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HomeMy WebLinkAboutMay 6, 2021ConCom Minutes for MaN- 06, 2021, adopted Mav 27 Staff in attendance: teff Carlson, Natural Resources Director; Joanne Dodd, Natural Resources Coordinator; Tern - Norton, Town Minutes Taker Wending Members: Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale .Absent Members: None Late Arrivals: Phillips, 5:02 p.m. I?arlier Departure: None :Agenda adopted by unanimous consents o N \latter has not been heard C_ 1. PUBLIC MEETING A. Announcements: B. Public Comment: — Emily Molden, Executive Director Nantucket Land Council – Regarding the appeal of the Commission's 4�.nial under the bylaw of the SBPF expansion of the geotube project, she heard that ConCom signed on with SZPF motion agreeing to postponing the Superior Court site visit as well as the hearing. Nantucket Land COUIV6 in conjunction with Nantucket Coastal Conservancy and Greenhill family wrote a letter to the Superior Court judge expressing our concerns about the motion. The motion identified the ARCADIS feasibihn• study as the reas(Wlfor the postponement. We don't feel the outcome of the _ARCADIS report is relevant to the appeal and had hoped the conclusion of this appeal would inform the _1RCADIS stud)-. We are frustrated and disappointed about the continued delay. 11. PUBLIC HEARING A. Notice of Intent 1. 'Town of Nantucket (DP\X� – Town Wide (Various) SE48-3366 Sitting Erisman, Golding, Topham, Engelbourg, Phillips, Beale Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Gene Crouch, VHB Rob \McNeil, Director Department of Public Works (DPW) Public None Discussion (5:08) Crouch – We have been working with Massachusetts Natural Heritage to go through their review of our request; a lot of Town falls within Massachusetts Natural Heritage habitat, and we are -,working to come up with an effective protocol. We have a spreadsheet of activities; some arc allowed, and some -,vill require oversight. Massachusetts Natural Heritage issued a no -take letter yesterda}� morning. This morning, he provided the memo of activities and the spreadsheet as accepted by Massachusetts Natural Heritage. Erisman – She hasn't seen the Massachusetts Natural Heritage letter; she hasn't had time to review it. _y ked if commissioners want to wait to vote on this until they've had time to read the letter. Golding – He wants a chance to read the letter. Crouch – He provided the letter and the backup information; the commission should review both. Asked for a 3 -week continuance. Staff Next meeting is May 27,11. Motion Continued to 'May 27th. Roll -call Vote N/A LaFleur recused 2. *Town of Nantucket DPW– Surfside Beach (87-60 & 131) SE48-3420 (Cont. 5/27/21) 3. Nantucket Islands Land Bank –All Land Bank Properties (Various) SE48-3337 (Cont. 5/27/21) Page 1 of 8 ConCom -Minutes for'\lav- 06 2021, adopted 2- .1. ' Nantucket Islands band Bank - Madequecham Valley Road (89-35 SE48-3413 Sitting I?risman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Site and topog aphical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Frigineering & Survey Public None Discussion (5:to) Gasbarro - We vwere wailing on Massachusetts Natural Heritage revie%v: received a letter of no t�-__e removable aluminum stairs. Staff I lave everything needed to close. \lotion Motion to Close. (made by: LaFleur) (seconded) Roll call Vote Carried unanimously//Beale, Engelbourg, Erisman, Golding, LaFleur, Phillips, and Topham -a. -c 5. 'Sweet NIcadow SN -IN -12 Lane, LLC - 74 West Chester Street (41-4-8) SE48-33-9 Sitting; Frisman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Site and topographical plans, photos, requisite departmental reports and corresponder.ce. Representative Paul Santos, Nantucket Sulvcvors Public None Discussion (, :A7) Santos -'Phis is for work on a developed residential site within the 25' & buffers to wetland- on the C- ­. south, and westerly sides. Reviewed the proposed work: dnvewa�- material change, mcrea-e buffer zone-, reconfigure a patio, remove a berm, relocate a propane tank, and patio associated with secondar-, d -,v e",hn?- Engelbourg - Rose of Sharon v6thvi the 50' buffer should be replaced -,vuh a nazi% -e plant 'I he 5 cedar- being mature trees have a higher level of ecological sere -ices. A';lute hrrch 1s not naM-e to NantuCkeT. TIhe changes to the drivewaN-, patios, and propane tank are okay. Erisman - She also has concerns about the removal of the cedars. she recalls this site hard enforcer er. Issues. Santos - 'There -,vas an Order of Conditions, which -, ain't followed when the propery was dei e oiled. I e doesn't recall there being an Enforcement Order. Prior restoration work had to do wlTh changing a manicured lawn to bluestem grass. Phillips - Mature trees are valuable to the eco system, especiall. next to the �veland.; if the., are bel -a removed for aesthetic reasons, she would support a vVAV to keep some of them. Santos - here are a number of cedars that will remain; the 5 to be removed are west of the drive% a-, . Engelbourg - He'd prefer a native species to replace the cedars being removed such as eastern red cedar. If it were outside the 25' buffer, he'd be okay; he doesn't think removal of mature trees is iusnfied. Santos - Asked for a 3 -week continuance Staff None Motion Continued to May 2711'. Roll call Vote N/A 6. ' PI)WI, Poles, LI.0 - 44,46,48&55 Warren's Landing (38-23,46,47&30 SE48-3418 Sitting I :risman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surve�-ors Public None I )iscussion (5:33) Santos - 'Phis is to eliminate utihn- poles in favor of burring utilities. We were %%-aiming for re-pon-e from Natural Heritage and Endangered Species Protection (NHESP;; we have that. A large portion of this proiect goes past Nantucket Islands Land Bank, who can't grant an easement, onl,, a hcen-e; National Grid accept a license. Erisman - Asked if the plans change, would theN- come in for an amendment. Staff They would have to apply for an amended Order of Conditions or minor modificat on. I lave even -thing needed to close. \lotion Motion to Close. (made by: Beale) (seconded) Roll call Vote Carried tin animously//Beale, Engelbourg, Ensman, Golding, LaFleur, Phillips, and Topham -a_. e 7. ^ \]1,R3, LLC- 45 Shawkemo Road right of way (27-18) SE48-3411 Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Site and topographical plans, photos, requisite departmental reports and corresponder-ce. Representative Brian \Madden, LEC Environmental Don Bracken, Bracken Engineering Arthur Reade, Reade, Gullicksen, HanleC-, & Gifford LLP Public R.J. Turcotte, Nantucket Land Council, Inc. Discussion (5:37) Madden - Reviewed supplemental information and alternatives as requested at the prior hearing. The 25 buffer was previously altered and so isn't intact. All expansion is on the south side of the drive,,va:,- -Xnh s t barriers along the north side. A 10'-«ide way complies with State minimum requ rements for emergent. access. The property owner at 8 Wingspread has responded that they are not interested in relocating the driveway outside of the 25 -foot buffer. Engelbourg - He requested an official ruling from Town Counsel for the apphcabilir: of The reque=te:i waiver; as he reads the waiver requirements, the right of waN- should not be in the control of the proper - owner. He understands it was issued in 2019, but there is a possibihn- it was issued in error. Page 2 of 8 ConCom Minutes for May 06, 2021, adopted May 27 Reade —res per the materials submitted, this way has been in existence since the 1800s and shows up in 1930, land court records and has been used by the general public. As a matter of property rights, the owner has the right to make improvements to ensure more suitable access. At the last meeting, there -,vas interest shown in the history: Planning Board involvement in the roadway and lot. The lot was created in 1969. Erisman — .-Appreciates the historic photos, but they highlight Nantucket's need to come to terms with current development. Just to build the house, there will be a tremendous amount of truck traffic using that roadway. The historic roads don't work with current development practices and the Island needs to consider moving them. Engelbourg — Just because something has existed historically and been used, possibly illegally, that isn't the same as being a public way. He's asking for a technical opinion on the status of the way. Topham — This road has been neglected and work needs to be done to make the lot accessible. If this road had been properly maintained, there would be no discussion. Madden — We shortened the length of the improvements within the 25' buffer by shifting the entrance outside the 25' buffer. Engelbourg — His points have nothing to do with development but with the technical understanding of when our waivers can be applied. He doesn't want to overextend the waiver into an area where it is not applicable. He feels the burden of proof has not been met for the no adverse impact/no reasonable alternative waiver. Beale — At the last meeting, he drove to the site in his full-sized Jeep Cherokee and got in and out without anti, scratches. risked Mr. Reade's opinion if the Planning Board would deny_ the permit for a single-familc dwelling based upon the road. Reade — They could, based upon the fact if the extension of the roadway is a driveway. IN the provisions (if the bylaw relating to access, there is a minimum of 10 feet. Currently, there is not a constructive access of I(-)' into the lot as required by the bylaw. The Building Commissioner and Zoning Enforcement Officer could in the first instance listed in the bylaw. Tureotte — The Commission should look at the correspondence from the Fire Chief, he asked a specific question and received a specific answer. The right of way is not the driveway. The Commission was correct in granting the waiver in 2019; this time is different because the work is up against the buffer and under the control of the owner. Erisman — She too would like Town Counsel to look at this, but it might not be realistic. Reade — He wants to give Mr. Carlson a chance to do his research; what comes out of that might require us to submit additional information. Asked for a 3 -week continuance. Staff He can look into getting Town Counsel to rule on the public/private status of the right of way. First he'll reach out to Planning Director Andrew Vorce. There are 2 resource areas in play - policy coastal bank and wetland - with different buffers. Have everything needed to close. \lotion Continued to May 27t". RollcallVote N/A 8. *04TST36WASINGPOND, LLC — 36 Washing Pond Road (31-13.2) SE48-3425 Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public None Discussion (6:04) Gasbarro — This is for landscaping within the buffer to the top of coastal bank. He provided revised plans converting a portion of the raised walkway to a walking path. We were waiting for -Massachusetts Natural Heritage sign off and have received that. Engelbourg — The only thing he requests to see is, within the 50' buffer where the boardwalk is still proposed, there are 2 sections that come up to each other; asked those be made a single section minimizing the footprint. Gasbarro — He'd have to go back to the client for that. They have kept all other structures outside of the buffer zones. He doesn't feel a small jog like that will have an impact on the protected area. Beale —.appreciates the change to the walking path though he would prefer if it were all a walking path. Erisman —The section of path from the 50' buffer to the stairs-, asked if that would a mown grass path. Gasbarro — It would be a maintained path to create a stable walking surface for people using crutches or walkers. That's why it was labeled as lawn. Erisman — Because this is for seasonal access, asked if they would be amenable to a more stable surface that can be removed at the end of the season. Established lawn requires irrigation and fertilization. Gasbarro — We included a seasonal type walkway, such as mobi mats, in our discussion of alternatives, he feels there would be more impact from the seasonal removal and installation than from running a 4' wide mower up and back once a week. Erisman — You can't establish lawn in the 25 without irrigation. There would be ways to mark the side of the path so mobi mats stay- within the approved area. Engelbourg — .asked about using stone dust or grass pavers to add structural support. Page 3 of 8 ConCom Minutes for May 06, 2021, adopted May 2- Gasbarro — Grass pavers would be more invasive Nyitlmr the 25' buffer than a Nvall;ing path. would require some edging to keep it in the path. Golding — Ile likes the compromise Mr. Gasbarro came up v6thin the area of the protected interests. Engelbourg — He'd support conditioning this. Phillips — She agrees with \Ir. Golding. She wonders if monitoring and see how it works after a year. Erisman — She believes this can be conditioned. We could condition this that no fern z�r there is a vva, to condition tlii- reauirL.�: Staft 1 lave even'thing needed to close. \lotion Motion to Close. (made by: Golding) (seconded) Roll call Vote Carried unanimously//Beale, Engelbourg, Erisman, Golding, LaFleur, Phillips. and 'I opham a., e 9. 'Nantucket Islands Bank — Smooth Hummocks South End of Westervvvck Wav /82-3o, SF48-3426 Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public None I)iscussion ((,:23) Gasbarro —This is a seasonal set of stairs to get down onto the beach NVIThout trayersmg the coastal haven't heard from \Iassachusetts Natural Heritage. _asked for a 3-Nveek continuance. Staff None \lotion Continued to Alay 271t' Roll call Vote N/_1 W. ' Carver, fir. & llelaney — 4 Old Quidnet \lilk Route (20-53) SE48-3423 Sitting I'risman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative \lark Rits, Site Design Engineering Public None I )iscussion (6:27) Rits —This is for a shared driveway. Received no -take determination from Massachusetts Natural I tentage. Staff 1 lave everything needed to close. \lotion Motion to Close. (made by: Topham) (seconded) Roll call Vote Carried unanimously//Beale, Engelbourg, Erisman, Golding. Lal -lour, Plulhps, and Tripham-a:. e 11. 14 :Ahab Road, LLC — 41 Wauw-inet Road (20-7) SE48-3424 Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale I )ocumentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering Public None I )Is( ussion (6:27) Rits — For redevelopment of a residential propern- and a shared drip ewa�,-. Existing drivewa-, %%-ill abandoned and be used for the solar array. We were waiting for Massachusetts Natural Iieritage. This and the Quidnet ;Milk lot are held in common ownership. Staff I lave evervthing needed to close. Motion Motion to Close. (made by: Beale) (seconded) Roll call Vote Carried unanimously//Beale, Engelbourg, Erisman, Golding, LaFleur, Phillips, and Topham -a-. c- 12. 12. ' Randolph G. Sharp, Jr. Trust — 42\ _�\leado-,vview Drive (56-113.1 portion) SE48-3414(Cont. 5/27/21) 13. ' I saiah TrUN-man -- 117 Orange Street (55-377) SE48-342 ' Sitting Frisman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Ryan Maxwell, Bracken Engineering Public None Discussion (6.30) Maxwell —This is for construction of a deck within land subject to coastal storm flowage and within I feet of a wetland. The deck w7ll replace the existing stoop. Staff I Iave even'thing needed to close. \lotion Motion to Close. (made by: Topham) (seconded) Roll call Vote Carried unanimously/ /Beale, Engelbourg, Erisman, Golding, LaFleur, Phillips. and Topham -a., e Page 4of8 ConCom Minutes for \hat 06 2021 adopted Ma%- 2- I11. PUBLIC MEETING C. Minor Modification 1. l ,uxur�� Brands, Inc — 100 Low Beach Road (75-27) SE48-302 7 Silting 1?risman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. IZcpresentative Brian Madden, LEC Environmental Public None Discussion (6:32) Madden — Reviewed the revised plant list eliminating non-native species. The privet along Low Beach Road is outside the 100' buffer. He checked the Massachusetts invasive species list, which stated flowenng dogwood as native to Nantucket. Erisman — Appreciates the change to native species. Engelbourg — Appreciates the change to the plant list. He's not thrilled about including flowering dogwood; given that they are all outside the 50' buffer, he'd hesitantly- approve it. (Retracted his statement about the dogwood.) Staff I Iave everything needed to issue a minor modification \lotion Motion to Issue the Minor Modification. (made by: Golding) (seconded) RollcallVote Carried unanimously//Beale, Engelbourg, Erisman, Golding, LaFleur, Phillips, and Topham -ave 2. .Amy M. Ambrecht — 13 Gingy Lane (41-850) SE48-3273 Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering Public None Discussion (636) Rits — This is to reconfigure the pool and add a spa within the 50' buffer to a wetland. The pool is separated from the off-site wetland by a wall and house and buffer. Staff Ilave everything needed to issue \lotion Motion to Issue the Minor Modification. (made by: LaFleur) (seconded) RollcallVote Carried unanimously//Beale, Engelbourg, Erisman, Golding, LaFleur, Phillips, and Topham -ave 3. Locke — 3413 Grove Lane (41-433) SE48-2416 Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors Public None Discussion (6:38) Santos — This is to change a building groundcover from 334sf to 288sf. No grade change is proposed. Staff I lave everything need to issue \lotion Motion to Issue the Minor Modification. (made by: Beale) (seconded) Roll -call Vote Carried unanimously//Beale, Engelbourg, Erisman, Golding, LaFleur, Phillips, and Topham -aye D. Certificates of Compliance 1. Sweet Meadow Sylvia Lane, LLC —74 West Chester Street (41-478) SE48-3017 Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Representative Paul Santos, Nantucket Surveyors Staff He has reviewed the work and agrees with the assessment the site is in compliance. Recommend issue with on-going Conditions 20, 21, 22, and 23. Discussion (6:40) Santos — This is to close out the Order of Conditions for a prior NOl. Wilkinson design was charged with invasive removal covered by a bond. Work is in substantial compliance. Annual monitoring reports are attached to the packet. Read a letter from NVilkinson dated January 2021 regarding the completion of the restoration. Motion Motion to Issue with on-going Conditions 20, 21, 22, and 23. (made by: Topham) (seconded) Roll -call Vote Carried unanimously//Beale, Engelbourg, Erisman, Golding, LaFleur, Phillips, and Topham -ave 2. 85 North Sankaty, LLC — 85 Sankaty Road (49-91) SE48-3226 Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Representative None Staff For residential development; work is completed in compliance. Recommend issuing with on-going Conditions 19,20,&21. Discussion (6:45) None \lotion Motion to Issue with on-going Conditions 19, 20, & 21. (made by: Topham) (seconded) Roll -call Vote Carried unanimously//Beale, Engelbourg, Erisman, Golding, LaFleur, Phillips, and 'Popham -aye 3. Town of Nantucket — Sesachacha Road (21-20) SE48-2967 4. Alan A. Shuch, Trustee — 45 Quidnet Road (21-21) SE48-2968 Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Representative Seth Wilkinson, Wilkinson Ecological Staff We can take these together. Recommend issue with on-going Condition 19 in the event more plant material is removed. Discussion (6:46) Wilkinson — This was for invasive species mitigation. We've reach functional eradication and native species arc establishing well. ConCom -Minutes for _May 06, 2021, adopted \Ian 2 - \lotion Motion to Issue SE48-2967 &SE48-2968 ,%A-ith on-going Condition 19. made b :::n e]h��u_ scone Roll call Vote Carried unanimously -//Beale, Engelbourg, Frisman, Golding_ LaFleur, Phillips. and 'I upham-a. e E. Orders of Condition 1. Nantucket Islands land Bank — Aladequecham Valles- Road (89-3.5) SF48-3413 Sitting Frisman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Draft Order of Conditions Staff Not a lot of conditions for seasonal beach stairs. Discussion (6:S()) None \lotion Motion to Issue as drafted. (made by: Golding) (seconded) Roll call Vote Carried unanimously//Beale, Engelbourg, Erisman, Golding, LaFleur. Plvlhps, and 'I opham-a:. c 2. I'MV], Poles, LLC — 44,46,48&55 \N'arren's Landing (38-23,46,4-&30) SE48-3418 Sitting ]",risman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Draft Order of Conditions Staff This is to relocated utilities underground; if plans are changes_ they have to come in. Discussion ((,:51) Nonc \Iotion Motion to Issue as drafted. (made b�-: Beale) (seconded) Roll call Vote Carried unanimously//Beale, Engelbourg, Erisman, Golding, LaFleur, Phillips, and Topham a_, c- 3. 3. 04TST36\V.ASINGP0ND, LLC — 36 Washing Pond Road (31-13.2) SE48-3425 Sitting 1?risman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Draft Order of Conditions Stats I le will add a Condition 19 prohibiting fertilizer, pesticide, and irrigated, Condition 1(� requiring the pa` - be marked, and Condition 21 requiring the grass to be native. Discussion ((,:52) Erisman — No fertilizers and no pesticides and no permanent irrigation. The path should he staked beforehand. Engelbourg — Feels the grass seed should be required to be a native species. \lotion Motion to Issue as amended. (made by: Golding) (seconded) Roll call Vote Carried unanimously//Beale, Engelbourg, Erisman, Golding, LaFleur, Phillips, and Topham -a-,(: 4. Carver, )r. & Delane}- — 4 Old Quidnet \hlk- Route (20-53) SE48-3423 Sitting 1?risman, Golding, Lafleur, Topham, Engelbourg, Phillips, Beale Documentation Draft Order of Conditions Staff Vets- simple and straightfonvard. Discussion (6:56) None \lotion Motion to Approve as drafted. (made by: Beale) (seconded) Roll call Vote Carried unanimously//Beale, Engelbourg, Erisman, Golding, LaFleur, Phillips, and Topham -a', e 5. -4 .Alab Road, LLC — 41 Wauwinet Road (20-7) SE48-3424 Sitting Frisman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Draft Order of Conditions Staff Recognizes a 3r1 structure not in our jurisdiction. Conditioned the pool not to be drained or discharged i� o our area of jurisdiction. Discussion (6:57) None \lotion Motion to Approve as drafted. (made by:Topham) (seconded Roll call Vote Carried unanimously//Beale, Engelbourg, Erisman, Golding, LaFleur, Phillips, and Topham -a_, e 6. I saiali Truvman — I F Orange Street (55-377) SE48-3427 Sitting Frisman, Golding, LaFleur, "Fopham, Engelbourg, Phillips, Beale Documentation Draft Order of Conditions Staff No special conditions. I )is( ussion (6:58) None \]()tion Motion to Approve as drafted. (made by: Topham) (seconded Roll call Vote Carried unanimously//Beale, Engelbourg, Erisman, Golding, LaFleur, Phillips, and 'I opham-a. e F. Other Business 1. :Approval of Minutes 4/22/2021: \lotion Motion to Approve as drafted. (made by: Golding) (seconded) Roll call Vote Carried unanimousl_-//Beale, Engelbourg, Erisman, Golding, LaFleur, Phillips, and Topham -a; e 2. Reports: A. None Page 6of8 ConCom Minutes for May 06 2021 adopted May 27 3. Penant Realty, LLC — 4&5 Costaka Course Way (14-12,14 & 14.1) SE48-3177 Sitting F,risman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Photos Speakers Seth Wilkinson, Wilkinson Ecological .art Gasbarro, Nantucket Engineering & Survey Discussion (7:01) Erisman — She took photos in 2018 and again this past weekend. Carlson — ills. Erisman contacted him about work regarding installation of a fiber -roll array. Wilkinson — This was permitted a couple of years ago; we started implementation in November 2020. AVc expect to wrap up work later this month with a little bit of sand nourishment in the first week of June. _-\ lot of groundwater moves through this land form. We're excavating into the bank to install the fiber rolls. The water creates muddy working conditions. The erosion control blanketing is under-,va�. Erisman — She was opposed to the project because of the diversitt- of sediment, the clay laver, and the amount of water. With excavating into clay, it seems more water is trapped back there Wath the evidence of algae, and she's concerned about the long-term impact of altering the clay, layer. Wilkinson — He'd be surprised if there weren't elevated nutrients in the water; that would instigate algae growth. Regarding altering the clay, layer, there is some excavation but it's all being placed back where it was back onto the array, the contour of the bank is pretty similar to what it was before work started. Even -thing flows down to the estuary so there shouldn't be any ponding. Gasbarro — Regarding how the groundwater will move upon completion, he's noticed from the adjacent project that where it was wet on the beach before, it will continue be wet. As the overall system reachc< equilibrium, that water will move naturally through the fiber rolls. Erisman — In one photo it looks like a bucket was left in the bank in an area of extreme water flow; it looks like that area wants to slump. _asked how they plan to handle that. Wilkinson — One thing we observed is it's not unusually to see significant sloughing of the soil. AVe are shooting to have a more stabilized toe to minimize the sloughing. To preserve a natural draining pattern, we leave an area open with a temporary tight form to allow continued runoff; once the rolls are in place, we pull those forms out. Engelbourg — His main concern is the bright green algae growth in the wet areas.. toxic algae bloom on a beach is a concern; asked if they are monitoring temporary ponding. Wilkinson — From a protocol standpoint, we impound water as much as possible while we more down the row; once the rolls are fastened in place and covered, the water is removed. He's not sure about monitoring the algae; as we get into higher tides, he thinks the algae will disappear. Erisman — She'd like the algae to be monitored. _appreciates their answers to her questions. Motion No action at this time. Roll -call Vote N/A 4. Enforcement updates: Town of Nantucket— 79 Baxter Road SE48-1659 Sitting Erisman, Golding, LaFleur, Topham, Engelbourg, Phillips, Beale Documentation Findings andAdditional Conditions Representatives Dwight Dunk, Epsilon .associates Inc. Glenn Wood, Rubin & Rudman, LLP Public Rick Atherton Burton Balkind Discussion (7:19) Carlson — Last time we talked about the enforcement, issues with lack of notification on work to be done. potential work below the highwater line, and pedestrian access across the beach. He issued out an Enforcement Order to SBPF, Town of Nantucket, and the owner of 79 Baxter Road. He put together a sheet of findings and conditions and included it in the draft packet. Reviewed the Findings and Additional Conditions. Golding — From his point of view, the peninsular effect of the coir armoring project extends beyond the high --tide line. He wants a condition where we have an independent 3,d party to monitor this throughout the year. Topham — .-after hearing about climbing over the structure and how much they've been exposed, he noted they aren't breaking apart and leaching; asked if they are actually coir rolls. Erisman — They have been rebuilt in the same location; she recalls that from major storms 3 years ago. Golding — When he's had to climb over them, they are as hard as the geo-tubes. He wants it to be shown specifically whether or not they extend beyond the high -tide line as documented by a 3111 party. Carlson — The coir tubes have been most recently rebuilt about a year ago. In 2013, the structure had a significant failure. Erisman — asked about the feasibility of monitoring the ability to pass this location. Carlson — We could put together a schedule to take photos selecting dates from the tide chart the 4 highest tides. We don't have to bring in a 316 party. We will have to go out to monitor endangered species several times a week in the summer and can monitor this site at the same time. Dunk — One question raised is the mean high water; that's determined from the mean ride cycle. "There is also a difference between mean high water and wave runup, which is determined by wave conditions and tide. He feels they will find the rolls are not seaward of mean high water. Page 7 of 8 ConCom Minutes for 06, 20221, adopted Man- ?- Golding — 1 Ie takes Mr. Dunks point; that's NvhY he -,vants the monitonnp to extend Lc and IIIc Carlson -- We'll to to review this monthh-. Atherton — It's difficult for the public to respond to What appears to be an arrangement bc-7;-Cei: t :e u:,.ner- the owner's consultants, and staff because they did not see anything until tonight. I_ncu�r��Cd ts.c Commission to let the public have access to information in advance of the meeting. I le approval had a certain number of layers of coir bags; asked that be confirmed. Concerns about TM: _n�ta_atio of soft arrat's started vmh the dumping of contaminated sand: he hasn't heard anything zlvrat t .z* tui Asked if there is any admission that actually occurred. His general impression is that the app�canl II �cen .n touch xvith "Town staff, he'd appreciate kno«ing what occurred pnor To the presenta7!r)n of documentation. Carlson — AX'e looked at the permitted conditions and if the project is in compliance; '-taff de�ern .Cd ilia i Was. I le wrote out the findings and conditions today-; the onh- people who saw it prior to the meeting r ti:e Commission. We don't historically put out draft orders to the public. He had discussions With c, er. rine alr, how to address the issue of enforcement and decided this u -as the best W-aV to go about it. Dunk — We have had no negotiations or back -door discussions -evlth the Commission or C I:,ad one meeting with Mr. Carlson, Town Counsel, and the land-oW-ner's aitorne�- about the Enforcement Order. Carlson — Burton Balkind wrote on YouTube, "The eve test as Ian noted.., ou see the equipment beiu-.%- Int rack line and tractor tracks in the surf zone; the mean high tide has less meaning. That said I Thin 11 lar. point- about monitoring is all the more important." Golding — I le would like i\ir. Carlson to add the monitoring condition we discussed. Carlson — Ile Would prefer to do it informally. We'll attach the original Enforcement Order and send i around to all parties concerned; noted the named applicant is SBPF, and the w ners are HClmut \:; e-, mar grid Town of Nantucket. A copy will also be sent to -Massachusetts Department for I-nvironmcntal Prutecdu n (DEP) for their records. ]lotion Motion to Issue. (made by: Golding) (seconded) Roll call Vote Carried unanimously//Beale, Engelbourg, Erisman, Golding, LaFleur, Phillips. and Topham -a., c 5. Commissioners Comment a. Erisman — .About our coastal projects, while walking in Pocomo, it's become abundanTly c1Car that ,%-hat she's seen happen is these are coastal engineering structures (CES). Even soft arrays are a permanent change to the natural system. She hopes to discuss that during our regulations update. _Also, we need to beef up standards for %vedand scenic view; the aesthetic value of these resource areas is ecological diversity: we're losing that With these coastal arra s. Engelbourg — I le'd like more context for the histon of why soft arrays are not considered a t:E. Carlson — I le'll put that together; a lot came from DEP guidance. Golding — It was CZ. l or DEP who ruled theN, aren't CES. Topham — Ernie Stcinauer was tn-ing to hammer those things Out. _pow that diel- are being :naintainc-d, some of the descriptions or definitions have changed regarding the use of soft arrays. (�. Administi-ator/Staff Reports a. 'There is an extensive article in the paper on the Town looking at the committee appointrr_em process: %ve % ill be looking for someone to replace Mr. Topham. _asked that if anyone knows someone, encourage therm tr, app].,; if the have any questions, have them talk to him; he'll answer any questions. Topham -- That is one reason Why he gave earlv- notice; now the decision is only 2 �, eeks aW a-, G. Adjournment \lotion Motion to Adjourn at 7:56 p.m. (made by: Topham) (seconded Roll call Vote Carried unanimously//Beale, Engelbourg, Ensman, Golding, LaFleur, Phillips, and 'Tupham-a Submitted by: Tern, L. Norton Page 8 of 8