read the metals that would be tested for.
LaFleur — The DEP standards are more stringent than we perhaps actually need here.
Engelbourg — The only soil test that would be more restrictive would be for active agricultural fields. This is a
very robust array of sampling.
Ray — .Asked if there would be a benefit to testing the source site.
Erisman — Doing that could add more confusion to what is going on. No further dumping will take place until
the testing is done.
Turcotte — Referred to :his. Vaillancourt's handout of comments on DEP testing of dredge material and
ensuring there is no composite sampling.
Golding — asked if it might be possible to get an OHI Engineering representative to address the Commission.
Discussion about the next date for further discussion and attendance by an OHI representative and ensuring
the samples are not composite.
Cohen — He can have the contractor submit his process in written form.
Turcotte — If it turns out the beach is contaminated, it is important to look at remediation efforts going
forward.
Ray — Confirmed OHI will come to the island to take the samples and some testing on site but some off Island
to a lab; wants to know which tests would be taken off Island.
Cohen — That would be covered in more detailed protocols.
DA Atherton — Suggested that the Commission retaining an independent reviewer go through the protocol -
Clearly this is an expertise we have at the :lass Field Station.
Erisman — That was brought up at the last meeting and we asked Mr. Carlson to look into it
Dodd — Mr. Carlson wanted to see first what was proposed before retaining an independent reviewer.
Engelbourg — He's concerned about the confusion regarding whether or not these are composite samplings.
Cohen — He will tell his client to add 8 more samples down to the low tide, add testing for PH, topo nitrogen,
phosphate and phosphorous, the testing be done as individual samples, and provide protocols from the
contractor before work is done.
Golding — He wants an independent review to go over the protocol first and have the applicant pay for that.
Erisman — Her concern is that could take months. The longer we delay, the more gets washed out from rain.
Phillips — asked if fit. Carlson had identified a 31d -party independent reviewer to look at the protocol as
quickly as possible.
Dodd — She believes they can have someone at the initial stage to take a look at it.
Erisman — Suggested a motion to allow them to do the daily removal with documentation and get the testing
started.
Balkind — He watched the template today and didn't see any debris. Asked if chain of custody of the samples
is included in the protocols.
Cohen — That is in the letter.
Balkind — He's still concerned about their pushing 10,000 cubic yards of sand over the edge onto the template
and the impact on the beach.
Discussion on the motion
Phillips — Asked if we want to have them start before someone reviews the protocol- We all wish we had that
particular expertise here.
Erisman — Doesn't know if the review before testing is possible since it could take so long.
Engelbourg — He wants to add the lab to hold onto the material, so it isn't released into the environment.
Cohen — He can add that to the protocol
Action Motion to Allow SBPF to move forward with daily removal of debris and proceed with the
chemical/biological testing with the intent protocol. (made by: Golding) (seconded by: Engelbourg)
Vote Carried unanimously
4. Reports:
a. CRAC, Golding
b. CPC, Topham
5. Commissioners Comment
a. Topham — Project on he thinks 65 (actual 85) Sankaty Road that has a lot of debris; there is a DEP sign
6. Administrator/Staff Reports
a. None
.Adjourned at 7:14 p.m. by unanimous consent.
Submitted by:
Terra L. Norton
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