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Commission approves Pacoima fiber-roll stabilization only after applicants agree to remove sand-drift fencing
Summary
The Nantucket Conservation Commission on Nov. 6 closed hearings and authorized orders for paired Pacoima Road shoreline projects on the condition that wooden sand-drift fencing be removed from proposed plans.
The Nantucket Conservation Commission voted Nov. 6 to close hearings and issue orders for paired shoreline projects at 86 and 88 Pacoima Road on condition that property owners remove wooden sand-drift fencing referenced in the original plans.
Mark Ritz of Site Design, representing the applicants, said the proposals replicate a design previously permitted two doors down and described a system of fiber rolls, wooden sand-drift fencing and native plantings. "We are replicating the similar design that was approved at 78," Ritz said, noting only minor adjustments for slope. Attorney Steven Cohen argued the commission should follow performance standards and past determinations: "...the commission already answered this exact question, two doors down a few months ago," he said.
Several commissioners, most notably Commissioner RJ, said the combined measures amount to a coastal engineering structure (CES). "I just think in unison, these items constitute a coastal engineering structure," Commissioner RJ said on the record. Chair Seth Engelberg and other commissioners observed that prior commissions' decisions are persuasive but not binding; where precedent exists the commission must still apply the regulations to the lot before it.
During discussion the applicant offered to remove the wooden sand-drift fence; staff and commissioners said that without the fence the fiber rolls and plantings could be considered restorative/natural measures that do not meet the CES definition. The applicants agreed to submit a revised plan removing the fence. The commission then voted to close the hearings and approved the orders with a condition requiring submittal of the updated plan showing the fencing removed before the start of work.
Speakers (attributed above): Mark Ritz, Site Design; Steven Cohen, legal counsel for applicants; Commissioner RJ (noted dissent); Chair Seth Engelberg; Will, commission staff.
Next steps: applicants to file a revised plan that removes the sand-drift fencing; commission staff to include a condition in the orders requiring the revised plan before permit issuance.
