HomeMy WebLinkAbout043-04
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
AvctV9Y"
!Z-,20Qi
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fol,lowing:
Appl-ica tion No.:
o tf3-otf
CbrL ;jf). se/~I!rr? Om
:J IL("(g ~
bwner/Applicant:
60 ('6 ra
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
Any' action appealing the Decision must be brought by
filing an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
complaint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
/V(J.M
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND V^RIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); n139-32I (VARIANCES)
I
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 46
Parcel 02
LUG-3
31 Almanack Pond Road
Land Court Plan 4838-D, Lot B
COT 21134
At a Public Hearing ofthe Nantucket Zoning Board of Appeals, held at 1:00 P.M.,
Friday, July 9,2004, in the Conference Room, Town Annex Building, 37 Washington Street,
Nantucket, Massachusetts, on the Application of the CARL M. AND BARBARA JELLEME, of
6 Howard Street, Nantucket, MA 02554, Board of Appeals File No. 043-04, the Board made the
following Decision:
1. Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By-law
Section 139-32 from the provisions of Nantucket Zoning By-law Section 139-16A (Intensity
Regulations- front yard setback), and to the extent necessary, MODIFICATION of the previous
Decision in BOA File No. 020-87 which validated the siting of the existing single-family
dwelling that was located within a side yard setback area. Applicants propose to construct an
unlighted tennis court, ancillary to their residential use, at a point no closer than 20 feet from the
front yard lot line along Almanack Pond Road, in a district that requires a minimum front yard
setback distance of35 feet. The Lot currently contains a non-complying single family dwelling,
(the subject of a Decision in BOA File No. 020-87) that would be relocated on the lot to a
conforming location to allow a new conforming primary single-family dwelling to be
constructed, substantially in the same location, without necessitating ZBA relief. Applicants
have obtained and Order Of Conditions No. SE48-1714 from the Conservation Commission,
which allows specific site work and made the finding that the tennis court would be more
appropriately placed at the proposed site. The Locus is conforming in all other respects to zoning
requirements.
The Premises is located at 31 ALMANACK POND ROAD, Assessor's Map 46,
Parcel 02, Lot B, Land Court Plan 4838-D. The property is zoned Limited-Use-General-3.
2. The Decision is based upon the Application and the materials submitted with it
and the testimony and evidence presented at the Hearing. The Planning Board made no
recommendation, as the matter was not of planning concern. There were no letters on file in
favor of or in opposition to the Application.
3. Applicants, through counsel, represented that while the Lot contained in excess of
four acres of land, with over 700 feet of frontage, over half of the Lot is comprised of a pond and
other significant documented wetlands. Placement of any improvements on the site are impacted
by the presence of the wetlands, the uneven topography of the site limiting areas for residential
structure( s) to be sited, and the on-site septic system locations. Applicants submitted a plan to the
Nantucket Conservation Commission and obtained an Order of Conditions (SE 48-1714)
approving the location of the proposed tennis court. In its findings the Conservation
Commission stated " the Commission finds that, given existing conditions, the work permitted
within the 25' buffer (planting enhancement and tennis court) and the work permitted within the
50' buffer (retaining wall) will not adversely impact the interests of the Town By-law and will
serve to improve the natural capacity of the vegetated wetland to protect the interests of the By-
law." Applicants further stated that the Conservation Commission decision required screening
from the road and prohibited lighting of the court. Applicants had spoken to Jim Lentowski,
Executive Director of the Nantucket Conservation Foundation, a direct abutter, and represented
that the Foundation had no objection provided the tennis court was not lighted.
In response to questions from the Board, Applicant Carl Jelleme explained that
moving the proposed tennis court to the south would interfere with the approved location of the
septic system and that the natural slope of the land would be minimally disturbed if the court was
placed in this natural "bowl" closer to the road. Board member O'Mara noted that Almanack
Pond Road was truly a rural County road with a traveled surface of only 12-14 feet and used very
sparingly. Additionally, he noted that the actual location ofthe tennis court would be
considerably in excess of 30 feet from the traveled section of Almanack Pond Road.
4. Therefore, based upon the foregoing, the Board fmds that a grant of reliefto allow
the reduction in the front yard setback distance from 35 feet to 20 feet to allow the placement of
an unlit tennis court ancillary to the residential use of the property within that area would not
nullify or substantially derogate from the intent or purpose ofthe By-law and further fmds that
owing to the soil conditions (wetlands), and topography of the Locus (specifically, the change in
elevation and placement of the septic systems), and especially affecting the Locus but not
affecting generally the Limited Use General-3 zoning district, a literal enforcement of the
provisions of the Zoning By-law would involve substantial hardship (specifically, the potential
damage to the wetlands). The Board further finds that a literal enforcement ofthe front yard
setback requirement would involve a significant reduction in the usable area of this lot and
desirable relief may be granted without substantial detriment to the public good and have little
impact on this particular neighborhood. The Board further notes that no Modification of the
previous Variance was necessary as the reason for the Variance was being eliminated with the
removal of the existing dwelling from the required setback areas.
5. Accordingly, by a vote of four in favor (O'Mara, Murphy,WCLl~e..and Loftin), and
one opposed (Sevrens), the Board GRANTS the requested reliefby VARIANCE under
Nantucket Zoning By-law Section 139-16A, to allow the placement of an unlit tennis court to be
sited at a point no closer than 20 feet from the front yard lot line along Almanack Pond Road.
Said relief is granted upon the following conditions:
a. The tennis court shall not be lit.
b. The tennis court shall be screened from Almanack Pond Road per the
requirements as stated in the Conservation Commission Order of Conditions No.
SE 48-1714.
c. The placement of the tennis court shall be substantially as shown upon t~
"Landscape Master Plan Option B", dated February 2004, do~ Stephen
Stimson Associates, a reduced copy ofthe relevant portion of~Lot, w~h is
marked as Exhibit A and attached hereto. ;:-
1J04M \,~E~7~
Na~{~vrem~
Edward M~?
%- V'1
~
'"
"
\
,~ \
. .....""- " ~
.......... '~
. "'~~' '~<t
" ,,~s
"
,..~:
'''''>''
'\>...
\
\
\
'.
'.
If,
'.
,~
-i
O'/'
=E:.. ~
A Public Hearing of the NANTUCKET ZONING BOARD OF d:PEALS~ll
be held at 1:00 P.M., FRIDAY, JULY 9, 2004, IN THE CONFERENCi'ROOM~
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on-w.e
Application of the following:
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
5S!
CARL M. JELLEME AND BARBARA JELLEME
N
0\
BOARD OF APPEALS FILE NO. 043-04
Applicant is seeking relief by V ARlANCE pursuant to Nantucket Zoning By-law
Section 139-32 from the provisions of Nantucket Zoning By-law Section 139-16A
(Intensity Regulations - front yard setback), and to the extent necessary,
MODIFICAITON of the previous Decision in BOA File No. 020-87 which validated the
siting of the existing single-family dwelling that was located within a side yard setback
area. Applicants propose to construct an unlighted tennis court, ancillary to their
residential use, at a point no closer than 20 feet from the front yard lot line along
Almanack Pond Road, in a district that requires a minimum front yard setback distance of
35 feet. The Lot currently contains a non-complying single-family dwelling, (the subject
of a Decision in BOA File No. 020-87) that would be relocated on the lot to a conforming
location to allow a new conforming primary single-family dwelling to be constructed,
substantially in the same location, without necessitating ZBA relief. Applicants have
obtained an Order Of Conditions No. SE48-1714 from the Conservation Commission,
which allows specific site work and made the finding that the tennis court would be more
appropriately placed at the proposed site.
The Locus is conforming in all other respects to zoning requirements. The
Premises is located at 31 ALMANACK POND ROAD, Assessor's Map 46, Parcel 02,
Lot B, Land Court Plan 4838-D. The property is zoned Limited-Use-General-III.
/JI~~
Nancy J. Se s, Chairman
TIllS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
CASE N~.3-..CS >i
(
FEE: $300.00
Owner's name(s):
Carl M. Jelleme and Barbara Jelleme
Mailing address: h Howard StrQQt, NantuckQt MA. 0255/1
Applicant's name(s): Carl M. Jelleme and Barbara Jelleme
Mailing address:
Locus address:
6 Howard Street, Nantucket MA 02554
31 Almanack Pond Road Assessor's Map/Parcel: 46 - 02
21134
Lot No.:
Zoning District: LUG III
Land Court Plan/Plan Book & Page/Plan File No.:
Date lot acquired: -2./.rY 04 Deed Ref.lCert. of Title:
Uses on Lot - Commercial: None~ Yes (describe)
Residential: Number of dwellings~ Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? or 1987 and 1988
Building Permit Nos: 4192-87; 5558-88
C of O(s)? Yes
Previous Zoning Board Application Nos.:
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
020-87
See Exhibit "A" attached hereto
I certify that the infor tion contained herein is substantially complete and true to the best of my
knowledge, under the ains and penalties of perjury.
SIGNATURE: Applicant Attorney/Agent X
(If not owner or owner's a y, please enclose proof of agency to bring this f92tter before the Board)
^d FO~k~1 OFFICE USE . /
Application received on:i.2J2/ i.l.J. By: ({JlJU..J Complete: V Need copies?:
Filed with Town Clerk:_(QjZl.~ Phrnnmg Board:_/_/_ Building DePt.:_i--"~: ();(>4J-
Fee deposited with Town Treasurer:~z2J..Qi-By: a...b6'Waiver requested?:_Granted:-"_/_
Hearing notice posted with Town Clerk:-&ll~ Mailed:J.Qinl~~I&M:1Q/Z'fto~& :2/L/.Q!{
Hearing(s) held on:_/_/_ Opened on:-,--I-"---.:.....Continued to:_/~/_ Withdrawn?:_/____/-'-
DECISION DUE BY:_/_/_ Made:_/~/~Filedw/Town Clerk:-"_/_ Mailed:_/_/_
DECISION APPEALED?:-"_/_SUPERIORCOURT:';" , LANDCOURT ' Form 14/03/03
EXHIBIT "A"
Applicants seek a variance pursuant to Chapter 139 932 from the provisions of
Chapter 139 916 which requires a front yard setback distance of 35 feet.
Applicants wish to construct an unlighted tennis court within the front yard
setback being 20 feet from the front property line. Applicants' lot contains large
areas that are subject to the jurisdiction of the Nantucket Conservation
Commission and Applicants have obtained an Order of Conditions from the
Commission (SE 48-1714) allowing the relocation of an existing dwelling,
construction of a new single-family dwelling, barn, tennis court, retaining wall,
landscaping wall, planting, driveway realignment and associated grading within
the buffer zone to a bordering vegetated wetland and man-made pond. The
Conservation Commission made the finding that, "given the existing conditions,
the work permitted within the 25 foot buffer (planting enhancement and tennis
court) will not adversely impact the interests of the Town By-law and will serve to
improve the natural capacity of the vegetated wetland to protect the interests of
the By-law".
"" ~
18. All areas to be loamed and seeded shall be underlain with a minimum of six
inches of organic topsoil.
19. All planting shall be in strict compliance with the plan of record (Stimson dated
5/14/04) and narratives contained in the Waiver Request dated 5/6/04 and
Supplemental Waiver Request Information dated 5/18/04. Plantings within the
25' buffer shall be monitored for at least two growing seasons and shall require
an 80% growth rate or require planting of additional stock to meet a minimum
80% success rate.
20. Prior to the start of work the applicant shall provide the Commission staffwith
architecturals as approved by the HDC.
21. No construction materials or equipment shall be stored within 50' of a wetland
resource area.
22. No lighting of the tennis court is permitted by this Order.
WAIVERS UNDER THE NANTUCKET WETLANDS BYLA W/REGULATIONS:
The Commission hereby grants waivers to Section 3.02(B)(I) of the Wetlands
Protection Regulations of the Town of Nantucket Wetlands Bylaw (Chapter 136) which
states that all structures which are not water dependent shall be at least 50 feet from the
vegetated wetland and all projects which are not water dependent shall maintain at least a
25' natural undisturbed area adjacent to the vegetated wetlands, The Commission finds
that, given existing conditions, the work permitted within the 25' buffer (planting
enhancement and tennis court) and the work permitted within the 50' buffer (retaining
wall) will not adversely impact the interests of the town Bylaw and will serve to improve
the natural capacity of the vegetated wetland to protect the interests of the Bylaw.
Therefore waivers are granted under the authority of Sections I :03(F)(2) and 1 :03(F)(3 d)
of the Wetlands Protection Regulations for the Town of Nantucket.
" .~
~
, ,
'~~
(PVY
Massachusetts Department of Environmental Protection ~(Q)~~'
, '-' D File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 5c-v.J'8 -/7pl
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, S40
And the Town of Nantucket Bylaw Chapter 136
A. General Information
From:
Nantucket Conservation Commission
Conservation Commission
This issuance if for (check one):
I:8J Order of Conditions
o Amended Order of Conditions
To: Applicant:
Carl Jelleme
Name
43 Nobadeer Farm Road
Mailing Address
Nantucket MA
CityfTown State
02554
Zip Code
1, Project Location:
31 Almanac Pond Road
Street Address
46
Assessors Map/Plat Number
2. Property recorded at the Registry of Deeds for:
Nantucket
County
Nantucket
Certificate (if registered land)
3. Dates:
May 7, 2004
Date Notice of Intent Filed
May 19, 2004
Date Public Hearing Closed
1ec~ed & Entered . ,
Date: O~ 0 aco,+ Time:' 0,;:35"
Nantucket Registry District
Cert of Title No.
Joanne L. Kelley
Assistant Recorder
Property Owner (if different from applicant):
Same
Name
Mailing Address
CityfTown
State
Zip Code
Nantucket
CityfTown
2 lot B
ParcellLot Number
Book
4838-D
land Court Plan
Page
May 26, 2004
Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
Site plan of Land May 7, 2004
T~ D~
Proposed landscape! Tennis court! barn plans May 14, 2004
Title Date
Delineation data forms 2004
Title Date
5. Final Plans and Documents Signed and Stamped by:
Jeffery Blackwell
Name
6. Total Fee:
850,00
(from Appendix B: Wetland Fee Transmittal Form)
, '
00
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131,940
And the Town of Nantucket Bylaw Chapter 136
DEP File Number:
SEl/Z-J7J~
Provided by DE
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
[gJ Public Water Supply [gJ Land Containing Shellfish [gI Prevention of Pollution
~ Private Water Supply ~ Fisheries [gI Protection of Wildlife Habitat
[gJ Groundwater Supply [gI Storm Damage Prevention [gI Flood Control
[gJ Recreation (Bylaw) [gI Erosion and Sediment (Bylaw) D Wildlife (Bylaw)
[gJ Wetland Scenic View (Bylaw) [gI Protection of Wildlife Habitat (Bylaw)
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
[gJ the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control.
Denied because:
o the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued,
D the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of
the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final Order
of Conditions is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2, The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
Wpaform5,doc . rev, 5120/04
Page 2 of 9
~
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G,L. c. 131,940
And the Town of Nantucket Bylaw Chapter 136
DEP File Number:
#jFl/g--J7J1
Provided by DEP
B. Findings (cont.)
4, The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance, If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order,
5, This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe,
tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7, This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an
appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number j €l/o~/7I1f"
1 O. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
Wpaform5,doc' rev, 5/20/04
Page 3 of 9
, ;
~
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, ~40
And the Town of Nantucket Bylaw Chapter 136
DEP File Number:
$..c-7f'f) -/ 1'/ t1
Provided by DEP
B. Findings (cont.)
15, This Order of Conditions shall apply to any successor in interest or successor in control of the property
subject to this Order and to any contractor or other person performing work conditioned by this Order.
16, Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17, All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body, During construction, the applicant or his/her designee shall inspect the erosion controls on
a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary, Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Please reference attached findings and additional conditions
Findings as to municipal bylaw or ordinance
Furthermore, the Nantucket Conservation Commission
Conservation Commission
hereby finds (check one that applies):
D that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance
or bylaw specifically:
Municipal Ordinance or Bylaw
Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
~ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Town of Nantucket Bylaw Chapter 136
Municipal Ordinance or Bylaw Citation
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
Wpaform5,doc . rev, 5120/04
Page 4 of 9
~
, /
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131,940
And the Town of Nantucket Bylaw Chapter 136
DEP File Number:
s e-If 0:-' '7J9--
Provided by DEP
81. Additional Conditions (Issued by the Town of Nantucket)
The Town of Nantucket Conservation Commission has found it necessary to include these additional
conditions as a standard part of every Order. If the condition applies, then the corresponding box will be
checked:
12] 1. Pursuant to General Condition Number 8, this Order of Conditions must be registered with
the Registry of Deeds for Nantucket, and proof of recording shall be submitted to the
Commission prior to the commencement of any work approved in this Order.
12] 2, No work approved under this Order shall take place until all administrative appeal periods
from the Order have elapsed, or, if an appeal has been filed, until all proceedings have been
completed,
12] 3. The landowner, applicant, and/or the contractor will notify the Commission in writing
five days prior to the start of work. The letter shall state the name, address, and telephone
number of the project supervisor who will be responsible for insuring onsite compliance with
this Order. (All erosion/sedimentation control devices shall be installed BEFORE the start of
work. )
12] 4. Prior to any activity at the site, a snow fence, siltation fence or a line of straw bales shall be staked
as shown on the plan of record or as authorized by the Commission. After the fence or straw
bales are installed, notice shall be given to the Nantucket Conservation Commission. No work
shall begin on the site for 72 hours after said notice is given; so as to allow Commission
members time to inspect all siltation devices. The snow fence, siltation fence, or straw bale
line erected to prevent siltation, erosion, filling of the wetland, and trap windblown debris during
construction, will also serve as a limit of the activity for work crews. It shall remain in good repair
during all phases of construction, and it shall not be removed until all soils are stabilized and
revegetated or until permission to remove it is given by the Commission.
12] 5. An as-built plan, signed and stamped by a registered professional engineer or land
surveyor in the Commonwealth of Massachusetts, and having the same scale as the final
approved plans, shall be submitted to the Commission at the same time as a written request for a
Certificate of Compliance, and shall specify how, if at all, the completed plan differs from the final
approved plan. The as-built plan shall include, but not be limited to, the following: any/culvert
inverts for inflow and outfalls; pipe slope, size, and composition; location of any other drainage
structures and their composition; limits of fill or alteration; location of all structures and pavement
within 100 feet of the wetland; the edge of the wetland; the grade contours within 100 feet of the
wetland.
12] 6. Members, employees, and agents of the Commission shall have the right to enter and
inspect the premises to evaluate compliance with the conditions and performance standards
stated in this Order, the Massachusetts Wetlands Protection Act, and pertinent Massachusetts
regulations (310CMR10:00 through 10:99). The Commission may require the submittal of any
data deemed necessary by the Commission for that evaluation.
[8] 7. The applicant, owners, successors, or assignees shall be responsible for maintaining
anyon-site drainage structures and outfalls, assuring the lasting integrity of vegetative cover on
the site, and monitoring of site activities so as to prevent erosion, siltation, sedimentation,
chemical contamination, or other detrimental impact to anyon-site or off-site resource area. It
shall be the responsibility of the property owner of record to ensure compliance with the
maintenance conditions required by this Order.
Wpaform5,doc . rev. 5/20/04 Page 5 of 9
" t
~
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, 940
And the Town of Nantucket Bylaw Chapter 136
DEP File Number:
S &/'l -/7 If/-
Provided by DEP
81. Additional Conditions (cont.)
8. This document shall be included in all construction contracts and subcontracts dealing
with the work proposed and shall supersede other contract requirements.
[8] 9. A complete copy of this permit, including its drawings, Special Conditions, and any
Amendments shall be available at the work site whenever work is being performed. The permittee
shall provide a copy of this permit to all contractors, subcontractors, and other personnel
performing work relating to this project in order to assure full knowledge and compliance with the
permit's terms and conditions.
010. Natural vegetation between the wetland edge and upland edge of the Undisturbed
Buffer shall be left intact. Within 48 hours of project completion, weather permitting, all disturbed
areas shall be replanted as previously approved by the Commission, There shall beat least a 25-
foot undisturbed buffer on the upland side of the wetland boundary, This shall be an ongoing
Condition that shall survive the expiration of this permit and shall be so noted on the Certificate of
Compliance.
[8] 11. To minimize adverse effects on wildlife and water resources, the use of any pesticide
or fertilizer requires explicit permission to be granted by the Commission. This shall be an
ongoing Condition that shall survive the expiration of this permit, and shall be so noted on the
Certificate of Compliance.
012. In all cases, no part of any structure, including decks, stairs, cantilevers, etc., may be
closer than 50 feet from the approved wetland boundary, This shall be an ongoing Condition that
shall survive the expiration of this permit and shall be so noted on the Certificate of Compliance.
[8] 13. Any refuse material found on the site shall be disposed of at an approved landfill and
in no case may these materials be buried or disposed of in or near a wetland.
[8] 14. This Order of Conditions shall apply to any successor in interest or successor in
control of the property.
[8] 15. No underground petroleum product storage tanks are allowed within 100 feet of any
wetland or within any velocity (V) flood zone as indicated on the most recent FEMA
floodplain maps.
[8] 16, No work under this Order of Conditions may proceed until the applicant has filed
all necessary permits and applications with:
Board of Health, ZBA, HDC, Building Inspector, Army Corps of
Engineers, DEP, Waterways, MNH, etc.
[8] 17, All construction and alterations must comply with the above referenced plans and
the Conditions of this Order. Any changes intended to be made in the plans or in the work shall
require the applicant to file a new Notice of Intent, or to inquire of the Commission in writing
whether the change is substantial enough to require a new filing. No change in plan or work under
this filing is permissible without a new Notice of Intent, or permission from the Commission.
Wpaform5,doc' rev, 5/21/04 Page 6 of 9
'" ~
FINDINGS and ADDITIONAL CONDITIONS
Carl Jelleme
DEP FILE NUMBER SE48-1714
ASSESSOR'S MAP 46 PARCEL 2
31 Almanac Pond Road
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
(MGL CHAPTER 131, SECTION 40)
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
(CHAPTER 136)
This Order of Conditions permits the relocation of an existing dwelling;
construction of a single family dwelling, barn, tennis court, retaining wall,
landscaping wall, planting, driveway realignment and associated grading within the
buffer zone to a bordering vegetated wetland and pond (man made). Waivers are
required for the work permitted by this Order.
""\,;-",
FINDINGS
1. Applicant's Name: Carl Jelleme; DEP File Number: SE48-1714.
2. This Order of Conditions is being issued based upon strict accordance with the
information submitted in the Notice ofIntent dated 5/6/2004 and the Plans of Record
dated 5/7/04 and stamped by Jeffrey Blackwell (general site) and dated 5/14/04 from
Stephen Stimson (tennis court and plantings).
3. Areas subject to protection/regulation are bordering vegetated wetland, pond (man-
made), inland bank and intermittent stream and their buffer zones,
4. This Order is in accordance with a vote by the Nantucket Conservation Commission
to close the public hearing on 5/19/2004 and a vote to issue Orders taken by the
Commission on 5/19/2004.
5. This Order permits the relocation of an existing dwelling; construction of a single
family dwelling, barn, tennis court, retaining wall, landscaping wall, driveway
realignment and planting with associated grading within the buffer zone to a
bordering vegetated wetland.
6. Waivers are required for the construction of the retaining wall, tennis court and
plantings.
7. The Commission finds that the rock wall is not a structure and so does not require a
WaIver.
....... 'v'
In addition to the above referenced GENERAL CONDITIONS the Commission has
found it necessary to include the following Special Conditions pursuant to
MGLCh131s40 and the Town of Nantucket Wetlands Protection Bylaw, Chapter
136. The above listed General Conditions and Findings are automatically part of
this Order of Conditions.
ADDITIONAL CONDITIONS
"" ~
18. All areas to be loamed and seeded shall be underlain with a minimum of six
inches of organic topsoil.
19. All planting shall be in strict compliance with the plan of record (Stimson dated
5/14/04) and narratives contained in the Waiver Request dated 5/6/04 and
Supplemental Waiver Request Information dated 5/18/04. Plantings within the
25' buffer shall be monitored for at least two growing seasons and shall require
an 80% growth rate or require planting of additional stock to meet a minimum
80% success rate.
20. Prior to the start of work the applicant shall provide the Commission staffwith
architecturals as approved by the HDC.
21. No construction materials or equipment shall be stored within 50' ofa wetland
resource area.
22. No lighting of the tennis court is permitted by this Order.
WAIVERS UNDER THE NANTUCKET WETLANDS BYLA W/REGULATIONS:
The Commission hereby grants waivers to Section 3.02(B)(1) of the Wetlands
Protection Regulations of the Town of Nantucket Wetlands Bylaw (Chapter 136) which
states that all structures which are not water dependent shall be at least 50 feet from the
vegetated wetland and all projects which are not water dependent shall maintain at least a
25' natural undisturbed area adjacent to the vegetated wetlands. The Commission finds
that, given existing conditions, the work permitted within the 25' buffer (planting
enhancement and tennis court) and the work permitted within the 50' buffer (retaining
wall) will not adversely impact the interests of the town Bylaw and will serve to improve
the natural capacity of the vegetated wetland to protect the interests of the Bylaw.
Therefore waivers are granted under the authority of Sections 1 :03(F)(2) and 1 :03(F)(3 d)
of the Wetlands Protection Regulations for the Town of Nantucket.
"".~
~
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M,G.L. c. 131,940
And the Town of Nantucket Bylaw Chapter 136
DEP File Number:
6e~~-'11)1
Provided by DEP
B. Findings (cant.)
Additional conditions relating to municipal ordinance or bylaw:
Please reference attached findings and additional conditions
5jJ.u/o ~
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions #4, from the date of issuance.
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Office (see Appendix A) and the property owner (if different from a pI" ant).
Si~~C{Jlli.
. Archibald McColl, Chairman Clark Whitcomb
Virginia Andrews
~
Albert Manning
Michael Glowacki
Bruce W, Perry
Peter Hull
On ICfrtl
Day
Of Ma ~ ;}Or) 'I
Month an ear
before me personally appeared
The Above Commissioners
to me known to be the person described in and who executed the foregoing instrument and acknowledged
that he/she execu ed the same as his/her ee act and deed,
September 17, 2004
My Commission Expires
This Order is issued to the applicant as follows:
~ by hand delivery on
j--/;).W /0 Lj
o by certified mail, retum receipt requested, on
Date
Date
Wpaform5,doc. rev, 5/19/04
Page 7 of 9
~
,- ,.
~
wpaform 8b,doc . rev, 5/19104
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WP A Form 88 - Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131,940
And the Town of Nantucket Bylaw Chapter 136
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
DEP File Number:
5gl/6-11J~
Provided by D P
Detach on dotted line and submit to the Conservation Commission.
.-------------------------------------------------------------------------------------------------------------------------.
To:
Nantucket Conservation Commission
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Project Location
DEP File Number
Has been recorded at the Registry of Deeds of:
Nantucket
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date
Book
Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
Page 3 of 3
CURRENT ZONING CL,4SS/tICATlON:
Umaed lI.e General 3 (LII,G.-J)
MINlMIIM LOT SIZE: 120.000 S,F,
MlNlMIIM FRONTAGE: 200 FT.
FRONT YARD SETBAC{<: 35 FT,
REAR/SIDE SETBACK: 20 FT,
GllOlIND COVER " : 3"
EXISTING:
183.096 S,F,:t
SEE PLAN
SEE PLAN
SEE PLAN
0,6% :t
NOTE:
DWELLING AREk
BARN ARp.:
CHICKEN COOP AREk
TOTAL AREk
.IDirt:/P
e DENOTES EXISTING WELL
-r-r- DENOTES EXISTING WIRE FENCE
915 s,r.:t
167 s.r,:t
57 s,r,:t
1.139 S./',:t
25 - 14
Nlf
JOHNSON
LC,(:, 4838-D
~
?)::.
~
1l-
-0
~
C::::l
r f r r f r
STEEL
CONTAINER
46 - 7
N/f
NORWOOO FARM TRUST
LC.C. 4838
MORTGAGE
INSPECTION PLAN
in
NANTUCKET, MASS.
SCALE: 1"= 80' DATE: MAY 20, 2002
Owner: . , . . ~E(?fVAJ)fJT.E. LPl/l$f1JfNE'( . .
, . . . PfJd. ~/qHML.~. .Ft;EtJEJ. . . . . , . . .
DeedjCert,: .2Q.~If>. , . ., Pion: L:~.~. .4?3.8-;Q ,(OT B
Tax Map: . 1~-P~ " Locus: #:}1. ~LIIAf'I~c.K .!),olfq (?OAD
TO: . . . , .tfAN.Tl!~KE.T. B/ltvr . . , , . . .
. , . , . . . , , . . . , . , . . , , AND NO OTHERS.
I CERTIFY. TO THE eEST OF MY KNO\\1.EDGE. THAT THE
pREMISES SHOWN AflE LOCATED IN FLOOD HAZARD lONE:
. . .X . . . DELINEATED ON F.I.R.M. / COMMUNITY PANEL
NUMBER: 250230-0D 13;3. , . . C. BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY, EFFECTIVE DArE OF
MAPS: JUNE 3. 1986 AND PS PERiODICALLY REVISED.
THIs INSPECtiON Pl,AN WPS PREPARW FOR MORTGAGE PURPOSES
ONLY AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY.
THIS Pl,AN SHOULD NOT BE USED TO ESTABLISH PROPFR1Y LINES.
FENCES, HEDGES OR ANY ANCILI.ARY STRUCTURES ON THE PREMISES,
THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PlANS
OF RECORD,
THIS INSPECtiON PlAN IS NOT A CERTlF1CATION PS TO THE tiTLE OR
OWNERSHIP OF THE PROPER1Y SHOWN. OWNERS OF ADJOINING PROPERTIES
ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR
RECORDS,
THIS PlAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN
ITS INTENDED USE .STATED ABOVE. INOT TO BE RECORDED I
@Blockwell I< Assoclpte. Inc,
c:\ ROJ Te8 8 963\MPP.dw 05 21 02 02:09:31 PM EDT
BLACK'tYELL ~ ASSOCIATES, Inc,
Professiol1.t1l Land Surlieyors
20 Teasdale Circle
Nantucket, . Massach1.LSetts 02554
(508) 228-9026
C:JErFS,XlB \
rBK: B-1 PG:.25
dhCB
FND
- 963