HomeMy WebLinkAbout2016-5-4 Minutes for May 4,2016,adopted May 18
UTUC CONSERVATION COMMISSION
'fir
PUBLIC MEETING
2 Bathing Beach Road
•
Nantucket,Massachusetts 02554
www.nantucket-ma.gov
Wednesday,May 4,2016 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 4:00 p.m.
Staff in attendance: Jeff Carlson,Natural Resources Coordinator
Attending Members: Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Absent Members: Golding
Late Arrivals: None -
Earlier Departure:
Agenda adopted by unanimous consent
*Matter has not been heard
I. PUBLIC MEETING
A. Public Comment
Steinauer—Someone will be speaking about the infection of Black Oaks by cynipid gall wasps on Saturday May 7,
10 a.m.at Bartlett's Farm.
H. PUBLIC HEARING
A. Notice of Intent
1. Edwin Snider RT—1 Brock's Court(42.3.4-84) SE48-2834(Cont 05/18/2016)
2. Edwin Snider RT—1 Brock's Court(42.3.4-84) SE48-2835 (Cont 05/18/2016)
3. Zarella—125 Wauwinet Road(12-8) SE48-2856 (Cont 08/10/2016)
4. Zarella—129 Wauwinet Road(12-4) SE48-2857 (Cont 08/10/2016)
5. Pocomo Neighbours—47,53,55,57,61,63,&69 Pocomo Road(Multiple) SE48-2874(Cont 05/18/2016)
6. *The Trustees of Reservations—Costaka Coatue Wildlife Refuge and Great Point(7-1.7)SE48-
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Recused None
Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence
Representative Fred Pollnac,acting superintendent—Seeking to continue the 1995 management plan;no planned
alterations.
Public None
Discussion Erisman—Asked if the plan includes management of invasive species.
Pollnac—The plan was modified in 2000 to include invasive species but there is no current management
being enacted;they are doing a survey.Asked for a continuance.
Staff Waiting to hear from Massachusetts Natural Heritage(MNH).
Motion Continued to May 18 without objections.
Vote N/A
7. *The Town of Nantucket—Consue Springs off Union Street(55.1.4-15) SE48-2880
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Recused None
Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence.
Representative Kara Buzanoski,Director Department of Public Works—This NOI is for installation of pipes and
dredging for the new outfall to Consue Springs stormwater project.This will be coordinated with a
Nantucket Islands Land Bank proposal for removal of invasive species.
Steve D'ambrosio,GZA GeoEnviromental,Inc.—Reviewed resource areas.About 200 cubic yards of
sediment material will be removed from Goose Pond requiring it to be dredged to elevation minus-5.
Presented work to be done.
Public Emily Molden,Nantucket Land Council
Tom Kershaw,2 Duck Pond Lane
Discussion Champoux —Asked if the sewer pipe in the middle of the old railroad is part of this scope of work.
Buzanoski—No.
Steinauer—Asked what would be done with the spoils of the pond;those might be toxic and full of
phragmites propagules.
D'ambrosio—Multiple samples have been taken from the pond and tested;they meet criteria for disposal
at the land fill.
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Minutes for May 4,2016,adopted May 18
Buzanoski—That material will go into the digester;soil will be composted. Compost put out in
landscaping waste is made available for general use;the other goes to the top of the land fill.Explained the
steps that will be taken to ensure the phragmites don't end up in landscaping compost.
Steinauer—He is concerned about phragmites propagules going out to the public.
Erisman—Asked how much water that the ditch would normally handle will go into the pipe.Her concern
is losing some of the naturally-occurring filtering of the runoff as it goes through the ditch.
D'ambrosio—Doesn't have that figure currently available.The ditch is mostly due to the stormwater.
LaFleur—Noted that the jacking a culvert is substantially different than digging a trench.Jacking will
disturb a tremendous amount of area.Would like to see a detailed cross-section on the culvert pipe.
Steinauer—Asked if the railroad can handle heavy equipment.
D'ambrosio—The equipment to be used is conventional construction equipment.Will cap the existing
culverts,install a sump pump,the pump line will discharge into an area that can dissipate the energy of the
pump,then flow off into the saltmarsh.Turbid water will be trapped to allow sediment to settle out before
going into the saltmarsh.
Steinauer—Asked if the additional culvert will expand the pond or keep it small.
D'ambrosio—With normal flow,it might be a little lower than it is today.
Topham—There is an 8 inch pipe;asked what that is or if it's trash.
Molden—Overall this will be a long-term net benefit for the area.Asked if one of the pipes will be for
overflow or direct drain for stormwater. Suggested the board condition that soil containing phragmites 1 e
placed in compost that won't be made available.The file contained an old report showing modeling that
speaks well to commissioner concerns about the level of the pond with the current pipes;water comes ill
on the high tide but doesn't flush out with the low tide.Would like to see reports after the work to show
the pond levels changing with the tide.
D'ambrosio-The pipe Ms Molden asked about is a direct pipe.
Steinauer—There might be concern about the impact of this work on the ducks.Asked if any thought had
been given to them.
Buzanoski—Believes that with the arrival of construction equipment,the ducks will stay away.
Erisman—Asked when the work will be done.
D'ambrosio—The work will probably take place in the fall and winter.
Erisman—Asked what sort of the dredging material will be sorted out by the catch basin.
D'ambrosio—It is for sediment.
Kershaw—Asked if the work would start this fall and how long it will last.
D'ambrosio—It is possible it could happen this year and take two or three months;the Town would like
to move this project forward.
Kershaw—One concern is the storm surge coming through the open pipe and flooding the abutting
properties.
D'ambrosio—In a storm event water does overtop the railroad.They are willing to look into something:
that might mitigate the storm surge into the pond.
Erisman—Noted that this will help the water flow back out as the tide goes out;right now water gets
stuck.
Kershaw—Asked where the staging areas are.
Discussion about staging areas for equipment and the type of equipment that might be used.
D'ambrosio—The area is mapped as priority habitat.Asked for a 2-week continuance.
Staff Waiting for MNH comments.He will draft a positive order for the next hearing.
Motion Continued to May 18 without objections.
Vote N/A
8. *Meyer—41 Dukes Road(56-327)SE48-2881
Sitting Steinauer,Bennett,Erisman,LaFleur,Topham
Recused Champoux
Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence.
Representative Brian Madden,LEC Environmental—Proposed sewer connections,abandonment of existing system,
expansion of a deck,and installation of a drywell.Wetlands are north and west of the property.NE
portion has two sump pumps running into the wetlands;plan to install a drywell and connect the pumps.
Public None
Discussion None
Staff Have everything needed to close.
Motion Motion to Close. (made by: Champoux) (seconded by:Bennett)
Vote Carried 5-0
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Minutes for May 4,2016,adopted May 18
9. *60 Madaket Road Nominee Trust—60 Madaket Rd (41-200.1) SE48-2882
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Recused None
Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence.
Representative David M. Haines,Haines Hydrogeologic Consulting—Repair of a failed septic system.Leech feels
outside of 100 foot buffer to a wetland;a leech field just inside the 100-foot buffer to an isolated
vegetated wetland will be abandoned and site graded. Included minor repair work to the house in this
NOI.Installing a conventional Title V system with leech fields outside the buffer.
Public None
Discussion None
Staff Have everything needed to close.
Motion Motion to Close. (made by:Bennett) (seconded by:Champoux)
Vote Carried unanimously
10.*Middle Slip LLC—29B Old North Wharf(42.3.1-225.1) SE48-2883
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Recused None
Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence.
Representative Arthur D. Gasbarro,Nantucket Engineering&Survey—For work to remove cluster of piles in
Nantucket harbor between slips at the end of Old North Wharf;the piles would go back in at a later dat,..
Have a sign-off from Division of Marine Fisheries.Work would be from a barge;installing a silt fence
might cause greater disturbance than just removing the piles.
Public None
Discussion None
Staff Have everything needed to close.
Motion Motion to Close. (made by: Champoux) (seconded by:Topham)
Vote Carried unanimously
11.*Nantucket Islands Land Bank—17 Commercial Wharf&Unnumbered Lot New Whale Street(42.2.4-7&8) SE48-2885
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Recused None
Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence.
Representative Arthur D. Gasbarro,Nantucket Engineering&Survey—Redevelopment of existing solid built pier at
Petrel Landing;install steel sheeting bulkhead around toe of slope-stone revetment and back fill solid an.l
facilitate handicapped access to the pier.Reviewed the landscape plan.Looking to dredge a portion of t} e
area.Interests are purely recreational open to all users.Have done several eel-grass surveys;reduced the
dredge footprint as a result;siltation curtains will be set and anchored by divers around the area of work
Resource areas:land subject to coastal storm flowage,coastal bank(stone revetment),land under the
ocean,and land containing shellfish.Would agree to pre-and post-construction monitoring of the eel
grass.
Pam Newburg,PhD—She has done the eel grass surveys and hasn't find a lot of shellfish in this area
and the eel grass that is stable and well delineated.The dredging was cut back to avoid that habitat.There
are some quahogs but it is not a significant shellfish habitat.There is a stormwater runoff pipe that hasr't
helped the area.Explained how the field survey of the eel grass was done to delineate it properly.
Erick Savetsky,Executive Director Nantucket Islands Land Bank
Rachel Freeman,Environmental Coordinator Nantucket Islands Land Bank
Sarah Alger,Sarah F.Alger P.C.
Public Sarah A.Turano-Flores,attorney for David Muller,13 Commercial Wharf
Milton Rowland,Chair Commission on Disability
Emily Molden,Nantucket Land Council
Arthur Reade,Reade,Gullicksen,Hanley,&Gifford LLP,for Rich Corey,12 Commercial Wharf
Discussion Turano-Flores—Reviewed the scope of the project. Concerns include certain performance standards that
must be met and it is her opinion that those can't be met: flood control and erosion control functions and
protection for marine fisheries and habitats.Reviewed components and how each relates back to the
pertinent State and local performance standards.Requested the commission to continue this in order to
perform a comprehensive assessment of this project.Noted that the Land Bank is required by their special
legislation to keep land they require in predominantly natural and open state;this would be converted to a
commercial wharf,which she believes is beyond passive recreation.That raises concerns under both the
Land Bank act and Article 97 of the amendment to the Massachusetts Constitution requiring entities such
as the Land Bank not to convert the use of open environmental space to more intensive use without a 2/3
vote of both houses of the State legislation.
Steinauer—He has concerns about the planting plan;this board has been pushing for more native geno-
types rather than cultivars.
Erisman—The large trees will ruin the wetland scenic views in an area where you can see the harbor. She is
also concerned about the parking at the end the pier;the plan in the packet shows one parking spot.
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Minutes for May 4,2016,adopted May 18
Gasbarro—The plan in the packet is correct;the intent is to have an area of loading and unloading only.
There is a gate to prevent vehicles from the pier.Explained the philosophy behind the loading area.
Freeman—The loading area helps meet Americans with Disabilities Act(ADA) compliance.
Rowland—Noted that though the access is being provided,the surface of the pier is not ADA compliant.
Discussion about how to make the area more ADA compliant.
Gasbarro—Ultimately they will request a continuance.The intention is not to raise the pier above its
current elevation.The steel sheeting might be slightly higher than the stone revetment.Other comments are
addressed in the application.He can submit additional information.
Steinauer—Is this a new structure or a repair of an existing structure.
Gasbarro—There is an existing coastal engineering structure with a proposed immediate adjacent coastal
engineering structure;there is no currently unprotected shoreline.
Erisman—She shares the abutter's concern about changing the way stormwater is infiltrated.
Steinauer—The vertical surface adds to the reflection of wave energy;the stone absorbs that.
Gasbarro—The bulkhead would be similar in construction to what was approved recently for Easy Street.
Molden—Concerns included the eel grass and shellfish habitat and installation of the silt fence;that the
fence will be installed with divers should be conditioned.Would be interested to see more details on follow-
up monitoring and conditioning of any mitigation if necessary following that monitoring report.
Steinauer—Moorings would impact the eel grass.
Gasbarro—Moorings that will be impacted by the work are indicated on the plan.He has met with the
Harbor Master about a transition to move moorings as needed.He will include supplemental information
on the that.
Molden—Asked if there is still a moratorium on eco-moorings.
Gasbarro—Wouldn't use helical moorings.He will provide information on the types of mooring that
would be used to protect the eel grass.Replacing mooring would be handled by the applicant through the
Harbor Master.
Reade—This is currently a location where people come to enjoy the view of the harbor;in its place will be
a large dock with large vessels affecting the wetland scenic view. He will be back with his client's own expert
and further questions at the next hearing.
Gasbarro—Requested a continuance to June 1.Noted the proposed use meets with the Harbor Plan.
Erisman—There should be signage and handling of dog waste.
Staff Noted that this project is limited due to the geographical region,not jurisdiction.
Asked for written comments by May 27 before the June 1 hearing.
Motion Continued to June 1 without objection.
Vote N/A
III. PUBLIC MEETING
A. Minor Modifications
1. Cliff ACK Realty Trust—96 Cliff Road (41-15) SE48-2066
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Recused None
Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence
Representative Paul Santos,Nantucket Surveyors—Minor modification for tree removal of a distressed red maple;ha,,e
been able to source a 6-to 8-inch red maple. Originally had two trees on the plan but willing to put in
three.There is also a sunset red maple,which has habitat value and likes to keep its feet wet.
Public None
Discussion Champoux—Suggested keeping it a straight red maple,a swamp maple.
Steinauer—Stated that he spoke with Jenn Karberg,who recommended sticking with only one or two
trees;over time too many trees would remove water from the wetland as they get larger.
Discussion about the distressed state of the existing red maple.
Consensus is to plant three trees in the event that one doesn't survive.
Staff The existing tree is on its way out.
Motion Motion to Approve as a minor modification. (made by:Champoux) (seconded by:Bennett)
Vote Carried unanimously
B. Certificates of Compliance
1. Twenty-Two Easton Nominee Trust—22 Easton Street(42.1.4-12, 12.1) SE48-1646
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Staff Work permitted was never completed;closing out this Order of Conditions;there is an open Order of
Conditions in place for this property.
Discussion None
Motion Motion to Issue. (made by:Champoux) (seconded by:Topham)
Vote Carried unanimously
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Minutes for May 4,2016,adopted May 18
2. Walsh—46 Shimmo Pond Road (43-77) SE48-939
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Staff This is to be invalidated;it's in compliance with current permits.
Discussion None
Motion Motion to Issue. (made by:Erisman) (seconded by: Champoux)
Vote Carried unanimously
3. Walsh—46 Shimmo Pond Road (43-77) SE48-2707
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Staff This was for repair damage to coastal bank.The work is completed and some monitoring has been
provided. Suggested it be issued given further providing of information that is correct and reestablishment
of vegetation.
Discussion None
Motion Motion to Issue. (made by:LaFleur) (seconded by:Bennett)
Vote Carried unanimously
4. Kafer—143 Wauwinet Road (11-8)SE48-2858
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Staff This is the first permit to be closed out for this site.For upgrade to septic system.It is installed correcth
and is in compliance with the permit.Asked for on-going Condition 20:Board of Health test data be
provided to ConCom.
Discussion None
Motion Motion to Issue with on-going Condition 20. (made by:LaFleur) (seconded by: Champoux)
Vote Carried
C. Orders of Condition
1.Meyer—41 Dukes Road(56-327) SE48-2881
Sitting Steinauer,Bennett,Erisman,LaFleur,Topham(Champoux recused)
Staff This is pretty straight forward.
Discussion None
Motion Motion to Issue as drafted. (made by:Bennett) (seconded by:LaFleur)
Vote Carried 5-0
2.60 Madaket Road Nominee Trust—60 Madaket Road(41-200.1) SE48-2882
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Staff This is pretty straight forward.Included the repair work to the house in this.
Discussion Erisman—Noted that the work incurs into the 100-foot buffer only a little bit.
Motion Motion to Issue as drafted. (made by:Bennett) (seconded by:Topham)
Vote Carried unanimously
3.Middle Slip LLC—29B Old North Wharf(42.3.1-225.1) SE48-2883
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Staff Noted a correction in the Department of Environmental Protection(DEP) number to be made.After the
discussion,he will strike Condition 20&Condition 21.Wants to keep Condition 19.The letter from the
Division of Marine Fisheries indicated the site was not within a habitat area.
Discussion None
Motion Motion to Issue as amended. (made by: Champoux) (seconded by:LaFleur)
Vote Carried unanimously
4.The Trustees of Reservations—Costaka Coatue Wildlife Refuge and Great Point(7-1.7) SE48-
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Staff Had instructions for a positive order.Asked for further thoughts on conditions. Can ask for a yearly
report on what invasive species were pulled.
Discussion Steinauer—They said they will be hand-puffing some invasive species;asked that be included.
5.The Town of Nantucket—Consue Springs off Union Street(55.1.4-15) SE48-2880
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Staff Had instructions for a positive order.Asked for further thoughts on conditions.Will include the use of a
tide gauge at the culvert.Will include a condition about the disposition of the dredged material.
Discussion Champoux—There was concern expressed about ensuring the dredged material is kept separate from
publicly available compost.Asked about the abutters request for a flood gate;the flow into the system
shouldn't change much.
Erisman—That would impede the in-flow;the flow out will be improved.
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Minutes for May 4,2016,adopted May 18
D. Monitoring Reports
1.34 Shawkemo,LLC—34 Shawkemo Road (27-3)SE48-2540
2.Cigarran—25 East Tristam Avenue(31-1)SE48-2840
3.Giles RT—Off of Tennessee Avenue (60.1.2-33) SE48-2839
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Staff These are improperly posted;will hold and repost for the next meeting.
Discussion None
E. Other Business
1. Approval of Minutes April 20,2016: Held
2. Enforcement Action
a. Meyer—2 North Beach Street(42.4.1-64)
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Recused None
Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence.
Staff This was formerly 2 North Beach Street and subdivided into 65&67 Easton Street.Without a ConCom
permit,the owner installed a gravity sewer manhole with potential to tie into connections.It is within the
State jurisdictional zone for land subject to coastal storm flowage,which alone requires a filing,as well as
within local land subject to coastal storm flowage.There is an existing isolated vegetated wetland at 69
Easton Street and a potential isolated vegetated wetland on this property,which has never been approved
with a clear delineation.Believes that how the manhole is sitting could directly impact that smaller isolated
vegetated wetland.This would be the fourth enforcement order on this property;we should issue it out with
the requirement to remove the unpermitted structures and restore the area and appear before the
commission on May 18.Believes punitive action needs to be issued;this site will continue to be an issue if it
is not definitively addressed.
Discussion Steinauer—Asked if the board should ask them to come in first or level the fine at this time.
Staff—Recommended having the owner come before the board then take punitive action when they are
present.
Motion Motion to Issue the Enforcement Order 2 North Beach Street(aka 65&67 Easton Street). (made by:
Bennett) (seconded by:Topham)
Vote Carried unanimously
b.Nantucket Island Land Bank,4 Polpis Harbor Road and 286,288,&290 Polpis Road(25-3.1,33,34,&3)
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Recused None
Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence.
Staff As noted during the site visit,some areas have been significantly cut;the work done crosses a number of
properties and he's not sure of the limits as relates to the stand of cut holly trees.A good percentage of that
is within the jurisdictional area of a wetlands;at 290 Polpis Road,there are tracks through the vegetated
wetlands from vehicles accessing the work site to include additional areas of cutting within resource areas on
286&288 Polpis Road.The enforcement order would be issued for the work that is done.
Representative Erick Savetsky,Executive Director Nantucket Islands Land Bank
Bob Gardner,Chair Land Bank Commission
Neil Patterson,Commissioner Land Bank Commission
Rachel Freeman,Environmental Coordinator Nantucket Islands Land Bank
Sarah Alger,Sarah F.Alger P.C.
Discussion Erisman—There was clearly fertilizer applied to the path;asked if that should be separate from the tree
cutting.
Staff—At this time,yes.
Champoux—We need to ensure something like this doesn't happen again.Whoever did this work shouldn't
be doing that kind of work in our community.That whole stand of holly is gone;he doesn't believe there will
be much regeneration from any of them.Asked: 1)where did the directive come from;2)how could a
landscaper think what was done is okay.Just because someone is asked or told to do something does not
remove that person from culpability.He wants the person who gave the directive and the person who did
the work before this board.
Topham—That work is extreme negligence.
Savetsky—Noted that frequently they get requests to cut back growth.The house that requested this work
is quite a distance from the stand and seemed it was a pruning exercise.He and his staff are horrified by how
it turned out.Being within wetland jurisdiction is another mistake that was made.A significant error was not
devoting sufficient time to ascertain the impact of the potential work.Explained the process usually taken for
such requests for pruning of growth;noted the Land Bank will have to reassess that process and do what is
necessary to mitigate and repair the damage.
Erisman—As a public citizen,she feels what happened is horrible.In her opinion,private owners shouldn't
be making requests of the Land Bank without the public's knowledge;doing that serves a specific person
over the good of the general public.Reiterated her extreme concern of the vehicles tracking through the
wetland.
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Minutes for May 4,2016,adopted May 18
Champoux—Who did this work is not a professional arborist;we need to get to a point that establishes
some metrics of professionalism in the industry.
Savetsky—Noted that the road used is under a permit to build bridges across wetlands for mowing access.
Erisman—Everyone needs to be aware of the need for habitat,both wetlands and trees.
Discussion about having the person who did the work come before the board to explain why the trees were
cut as they were.
Gardner—This is an unfortunate circumstance resulting from a number of factors.The commission is
reviewing what happened to take the necessary steps to ensure it doesn't happen again.Affirmed the
commitment of the staff and Commission to maintaining their properties in a responsible manner.
Erisman—Asked who okayed the work.
Savetsky—It was reviewed and approved by staff under his attention.It should have gone to the
Commission.
Gardner—Explained the process of presenting maintenance plan to the commission.The Land Bank takes
responsibility.The Commission is committed to putting in the safeguards to ensure a similar situation does
not occur again.
Erisman—Feels private owners should not be able to request a view prune.
Steinauer—Noted that ConCom can't tell the Land Bank how to manage their property;asked the board to
stick to the issues at hand.
Patterson—Going forward,he wants to ensure that if any property owner wants a view shed cut,it must be
on the agenda and come to the Commission for the decision.
Staff—The Land Bank understands something terrible happened and they are taking steps to ensure it
doesn't happen again. Our role is to figure out how to make our regulations hold to a violation that took
place and get all involved parties to the table to discuss what took place to put into action a plan to mitigate
the situation and/or evaluate what happened within ConCom jurisdiction.
Freeman—Noted that usually Jeff Pollock,Property Management supervisor,contacts her about all work
requiring permitting. Suggested that perhaps this project was rushed and this is how it was missed.
Erisman—Asked if the land is within MNH jurisdiction.
Freeman—It is.
Erisman—Noted that the house that requested the pruning has also cut down all shrubbery on the property.
Asked if a buffer at the end of that property for mediation could be part of this enforcement action.
Staff—It depends on whether or not they are in compliance with their existing permit 5E48-2761.Work that
is not on their property is not directly their responsibility.There is some cutting that has been done on their
property that he would like to quantify as well as some small issues in other spots that need to be addressed.
He wants as many people involved to come before the board to get as much information as possible;th(
board needs to know exactly what happened on which property and all owners involved know what is
expected of them as steward of their properties.There is a clear violation on 4 Polpis Road for which an
enforcement order would be issued;read the enforcement order.
Freeman—Has a proposal for steps to restore the area she would like the board to take a look at.Reviewed
the draft plan for restoration with boundary lines and resource areas.
Champoux—It is spring and those trees that can sprout will show it;however,for some there is nothing left
to sprout. If the holly is going to be replaced,if has to be in kind and bigger than saplings.
Staff—Procedurally,if a vehicle is going to be brought into the area,its access has to be made clear and what
steps will be made to protect the resource areas from further damage.It will be very helpful to get the
wetland buffers on record.
Steinauer—Suggested Ms Freeman talk to Brian Madden about what plants to put into the wetlands.
Staff—He has prepared Enforcement Orders for all four properties in and around the site of the cutting;
they all read the same.
Motion Motion to Issue Enforcement Orders for 4 Polpis Harbor Road,286 Polpis Road,288 Polpis
Road,and 290 Polpis Road. (made by:Topham) (seconded by: Champoux)
Vote Carried unanimously
3. Reports:
a. NP&EDC,Bennett
b.Mosquito Control Committee,Erisman
4. Commissioners Comment—None
5. Administrator/Staff Reports—None
Motion to Adjourn:7:12 p.m.
Submitted by:
Terry L.Norton
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