HomeMy WebLinkAbout2020-2-19 ConCom Minutes for February 19,2020,adopted Mar.4
CONSERVATION COMMISSION
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Wednesday,February 19,2020
4 Fairgrounds Road,Training Room—5:00 p.m.
Commissioners: Ashley Erisman (Chair), Ian Golding (Vice Chair),David LaFleur,Joe Topham,
Seth Engelbourg, Maureen Phillips, and Mark Beale
Called to order at 5:00 p.m.
Staff in attendance: Jeff Carlson,Natural Resources Director;Joanne Dodd,Natural Resources Coordinator
Attending Members: Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Absent Members: Phillips
Agenda adopted by unanimous consent
*Matter has not been heard
I. PUBLIC MEETING
A. Announcements
B. Public Comment—None
H. PUBLIC HEARING
A. Notice of Intent
1. Chuckrow Nominee Trust—25 Quaise Road(26-12)SE48-3241 (Cont.3/4/2020)
2. Nantucket Point of View,LLC—9 Lincoln Avenue(30-137)SE48-3278(Cont.3/4/2020)
3. Suzanne Keller and Andrew Bennett—49 Millbrook Road(56-241)SE48-3277
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Site and topographical plans,photos,requisite departmental reports and correspondence.
Representative David M.Haines,Haines Hydrogeologic Consulting
Andrew Bennett,co-owner
Public None
Discussion(5:02) Haines —This was continued for a Department of Environmental Protection (DEP) file number. Reviewed
project and resource areas.No waivers required.
Staff Have everything needed to close.
Motion Motion to Close. (made by:LaFleur) (seconded)
Vote Carried unanimously
4. Town of Nantucket—4 California Avenue&Alabama Avenue(60;60.2.4-132;53)SE48-3876
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Site and topographical plans,photos,requisite departmental reports and correspondence.
Representative Jeff Carlson,Natural Resources Department
Vince Murphy,Natural Resources Department
Public
Discussion(5:04) Carlson—This was continued for a DEP file number and for the vegetative plantings on a coastal dune.
Murphy—Reviewed the project.
Staff Have everything needed to close.
Motion Motion to Close. (made by:Golding) (seconded)
Vote Carried unanimously
5. *Lewis E.Kelsey,Jr.—17,19,&21 Folger Avenue(80-151,110&42 Respectively)SE48-3280
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Site and topographical plans,photos,requisite departmental reports and correspondence.
Representative Don Bracken,Bracken Engineering
Public None
Discussion(5:05) Bracken — For installation of a 1600-foot-long low-pressure sewer main. Within buffer for a bordering
vegetated wetland.The line will be 2"wide and 4 feet deep;it must be inspected prior to activation.Asked for
a waiver for work within the 25-foot buffer.A silt fence will be installed for any work within the buffer.
Staff Have everything needed to close.
Motion Motion to Close.(made by:Topham) (seconded)
Vote Carried unanimously
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ConCom Minutes for February 19,2020,adopted Mar. 4
6. *Nantucket Island School of Design and the Arts,Inc—23&25 Wauwinet Road (20-36&80)SE48-3279
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Site and topographical plans,photos,requisite departmental reports and correspondence.
Representative Brian Madden,LEC Environmental
Arthur Reade,Reade,Gullicksen,Hanley,&Gifford LLP
Don Bracken,Bracken Engineering
Public R.J.Turcott,Nantucket Land Council,Inc.
Discussion(5:09) Madden — Resource areas are bordering vegetated wetland, flood zone, Eat Fire Springs and bank, and
culverts;what had been a cow pond has transferred into a reedy pond.This is to relocate a driveway onto the
property. This property is subject to stormwater management; explained the stormwater management plan.
Explained a proposed foundation drain for the southeast barn near Eat Fire Spring.Will clean out the culverts
under Wauwinet Road by hand to restore flow to Polpis Harbor.
Erisman — It might be worth making contact with the Town to ensure the culverts are kept clean in the
future.
Turcott — Asked why the proposed restoration area wasn't located on the edge of the wetland The
commission should condition this, so the replication is finished, done, and successful before issuing the
Certificate of Compliance.
Madden —The restoration area was to maintain separation from the pavilion and avoid impact on the welL
We saw an opportunity to restore a stream and build a replication area off that;there will be a split-rail fence
and berm providing separation from the well in an area that is currently open grass.
Engelbourg—He's concerned that where the driveway curves,people will swing wide off the driveway.
Staff The Polpis and Wauwinet Roads drainage structures and culverts have been neglected for quite some time.
Have everything needed to close.
Motion Motion to Close. (made by:LaFleur) (seconded)
Vote Carried unanimously
7. *Carlton Neel&Nina Marie Weissenberger—84 Pocomo Road(15-40)SE48-3283
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Site and topographical plans,photos,requisite departmental reports and correspondence.
Representative Art Gasbarro,Nantucket Engineering&Survey
Public None
Discussion(5:25) Gasbarro—This is for work within buffer to a coastal bank for residential redevelopment: existing house to
be demolished, new construction almost completely outside the 100-foot buffer, pool, patio, and decks
outside the 50-foot buffer.No work within the 50-foot buffer.
Erisman—The plants within the 25-foot buffer should all be native.
Staff Have everything needed to close.
Motion Motion to Close. (made by:LaFleur) (seconded)
Vote Carried unanimously
8. *Ten Easy Street Nominee Trust—10 Easy Street(42.3.1-78) SE48-
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Site and topographical plans,photos,requisite departmental reports and correspondence.
Representative Paul Santos,Nantucket Surveyors
Public None
Discussion(5:29) Santos—This is work within land subject to coastal storm flowage,the Easy Street bulkhead,and Nantucket
Harbor. To construct two off-street parking spaces. New Town policy says parking within core district must
go to the Historic District Commission before going to the Department of Public Works. Pending an
approval of this board,we'll have to file a Chapter 91 application.Asked for a 2-week continuance.
Staff Do not have a DEP file number.
Motion Continued to March 4 by unanimous consent.
Vote N/A
9. *Escapehatch,LLC—20 Western Avenue(87-74)SE48-3282
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Site and topographical plans,photos,requisite departmental reports and correspondence.
Representative Art Gasbarro,Nantucket Engineering&Survey
Public None
Discussion(5:33) Gasbarro—This is work within buffer to a coastal dune for upgrade of the septic to I/A,change the leach pit
to a trench,convert brick patio to bluestone outside the 25-foot buffer,walking path relocated onto property.
This is under review by Massachusetts Natural Heritage (MNH).
Erisman—Wants the path flagged all the way to the beach, for whomever cuts it, to avoid any endangered
species;also,whoever does it should know what they're doing.
Gasbarro—Suggested conditioning a pre-construction on site meeting.Asked for a 2-week continuance.
Staff None
Motion Continued to March 4 by unanimous consent.
Vote N/A
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ConCom Minutes for February 19,2020,adopted Mar.4
10.*Kevin Martin—15-27 High Brush Path(56-Various)SE48-3281
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Site and topographical plans,photos,requisite departmental reports and correspondence.
Representative Don Bracken,Bracken Engineering
Public None
Discussion(5:40) Bracken—Sewer extension project;all wetland areas are off site with work within the High Brush Path.Some
work within the 50-foot setback in previously disturbed areas. It will be a 2-inch line pressure tested by the
Town.
Staff Have everything needed to close.
Motion Motion to Close. (made by:Golding) (seconded)
Vote Carried unanimously
III. PUBLIC MEETING
C. Requests for Determination of Applicability
1. Mid-Island Service Limited Partnership—41 &43 Sparks Avenue(55-267.4&267.3)
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Site and topographical plans,photos,requisite departmental reports and correspondence.
Representative Leo Asadoorian,Blackwell&Assoc.
Bob Sinclair,manager Mid-Island Service
Public None
Discussion(5:43) Asadoorian—This is currently going through the Planning Board process for a special permit and is being
heavily vetted. We've incorporated changes based upon comments of Ed Pesce,Town Consulting Engineer,
and Rob McNeil,Director of DPW.We are moving the drainage to ensure no runoff into the Town property
layout; explained what that will entail. He will submit an Operations and Maintenance Agreement (OMA)
once it is vetted by the Planning Board. The carwash has three 1500-gallon recycling tanks that goes into a
sanitized septic.
Staff Recommend a Negative 3 for work within the buffer to the resource area; also recommend a condition the
filing of the OMA and records of clean-out.
Motion Motion to Approve as recommended. (made by:Golding) (seconded)
Vote Carried unanimously
2. The JRG Realty Trust—27 Washing Pond Road(31-30)
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Site and topographical plans,photos,requisite departmental reports and correspondence.
Representative Mark Rits,Site Design Engineering
Public None
Discussion(5:50) Rits—this is for construction of upgraded septic;wetlands delineated by Brian Madden,LEC EnvironmentaL
Work within jurisdiction is septic tank and force main.
Staff Recommend a Positive 2 confirming resource area and Negative 3 for work within the buffer to the resource
area.
Motion Motion to Approve as recommended. (made by:Topham) (seconded)
Vote Carried unanimously
D. Minor Modification
1. Cummings—36 Crooked Lane(41-330)SE48-3255
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Site and topographical plans,photos,requisite departmental reports and correspondence.
Representative Mark Rits,Site Design Engineering
Public None
Discussion(5:52) Rits—The original NOI was for sewer connection;this is for the force main to go up the eastern shoulder of
Crooked Lane.
Erisman—Asked about on-going issues with the sewer lines along Crooked Lane
Staff Part of the problem is the lines weren't installed by the Town and there was time when they weren't as good
about doing as-built plans.
Motion Motion to Approve the Minor Modification. (made by:Golding) (seconded)
Vote Carried unanimously
E. Certificates of Compliance
1. Hardman-51B Madaket Road(41-325.1)SE48-3110(Cont.3/4/20)
2. Madaket Wheelhouse,LLC—13 Massachusetts Avenue(60-75)SE48-2893(Cont.3/4/2020)
3. Merson—71 Baxter Road(49-26.1)SE48-2138 Reissue
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Order of Conditions
Staff This property contains both a registered and an unregistered piece of land;when the Certificate was issued it
was against the unregistered portion,not the registered portion.We need to reissue so the title is included.
Discussion(5:56) None
Motion Motion to Reissue. (made by:Golding) (seconded)
Vote Carried unanimously
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ConCom Minutes for February 19,2020,adopted Mar.4
F. Orders of Condition
1. Suzanne Keller and Andrew Bennett—49 Millbrook Road(56-241)SE48-3277
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Draft Order of Conditions
Staff None
Discussion(5:57) None
Motion Motion to Approve as drafted. (made by:Golding) (seconded)
Vote Carried unanimously
2. Town of Nantucket—4 California Avenue&Alabama Avenue(60;60.2.4-132;53)SE48-3276
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Draft Order of Conditions
Staff No waiver is necessary since the plantings are required to be in the dune. Will add a condition monitor for
90%survival rate.
Discussion(5:58) Topham—Asked for failure criteria for the plantings.
Motion Motion to Approve as amended.(made by:Golding) (seconded)
Vote Carried unanimously
3. Lewis E.Kelsey,Jr.—17,19,21 Folger Avenue(80-151,110&42 Respectively)SE48-3280
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Draft Order of Conditions
Staff Condition 19 requires an as-built approved by the Sewer Department
Discussion(6:01) None
Motion Motion to Approve as drafted. (made by:Topham) (seconded)
Vote Carried unanimously
4. Carlton Neel&Nina Marie Weissenberger—84 Pocomo Road(15-40)SE48-3283
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Draft Order of Conditions
Staff This has the standard pool conditions.Will add Condition 23 will address the plants within the 50-buffer.
Discussion(6:03) Engelbourg—Asked about the plantings within the 50-foot buffer.
Motion Motion to Approve as amended. (made by:Golding) (seconded)
Vote Carried unanimously
5. Kevin Martin—15-27 High Brush Path(56-Various)SE48-3281
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation Draft Order of Conditions
Staff Pretty standard.
Discussion(6:04) None
Motion Motion to Approve as drafted. (made by:Engelbourg) (seconded)
Vote Carried unanimously
6. Nantucket Island School of Design and the Arts,Inc—23&25 Wauwinet Road(20-36&80)SE48-3279
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Staff This wasn't closed but asked if he should type up a positive Order of Conditions for this.
Discussion(6:05) Golding—Asked about the replication criteria.
Erisman—Suggested submission of correspondence with the DPW about the culvert.
Beale—Asked about the oversight for the replication area.
Carlson— Reviewed the requirements to include a pre-construction on-site visit with milestone inspections
along the way.
Motion No action at this time.
Vote N/A
G. Extension Requests
1. Lower Pocomo Nominee Trust—88 Pocomo Road(15-42)SE48-2690 Reissue
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation SE48-2690
Staff Noted there had been errors on the front page.This is an extension until July 2020
Discussion(6:08) None
Motion Motion to Reissue the extension for SE48-2690 as corrected. (made by:: Golding) (seconded)
Vote Carried unanimously
2. Pocomo Point Realty Trust—90 Pocomo Road(1543)SE48-2946 Reissue
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Documentation SE48-2946
Staff Noted there had been errors on the front page.This is an extension until July 2022
Discussion(6:00) None
Motion Motion to Reissue the extension for SE48-2946 as corrected. (made by:Golding) (seconded)
Vote Carried unanimously
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ConCom Minutes for February 19,2020,ado•ted Mar.4
H. Other Business
1. Approval of Minutes—None
2. Monitoring Report—None
3. Enforcement Actions
a. SE48-2824-Daily Logs,Chemical Analysis Report.
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
SBPF Reps. Dwight Dunk,Epsilon Associates
Jim Borrebach,OHI Engineering
Discussion(6:10) Carlson — The office received the report yesterday afternoon and sent it to our third-party reviewer, Greg
Berman.
Borrebach—Explained the sampling protocol-collected 32 samples. Reviewed the report and testing results
using DEP guidance: no VOCs, PAHs, or TPH above detection limits; some metals found in most samples,
conclusion is it come from natural environment; found Nitrate/Nitrite,TKN, and PH slightly higher in grey
sand versus tan sand, conclusion is similar; Total Coliform (TC) is similar in grey and tan sand. Looked at
research regarding fecal coliform;most of that is for drinking water in agricultural soils augmented with sludge.
Reviewed coliform survivability environment. Recommendation, though the grey sand is not a significant
health concern, don't use it anymore for visual reasons. For grey sand that is there, we believe it should be
spread and mixed into the tan sand and allowed to spill over the edge of the template;grey sand has more silt
than tan sand so mixing helps increase the silt content and spreading it exposes it to UV,salt,and temperature
changes.In conclusion,no pollutants were detected at above the natural background level.
Engelbourg— He's concerned about the TC given that it degrades quickly in the environment and the level
detected in the beach sand is almost 20 time higher than in template sand. We know there were at least two
significant storms that pushed the material onto the beach.
Borrebach—The beach samples were collected very close to the beach side of the bottom tube;closer to the
water line the coliform was less,which indicates it is being dispersed.
Dunk—Looking at the movement of the grey from the template to the beach, samples from both areas is in
similar range.
Golding—Under the TC values,it says mean tidal zone are all at 1.02 while the sand template varies from 28
to 1,541;that doesn't strike him as similar.Asked why they are saying the two areas are similar.
Borrebach—We are talking about sand on the beach sand at the toe of the template: tan sand is at 14.9 and
grey is at 263.He wasn't talking about intertidal.
Golding—He would like Mr. Berman to attend to help the commission understand the report; he feels the
values are very extreme.
Borrebach — All the chemical analyses have the same criteria; coliforms do not because the testing is in
drinking water rather than soil. In this situation, there is no continuing source for coliforms;it migrates from
the template,to the beach,to the intertidal zone,and goes away.
Dunk—He has a background in toxicology risk assessment;looking at the TC results,fecal is a subset less than
half the number.Looking at the fecal content in soils,it's usually 2—4 order-of-magnitude below the total and
on a beach is detectable only for from 30 to 80 days depending on the environment.When it comes to human
health,even if there was some fecal coliform,the exposure would only be through ingestion.
Erisman—There is clearly a higher concentration in the template and shows the material was contaminated.
Asked if the source has been identified.
Dunk—You find the TC in topsoil not subsoil.The grey sand came from a pit on Spearhead.
Golding—You can also find it in a failed septic;there was anecdotal evidence of that in the sand.
Dunk — In terms of the anecdotal evidence, we spoke to the equipment operator on that site; he took the
material from excavation from the foundation was used for the template.
Engelbourg—Asked what the detection level of concern would be.
Borrebach—You also have to look at the potential exposure;there is no standard for fecal coliform or TC in
soil; in his opinion, it's related to the silt content in that material. He doesn't believe it constitutes a health
hazard.
Erisman—We don't know what the level was when the sand was dumped onto the beach; if they were this
high in January, she's concerned about what the level was when it was initially dumped.We have data showing
that the farther from the template, the less the TC but it's still higher than is natural;we now have a baseline.
She thinks we need a more thorough plan.
Dunk — You need to look at if there a human health or ecological risk and where the material is being
transported.In this case it is going into the ocean and ocean water,which is nitrogen limited,constantly flushes
the area.
Erisman—She'd like to get a sample of the beach off the ends of the template to get a baseline of the natural
level of coliforms.She's also concerned that she's hearing that"the solution to pollution is dilution."
Dunk—The ocean is not phosphorus limited so that won't change the biological oceanography.The ocean is
nitrogen limited but the levels here won't change the levels in the ocean. Natural salt desiccation will occur on
the template.Algae is the result of several 100 gallons of sewage outfall.
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ConCom Minutes for February. 19,2020,adopted Mar.4
Golding—It's frustrating that this happened,and we aren't saying the protocol going forward is inappropriate.
However, he feels we need Mr. Berman to explain the test results to the commission. He thinks that the
commission might want to draft more stringent regulations regarding sourcing template sand.
Engelbourg — What happened was potential contamination was placed on the template; however, allowing
that material to be pushed over with the rest of the mitigation is saying we are allowing contaminated
mitigation sand;to him that's unacceptable.
Yvonne Vallencourt, UMass Field Station—About the chemical analysis,it looks like Sample -Ledge 6 Grey
had chemicals within the reporting limit; that's why you ask for discrete samples. She has concerns about the
recommendations and agrees with the Commission;UV is a superficial way to sanitize;desiccation doesn't kill
everything. Feels it would be wise to test where the levels of fecal coliform are high. She'd also be concerned
with people breathing it in;sand gets blown away from the water.
R.J. Turcott,Nantucket Land Council,Inc.—TC levels are unacceptably high,Fecal coliform levels are based
upon past studies,other coliforms could be in the samples.This is not clean fill;and thought ingestion is slim,
it could enter through an open wound.This strip of beach is now risky for the public and that is unacceptable.
Dunk—We're talking about the grey sand brought onto the template and likely had topsoil on it we wouldn't
expect to see topsoil contaminants on the beach. The intertidal count is what we expect to see in sand washed
off the template.
Erisman—It's not naturally found on a beach;that is why the levels are alarming.
Turcott—Even though the sand below the substrate isn't natural,if it gets washed onto the beach before it can
dissipate,it is a threat through an open wound.The fact it was placed there is still an issue.
Carlson—He will try to schedule Mr.Berman to be available for the March 4th meeting;it could be by phone.
Engelbourg—He'd like all the samples that tested higher for TC be tested for fecal coliform
Borrebach—We can't do that;there's a holding time usually 24 to 48 hours for coliforms.A lot of the holding
times are based upon taking a sample out of the situation it had been into a new situation. The relative
accuracy,method,and precision have holding times.
Topham—Asked if they could take samples going down the grade of the template.
Borrebach—Most of the higher numbers we all collected within the top 1 foot of the template;the southerly
beach samples had the highest level because that's where the grey sand has been eroding off the template.We
were able to go 8 feet deep.The highest numbers for coliforms in grey sand were on the southern end toward
the bottom of the grey-sand layer.The first three samples—Ledge 1,2,&3—were collected about midpoint of
the template at the surface and were 1 to 2 orders of magnitude lower. The deeper grey did have higher levels
of TC.
Dunk—He just looked at Mr. Berman's report; read the last two paragraphs regarding TC. In some respects,
we're on the same page as Mr. Berman regarding it dying off. Suggested we make an effort,per Nix. Berman's
comment,that we aerate,remix,and resample for TC testing.
Golding—He wonders if there is high fecal contamination at the lower levels.
Erisman—She asked where that aerated grey sand would be spread.
Dunk—It would be spread out south to north.
Erisman—At this point she is feeling more along removing the grey sand completely;pristine beaches are a
Nantucket resource.
Golding—He wants to discuss this with Mr.Berman and as he suggested with the Health Department This is
a 10,000-year-old bluff that has been putting out virgin materials; he doesn't know how it would have
measurable TC in it.
Topham—Asked if the grey sand were mixed with the tan sand,would that bring the TC levels down.
Borrebach—It would be lower but still detectable. It's naturally there.
Erisman—We need beach compatible sand;if the sand going in has higher TC levels than the beach,it's not
beach compatible.
Golding—He's curious what the TC values are from a virgin pit.There shouldn't be any topsoil in a virgin pit,
therefore no TC.
Topham—We have to find a clean pit,from which we require the sand.We need to include it as a standard.
Erisman — Suggested a moratorium on coastal erosion projects until we get a handle on this. We are going
around in circles at this point without Mr.Berman's input.
Carlson—He'll also try to get George Pucci and Roberto Santamana at the next meeting as welL
b.SE48-3115-DEP Superseding Order of Conditions.
Sitting Erisman,Golding,LaFleur,Topham,Engelbourg,Beale
Discussion(7:38) Carlson—The ConCom has decided to appeal the decision. SBPF has also appealed the decision. Both the
ConCom appeal paperwork and the SBPF appeal paperwork,which were sent to DEP, are available on the
Town website. DEP has sent out a schedule for those conferences.We are waiting for an update from Town
Counsel, George Pucci, on what he's planning for those appeals. The appeal in Superior Court on the local
bylaws is still going forward.
Erisman—Asked for the SBPF appeal paperwork to be forwarded to the commissioners.
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ConCom Minutes for February 19,2020,adopted Mar.4
4. Reports:
a. CRAC,Golding
5. Commissioners Comment
a.Topham—He won't be here for the March 4 meeting and will call in.
6. Administrator/Staff Reports
a. Given the discussion with OHI,we'll research if anyone else does that level of analysis.Apparently,there's a lot of talk
off Island about sand availability and compatibility; it's not just and Nantucket issue. If we are going to apply new
standards for sand campatibility,it has to be on all coastal erosion projects. It looks like the push is to potential off-
shore resources.
Adjourned at 7:48 p.m.by unanimous consent.
Submitted by:
Terry L.Norton
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