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HomeMy WebLinkAbout2015-10-28Minutes for October 28 2015 adopted Nov. 18 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov Wednesday, October 28, 2015 4:00 P.M. 4 Fairgrounds Road, Training Room Commissioners: Ernie Steinauer (Chair), Andrew Bennett (Vice Chair), Ashley Erisman, David LaFleur, Ben Champoux, Ian Golding, Joe Topham Called to order at 4:04 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator Attending Members: Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Absent Members: None Late Arrivals: None Earlier Departure: None Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Public Comment 1. D. Ann Atherton on behalf Nantucket Coastal Conservancy — On September 30, this board voted to issue a positive order of conditions to 'Sconset Beach Preservation Fund geo -tube 4th tier project. The last quote from that meeting was that the key is vigilance and monitoring; in that regard she has two issues. 'Sconset Beach Preservation Fund has issued a construction notice this week according to which, work started October 27 and will continue for 4 -6 weeks for 6 days a week sun up to sun down and some nights under the lights. A concern is the notice states there will be restricted zones with police presence; this leads to a concern about public access to a project taking place on a public beach and photographic documentation of that project. We would hope the ConCom will see to it that photographers are given full access to the project. Staff — at a pre const meeting they talked about the area: a 100 -foot buffer around where equipment is operating. They aren't trying to restrict from seeing and taking photos but that people aren't interacting with machinery that is operating. Steps have been taken to allow frill access upon request. He will have them clarify that. Atherton — Second is public access; the public access staircase south of the work area has been padlocked and gated at the top and roped off at the bottom; feels it would be an evidence of good faith for that staircase be open for the public. Third, one condition was for an independent review; wondered if the independent reviewer is in place. Staff— Working on it. Need multiple experts to cover all the elements of concern and are truly impartial to the project. 2. Emily MacKinnon, Nantucket Land Council — It was brought to her attention that'Sconset Beach Preservation Fund construction activity has begun on the beach. Wanted to bring to the board attention a couple of conditions. One required that prior to installation 'Sconset Beach Preservation Fund would ascertain the depth of the beach to determine mean high water; the trench on the beach is south of the existing geo - tubes; wasn't aware there was to be excavation anywhere other than immediately in front of the geo - tubes. Second the stock piling of sand and material is on the mean high water line and some is seaward of that line. Asked the commission to direct staff to go out there in the morning to ascertain whether or not they are in violation of the order of conditions. 3. Rachel Freeman, Nantucket Islands Land Bank, for Nantucket Pond Coalition — Long Pond (59 -59.3) SE48 -2771 — Update on the phragmites treatment program for Long Pond. The spraying was done using about 1 quart of Aqua -pro herbicide in an area of about 23 acres; the Environmental Protection Act (EPA) limit is 700 parts per billion. The blue dye indicated no drift. Noticed no glyphosates in the pre- or post - treatment water tests. Golding — Stated he is increasingly concerned about the use of surfactin and studies on its toxicity. Discussion about the danger of herbicides and which ones are most dangerous and lack of monitoring and protocol. Champoux — Explained that glyphosate is the active ingredients; surfactin is an additive to make it work better by binding the glyphosate to the plant; noted that it's the surfactin that's toxic. Freeman — No glyphosates were found in the water. Noted that no one does soil testing for glyphosates, just water testing; glyphosate drops quickly to the bottom and binds to the soil. Invertebrate sampling was done and no affect was noted, though there was an overall drop of 12 both in the treatment and in the control areas. Discussion about whether or not the glyphosate could be at fault for the drop or if it was a seasonal drop in invertebrates. Erisman — Suggested that the test might not be the correct one considering the low level of glyphosate being used. Also asked if there have been any studies of leaving the treated phragmites stems in place. Freeman — Will check on the test but believes it is the correct test. As for the leaving the phragmites, that is apparently protocol for large -area projects. Page 1 of 4 Minutes for October 28 2015 adopted Nov. 18 II. PUBLIC HEARING A. Notice of Intent 1. Diamond Jr —10 Jefferson Avenue (30 -55 & 56) SE48 -2829 Cont (11/18/2015) 2. Town of Nantucket — 39 Nonantum Avenue (Fisherman's Beach) (87 -46) SE48 - Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Rob Andersen — for placement of a small donated bench at Fisherman's Beach. Explained how the bench would be secured without excavation. Asked for a continuance. Public Mullen — Most vegetation is quite low; east of it is quite high. The view, as is, is south and southwest. Discussion (4:48) Steinauer — Suggested that rather than fish shape, use a straight bench close to the parking with a 3 to 4 foot walking area in front of it; that would move it back further. Golding — Likes it the way it is. Bennett — Likes the material to be used. Topham — Not sure about the deck. (For H/C accessibility.) Champoux — Likes it as is. Staff Had asked for more information on the location. It was staked out and this is sandwiched between the parking lot and the 25 -foot buffer. Vegetation that's there is poison ivy, rosa rugosa, bayberries, and huckleberry. Motion Continued to 11/18/2015 without objection. Vote N/A 3. *Todd —11 Wauwinet Road (20 -43) SE48 -2831 Cont (11/18/2015) 4. *Segall — 25 Starbuck Road (60 -121) SE48 - Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Recused None Documentation Site plans, topographical maps, photos, departmental reports, and correspondence. Representative Paul Santos, Nantucket Surveyors — For redevelopment of residential parcel. It is abutted by Nantucket Conservation land trust land; resource area is a vegetated wetland and small section of flood zone along the northerly boundary. All work occurs outside the 50 -foot and no work to be done within the 25 -foot no disturb buffer. Will be upgrading the septic outside the 100 -foot buffer. The site is serviced by Town Water. Laurentide's environmental report agrees with the resource area as delineated and recommends limiting exterior lighting on the western side of the structure. Will expand the tree line with lawn, meadow, and vegetation; they don't exceed the 50% in the 25 -50 zone. He will provide a plant species list. There is a lot of scrub pine in the back area. Asked for a continuance. Public None Discussion (4:58) Erisman — Asked if development is moving closer to the area of flooding and overwash. Santos — Explained that the elevation of the developed portion of the site is above the flood elevation. Champoux — Asked about the leach pit. Santos — That is outside the 100 -foot buffer. Staff None Motion Continued to 11/18/2015 without objection. Vote N/A 5. *276 Polpis Nominee Trust — 276 Polpis Road (25 -31) SE48 -2830 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — For work on residential property within the 100 - foot buffer of a bordering vegetated wetland. The wetlands are delineated showing the buffer zones. Detailed the work to be done. All work proposed outside the 25 -foot buffer and structures outside the 50- foot buffer. Dewatering will be temporary and pumped outside the 100 -foot buffer to a temporary catch basin. Explained that the lawn dates back to before 1971; he has photographic documentation, which he submitted at the table. He will submit a revised plan showing the driveway going to the front of the garage. The foot path is existing. Public None Discussion (5:06) Erisman — Asked what is happening with the driveway. She doesn't want to encourage cars traveling deeper into the property. Discussion about the driveway being reduced and outside the 25 -foot buffer. Golding — There should be no use of fertilizer within the 25 -foot buffer. Steinauer — Asked for a revised plan showing the driveway reduced and outside the 25 -foot buffer. Discussion about conditioning against irrigation. Staff Suggested it would be better to have the revised driveway plan before closing. Motion Continued to 11/18/2015 without objection. Vote N/A Page 2 of 4 Minutes for October 28, 2015, adopted Nov. 18 B. Amended Orders of Conditions 1. Nantucket Islands Land Bank — 80 Miacomet Avenue (66 -126) SE48 -2394 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Recused None Documentation Site and topographical plans, photos, requisite departmental l reports and correspondence. Representative Rachel Freeman, Nantucket Islands Land Bank — Continuing to remediate Japanese knotweed. Looking into the possibility of doing invertebrate monitoring. She did some research and learned that Rodeo is the isopropyl -amine salt form of glyphosate with no surfactin and that Rodeo has the greatest potential to impact algae. Noted that the amount of LP -50 that would kill 50% of the organisms is 225 -415 milligrams per liter; analyses say it is less than 6 micrograms per liter; the EPA limit is 700 milligrams per liter. As a result, she is proposing to use the Rodeo. Noted that the Land Bank expert on invertebrates is leaving the Island; she needs to find someone else to the study. She is not proposing any foliate spraying at the pond edge. Noted that this site has been so highly disturbed. Public None Discussion (5:17) Golding — Noted that the European standard is no more than .1 part per billion for any herbicide with a total of no more than 5 herbicides going up to .5 parts per billion; noted that is for drinking water. Steinauer — Stated the belief that a lot of US herbicides have the same standard; there are others that are much more dangerous. Golding — There is no mention of soil samples. Freeman — There is not; no one on Island does that and she would have to hire someone. Golding — Would like a condition for a soil sample. Staff Stated that if Ms Freeman can't find someone to do the soil sample, she would have to come back for an amendment to remove that condition. Motion Motion to Close & Issue. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously III. PUBLIC MEETING A. Request for Determination of Applicability 1. *Nantucket Investment Holdings LLC- 24 Pocomo Road (14 -73) Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Paul Santos, Nantucket Surveyors — This request is to define the resource areas on the site. No work is proposed at the present time. There is a vegetated wetland along the southerly border. The area exhibits characteristics that suggest a possible vernal pool; that area is flagged on the plans. Laurentide is in agreement with the flags; there is landscaping debris that has been deposited in the vicinity of the wetlands; he will inform the current owner about that. Public None Discussion (5:26) Steinauer — Asked if Mr. Santos would further investigate the existence of a vernal pool. Santos — Yes come Spring, though no work is proposed anywhere near that back area. Staff Recommends this be issued with a Positive 2A for the bordering vegetated wetland with a potential vernal pool to be further investigated. Motion Motion to Issue as recommended. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously B. Minor Modifications 1. Oakhill Investments LLC. 341A Madaket Road (60.2.4 -64.5) SE48 -2828 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative None Public None Discussion (5:32) None at this time. Staff The applicant has asked this be continued to the next meeting. Motion Continued to 11/18/2015 without objection. Vote N/A Page 3 of 4 Minutes for October 28 2015 adopted Nov. 18 C. Certificates of Compliance 1. St. Pierre — 58 Pocomo Road (15 -29) SE48 -1238 Cont (11/18/2015) 2. Nantucket Island Land Bank — 30A,30B Washington Street (42.3.2 -233) SE48 -2526 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff This was for the removal of the structure and returning it to lawn; this also included 28 Washington Street, which hasn't happened yet. So this is a request for a partial completion of compliance. Discussion (5:33) None Motion Motion to Issue the partial certificate of compliance. (made by: Champoux) (seconded by: Topham) Vote Carried unanimously 3. Nantucket Island Land Bank — 30B Washington Street (42.3.2 -23.3) SE48 -2432 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff This was for removal of the structure and is a complete certification Discussion (5:33) None Motion Motion to Issue. (made by: Champoux) (seconded by: Topham) Vote Carried unanimously 4. Nantucket Island Land Bank — 36 Wauwinet Road (20 -20) SE48 -2446 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff Work is satisfactorily completed; however, he recommends there be on -going conditions: specific requirements for invasive species work and an isolated wedand has an annual mow. Discussion (5:34) None Motion Motion to Issue as recommended. (made by: LaFleur) (seconded by: Bennett) Vote Carried unanimously D. Orders of Condition (5:36) 1. Town of Nantucket — 39 Nonantum (Fisherman's Beach) (87 -460 SE48 - 2. *Todd —11 Wauwinet Road (20 -43) SE48 -2831 3. *Segall — 25 Starbucks Road (60 -121) SE48 - 4. *276 Polpis Nominee Trust — 276 Polpis Road (25 -31) SE48 -2830 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff These were all continued but there was some discussion so he has an idea about the orders of conditions to draft up. 5. 48 SPR LLC — 48 Shimmo Pond Road (43 -79) SE48 -2789 Reissue Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff The original order of conditions has disappeared. This needs to be reissued so that it can be reported. This was the living shoreline project with impregnated coir logs. Discussion None Motion Motion to Re- issue. (made by: Golding) (seconded by: Bennett) Vote Carried unanimously E. Other Business (5:39) 1. Approval of Minutes: a. 09/10/2015 Motion to Approve. (made by: Bennett) (seconded by: Champoux) Carried 6- 0 / /Golding abstain b. 09/16/2015 Motion to Approve. (made by: Bennett) (seconded by: Champoux) Carried 6- 0 / /Golding abstain c. 09/23/2015 Motion to Approve. (made by: Bennett) (seconded by: Champoux) Carried 6- 0 / /Golding abstain d. 10/14/2015 Motion to Approve. (made by: Bennett) (seconded by: Champoux) Carried 6- 0 / /Golding abstain 2. Reports: a. CPC, Golding — Full report available 11 / 18 b. NP&EDC, Bennett — Nothing c. Mosquito Control Committee, Erisman — Nothing 3. Commissioners Comment a. Erisman — Asked what people should do about the seed scallops in Pocomo; there are tons close to shore and washing up. Staff — Suggested that if there are heavy concentrations of seeds in the water to take a picture and note the location and call the office. There is a program to move seed scallops to deeper water. 4. Administrator /Staff Reports a. Pond Openings: Hummock Pond is still open. Stated there has been concerns expressed that Hummock Pond would drain; that is not physically possible. Doing some post sampling for salinity and hoping this 2 -weeks of tidal cycling will set the pond up for better water quality for the Spring opening and those samples. b. There is a Special Town Meeting coming up which includes a warrant article for the hatchery to ensure there is full funding. Motion to Adjourn: 5:47 p.m. Submitted by: Terry L. Norton Page 4 of 4