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Home My WebLink About078-04 Form 6-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET,MA 02554 File No. 071-{)~ Assessor's Parcel THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO "MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: (U t ' (/J 'rD/Vj f/J(r) ph Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the state zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals" . hereby agree to extend the time limIt - for a public heari~ ~ on the Applicati:oil, or - - for a decision ~ of the Board, or for any other action '--, "by the Board, (whether such Application.is an appeal ___ from the decisi9n of an~'a~strativeoff;cial, a~etition for "a Spec~al Perm~t ", or.for a Var~ance ~, or for 'any ext~"nsion _, modification _," or: renewal ___ thereof) .~ to the NEW TIME LIMIT of midnight on ~ (30( oS- but not earlier than a time limit ? s'tat~te or bylaw. The ~pplicant(s), or the attorney _ or a~ent _ for," Appl~cant(s) represented to be duly author~zed to act ~~ th~s"~atter ~or Applicant(s), in executi~~ this Agreement wa~ves any r~ghts under the Nantucket zon~ng Bylaw and the State Zoning Act, as amended, to the extent, but only to the ~xtent, inconsistent with this Agreement. f~ .^--'^ (~ >- ---., -J '.J Agreement :'"....1 .'0 cc: Town Clerk Planning Board Building commissioner Agreement filed in the office of the Town Clerk: s-I (/tor Date Town Clerk Form !!!II' NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET,MA 02554 6-89 File NO.LJ~~~ Assessor's Parcel ~-~( THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO'MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: Wi' U,h~~rr.h d \ll _--:..-,... Pursuant to the prov~s~ons of the Acts of 19~~, Chap~er 498, amending the state zoning Act, Chapter 40A of ~e Massachusetts General Laws, Applicant (s) jpetition~'r (s) . a~d the Board of Appeals-hereby agree to extend the t~meol1m1t - for a public hearing ~ on the Applicati:on, ~ - - for a decision ~~ the ~oard, or (~ -. ... for any other action 'J:>y the Board, (whether such Application.is an appeal from the decisi9n of an~-a~~strativeoff;cial,~a petition fo~ - a Spec~al Perm~t - or _for a Var~ance ~ , or for -any extension mod~fication or: renewal ther~of) -' - - -,. --- o ._~ to the NEW TIME LIMIT of midnight on ~~ but not earlier than a time limit set by sta ute r bylaw. The ~ppiicant (s), or the attorney / or a~ent ___ for.- Ap~l~cant(s) represented to be duly author~zed to act ~n th~s_~atter ~or Applicant(s), in executi~~ this Agreement wa~ves any r~ghtsunder the Nantucket zon~ng Bylaw and the State zoning Act, as amended, to. the extent, but only to the ~xtent( inconsistent with this Agreement. FOR THE 'l/;\ FOR APPL or; ate of Agreement cc: Town Clerk Planning BoaJ::d Building commissioner a. Agreement filed in the office of the Town Clerk: _3 ([ ~ fo S Date Town Clerk 6-89 Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET,MA 02554 File No.()77-oLf Assessor's Parcel THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO"MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: WI l!I'o /Ill /-!;3( &90 t-e ( Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the state zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s) lpetitione"r(s) and the Board of Appeals" "hereby agree to extend the time linlit _ for a public hearing K. on the Applicati:oi1, or - - for a decision ~ of the ~oard, or. for any other action "--, "by the Board, (whether such Application.is an appeal ___ from the decisi9n of an~'admin~strativeoff;cial, a petition for "a Spec~al Perm~t ", or .for a Var~ance ><... , or for "any extension _, modification _,. or: renewal ___ ther~of) '. ~ to the NEW TIME LIMIT of midnight on iJ?OY'clt <-":fIt 2/'l} 5' but not earlier than a time limit set by statute or bylaw. The ~pplicant(s), or the attorney ___ or a~ent ___ for,. Appl~cant(s) represented to be duly author~zed to act 1~ th~s"matter ~or Applicant(s}, in executi~~ this Agreement wa~ves any r1ghts under the Nantucket zon~ng Bylaw and the State Zoning Act, as amended, to the extent, but only to the extent, inconsistent with this Agreement. ~- FOR c::5 1,,)1 I 1 OS Effect v date of Agreement fYl ~ ('"'. cc.' co: Town Clerk Planning Board B4ilding commissioner co c?. "- 'I \^t()~~ ~~ jf,() Agreement filed in the office of the Town Clerk: L:, 'lIto! OJ :-, Da te Town Clerk TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, NOVEMBER 19,2004, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: ~L~F.HOLDGATE BOARD OF APPEALS FILE NO. 078-04 Applicant is seeking relief by VARIANCE under Nantucket Zoning By-law Section 139-16A (Intensity Regulations - front yard setback), Applicant is seeking permission to locate a proposed single-family dwelling within the required 30- foot front yard setback area, no closer than nine feet from the front yard lot line along Grove Lane, due to the presence of substantial wetlands on the property. Applicant has been issued an Order of Conditions No. SE48-1460 by the Nantucket Conservation Commission designating a specific building envelope and footprint for the proposed structure, The building envelope is located at the most northerly section of the Lot and is about 30 feet deep running in a southerly direction on the easterly and westerly side yard lot lines and in the center just over forty feet from the front property lot line on Grove Lane. The Premises is located at 18 GROVE LANE, Assessor's Map 41, Parcel 441, Plan Book 18, Page 68, Lot 4. The property is zoned Residential-2. LJ;~!~~ THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. BoA',Form 1;-89 N~,J1TUCKET ZONING B01\1ill OP lI.PPEALB TOWN AND COUNTY BUILDING, 'NllNTUCKET, H.i\02554 Octob:er..6, 2004 . Date ( t NO@-o, APPLICATION FOR RELIEF CABE .0'" .-/' . Owner's name(s): William F. Holdgate .P.O. Box 1875, Nantucket, Massachusetts, 02554 Mailing address: Applicant's name: William F. Holdgate M~iling address: P.O. Box 1875, Nantucket, Massachusetts, 02554 Location of lot : Ass'essor' s map and parcel number ~ _ 441 street address: 18 Grove "Lane, Nantucket Registry Land ct Plan, Plan Bk & Pg or Plan File PLBKI8/68 Lot~ Date lot acquired: Q.~/!J..I93 Deed Ref ~,~ Zoning distiict ~ -2. \-, Uses on lo~ - commercial: None or - number of: . dwellings___ duplex~ BUilding date(s): all pre-B/72? or Building Permit' appl'.n; Nos. Case Nos. all BoA applications, lawsuits: " ,"-" ,?,!CD?___ apartments~'rental rooms___ C of 07-,--- ,(1;...... State fully all zoniri~ relief sought and respective' Code sections and sUbsections, spec~fically what you propose compared to present and whatg~ounds ~ou urge for Boll. to make each finding per. Section 139-3211. ~ if Var~ance, 139-3011. . if a Special Permit . (.oQ.J1.P. 139-3311. if ,to alter'or-"ext'end 'a nonconforming use).' If aPPeal per139-3~A &-B -- , attach decisi?n or order appealed. OK to attach addendum . The Applicant-seeks a variance fr~m the fr~nt yard setback to constru~t ~,s~ng~e f~~ll~ ,dwelllng on the t W;thout a waiver of the front yard setback proper y. ... , ej~ h require~ent"the wetlands on the property rend t e property unbuirdable. Please see attached Adqendum hereto. Items enclosed'as part of this Application: arderl' addendum2~ Locus map Site plan showing present. +plannect" V ~sb;-uct'i:ireS F~ob~ plans present~ -praposed___ elevatIOns ___ (HDC,a~proved?__) Llstlngs lot area frontage setbacks GCR. park~ng data . Assessor-certifiea-addressee TISt ~ sets~ma~llng label9 2 sets~ f300 fee payabl.e,_,to_,~Q:w.n "of Nan.tucket,v prOof " _ ,'cap I covenant __ (If an appeal, ~sk Town Clerk t<?,,~e!:-Cf!3ldg Comrl.s r~s:~~?- to BOAT I certify that the requested ~nfarmation submitted is SUbstantially complete and tru~.' to, the best !Jf my knaw+~qge, under the D'.lins and :Z;~:~:, OmJ1h:..:.,.... . , APPli'ca~:. _ Attor~~:;~ge~t ./ 3(If not owner or owner's attorney, enclose prOof of a~tharity) Application cOPi;;/r~'d' :.rR'~~:r U::A on ~"; _a~;,()~ One copy filed with Town Cl~rk an-1t,~O~bY ,,:,";.,.' comp~ete?' , One co~y ea,S:h"to ?lan~ing..B~ aJ)d' ?U.il<l~p~.';;.l?t l . YQ{,\'Y.. . $200 fee check given'Town Treasurer an~~~ bY~}ai~ed?___ Hearrg notice posted JJ .lA;fr maile<llY1/Qh & Mjl.;~.o't 1UQjo~ Hear~ng(s) on--l--l__ cont'd ta--l--l__, --I--I~ ~ith~rawn?--I~__ Decision due bY--I--I__ made--l~__ filed. TC--I--I__ mailed--!--I__ See ~p'~rpn ~~~^~ c5 ~ I Vl -0 \~;J (~ .::::J ~ I. . ~ , ADDENDUM ~~9r{(P~ The applicant, William F. Holdgate, seeks a Variance pursuant to Section 139-32(A) of the Nantucket Zoning By-Law for his property located at 18 Grove Lane (the "Property"). The Applicant proposes to build a single family dwelling on the Property and within the front yard setback. The subject Property is located in the Residential- 2 (R-2) zoning district. The front yard setback in the R-2 zoning district is thirty (30) feet. The Property consists of a lot of vacant land totaling approximately 22,853:1: square feet. The Applicant requested a wetlands survey of the property. The surveying work, and specifically, a Replication Plan prepared to accompany the Applicant's Notice ofIntent filed with the Nantucket Conservation Commission,! (copy attached) was performed by Nantucket Surveyors, Inc. This Replication Plan indicates that the only possible dwelling footprint, due to significant wetlands on the Property, must fall within the front yard setback. As the Plan indicates, virtually the entire remaining portions of the Property are affected by wetlands. Granting the proposed Variance would not be detrimental to the neighborhood. The proposed dwelling is moderate in size. Also, by granting the requested Variance, the Board would be acting in a manner consistent with the spirit and intent of the Zoning By-Law. There are, accordingly, specific and unique topographical conditions on the Property that make literal enforcement of the front yard setback requirements impossible. Such literal enforcement of the front yard setback requirements will involve a substantial hardship for Mr. Holdgate and render his lot "unbuildable." The Applicant respectfully requests that the Board grant him the requested Variance. I The Nantucket Conservation Commission subsequently issued an Order of Conditions relative to this matter on November 28,2001, a copy of which is attached hereto, which was subsequently recorded at the Nantucket Registry of Deeds in Book 725, Page 235, The Applicant requested on September 17, 2004 that said Order of Conditions be extended until November 28,2006. BOOK 725 PAGE0235 .' ~ '.--3 Massachusetts Department of Environmental Protection ~ Bureau of Resource Protection - Wetlands ~.it 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: SE48-1460 Provided by DEP A. General Information From: Nantucket Conservation Commission Conservation Commission This issuance if for (check one): C8J Order of Conditions D Amended Order of Conditions To: Applicant: William F. Holdgate Name PO Box 1875 Mailing Address Nantucket CityfTown Property Owner (if different from applicant): same Name Mailing Address MA State 02554 Zip Code CityfTown State Zip Code 1. Project Location: 18 Grove Lane Street Address 41 Assessors Map/Plat Number Nantucket CityfTown 441 Lot#4 Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Nantucket County 415 Book 18 Page Certificate (if registered land) 3. Dates: May 11,2001 Date Notice of Intent Filed November 07, 2001 Date Public Hearing Closed November 28, 2001 Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): See attached Findings and Additional Conditions Title Date Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Richard K. Earle Name 6. Total Fee: $ 305,00 (from Appendix B: Wetland Fee Transmittal Form) oil BOO K 7 2 5 PAGE 0 2 36 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: SE48-1460 Provided by DEP 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: [8J Public Water Supply 0 Land Containing Shellfish [8J Prevention of Pollution [8J Private Water Supply 0 Fisheries [8J Protection of Wildlife Habitat [8J Groundwater Supply [8J Storm Damage Prevention [8J Flood Control [8J Recreation (Bylaw) [8J Erosion and Sediment (Bylaw) [8J Wildlife (Bylaw) [8J Wetland Scenic View (Bylaw) [8J Protection of Wildlife Habitat (Bylaw) Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: [8J 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. o 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. Wpalorm5.doc . rev. 11/28/01 Page 2 017 BOOK 725 PAGE0237 .' ~~. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands I WPA Form 5 - Order of Conditions .~ Massachusetts Wetlands Protection Act M.G.L. c. 131.340 And the Town of Nantucket Bylaw Chapter 136 DEP File Number: SE48-1460 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 SE48-1460 10. 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. 11/28/01 Page 3 of7 BOOK 7 2 5 P~GE 0 2 38 .' ~'. . ~ Massachusetts Department of Environmental Protection :tG Bureau of Resource Protection - Wetlands ~f\. WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, S40 And the Town of Nantucket Bylaw Chapter 136 DEP File Number: SE48-1460 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. .A.t 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. [8J that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Town of Nantucket Bylaw Municipal Ordinance or Bylaw Chapter 136 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. 11/28/01 Page 4 of 7 .~ Wpaform5.doc . rev. 11/28/01 BOOK 725 PAGE0239 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, S40 And the Town of Nantucket Bylaw Chapter 136 DEP File Number: SE48-1460 Provided by DEP B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: Please reference attached findings and additional conditions This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance, November 28, 2001 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 applicant). Signatures: Clark Whitcomb Virginia Andrews Wallace Howard On 28th Day Of November 2001 Month and Year 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/sh executed the same as his/her free act and deed. ~ August8,2008 My Commission Expires applicant as follows: [8'J by hand delivery on November 28, 2001 Date D by certified mail, return receipt requested, on Date Page 5 of 7 '~ Wpaform5.doc . rev. 11/28/01 BOO K 7 2 5 PAGE 02 4 0 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, S40 And the Town of Nantucket Bylaw Chapter 136 DEP File Number: SE48-1460 Provided by DEP C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, S 40) and is inconsistent with the wetlands regulations (310 CMR 10.00), To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be 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 subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Nantucket Conservation Commission Conservation Commission Page 6 of 7 BOO K 'Z t) PAGE U 2 LJ 1 .~' '~ . Massachusetts Department of Environmental Protection ~ Bureau of Resource Protection - Wetlands ~f( WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, S40 And the Town of Nantucket Bylaw Chapter 136 DEP File Number: SE48-1460 Provided by DEP D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ---------------------------------------------------------------------------------------------------------------------------- To: Nantucket Conservation Commission Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: Nantucket County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Wpaform5.doc . rev. 11/28/01 Page7of7 .~ BOO K 7 2 5 PAGE 0 2 4 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E - Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, S40 A. Request Ilnformation 1. Person or party making request (if appropriate, name the citizen group's representative): Name Mailing Address CitylTown State Zip Code Phone Number Fax Number (if applicable) Project Location Mailing Address CitylTown State Zip Code 2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1 )): Name Mailing Address CitylTown State Zip Code Phone Number Fax Number (if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for (check one): D Superseding Order of Conditions o Superseding Determination of Applicability o Superseding Order of Resource Area Delineation Send this form and check or money order for $50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform5.doc' Appendix E . rev. 11/28/01 Page 1 of2 ..~ Massachusetts Dep~~~ent7o~~!~g~~.&~I~rotection Bureau of Resource Protection - Wetlands WPA Appendix E - Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, S40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see Appendix A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform5.doc' Appendix E . rev. 11/28/01 Page2of2 BOO K 7 2 5 PAGE 0 2 4 4 FINDINGS and ADDITIONAL CONDITIONS William F. Holdgate DEP FILE NUMBER SE48-1460 ASSESSOR'S MAP 41, PARCEL 441 Lot 4 18 Grove Lane 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 construction of a single family residence, limited fining of a bordering vegetated wetland and wetland replication, FINDINGS 1. Applicant's Name: William Holdgate DEP File Number SE48-1460. 2. This Order of Conditions is being issued in strict accordance with the information submitted in the Notice ofIntent with attachments dated 5/10/2001 and the Plan of Record dated as revised 11/28/01 (Sheet 1 of2) signed by Richard Earle and 11/28/01 (Sheet 2 of 2). The Commission also considered other pertinent supplemental information including but not limited to: DEP Wetlands Delineation Forms dated 11/13/00 and 5/9/01 Letter from Nantucket Surveyors dated 11/1/01, with attachments (drainage analysis, monitoring well information) Letter from Nantucket Surveyors dated 8/20/0 I explaining plan changes Photos dated as received 9/7/2001 (Photo date notations Dec. & Jan., Feb., March & April, and Memorial Day Weekend 2001) Photos dated as received 6/6/01 Photos taken by Commission staff dated 6/4/01 Letter from Nantucket Land Council dated 9/5/01 Letters from Melissa Philbrick dated 8/1 % 1 and 9/7/01 DEP file # Assignment Sheet Typical Wetland Replication Area Planting Section & Shrub Planting Detail provided by Nantucket Surveyors Order of Conditions SE48-60 1 3. Areas subject to protection/regulation are intermittent streams, land subject to flooding, bordering vegetated wetland, and their buffer zones. 4. This Order is in accordance with a vote by the Nantucket Conservation Commission to close the public hearing on 11/7/2001 and a vote to issue Orders taken by the Commission on 11/28/2001. 5. This Order permits the construction and maintenance of a single family residence, limited filling of a bordering vegetated wetland, and wetland replication. The BOOK 725PAGE0245 proposed work is within a wetland resource area and within 25' of a wetland resource area and therefore requires waivers. Structures are proposed within a resource area and within 50' of a resource area. 6. The Commission recognizes that limited filling of a bordering vegetated wetland to construct a single family residence is allowed under the provisions of 31 OCMR1 0.55( 4)(b )(1-7). 7. The Commission recognizes that an Order of Conditions allowing for the construction of a single family residence was permitted by a prior Commission on 2/15/91. 8. The Commission finds: that the residential construction and wetland replication project is necessary to avoid so restricting the use of the property as to constitute a taking without compensation, that there are no reasonable conditions or alternatives to the work proposed within the bordering vegetated wetland or its 25' and 50' buffer, and that the project as permitted will not adversely impact the interests identified, and that the project as permitted will serve to enhance flood storage and prevention of storm damage. 9. The Commissions finds that the project as proposed and permitted qualifies for waivers to the Nantucket Wetland Protection Bylaw Regulations, Section 1.03(F)(2) and Section 1.03 (F)(3)(a, b and d). 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 part of this Order of Conditions. STANDARD SPECIAL CONDITIONS 1. Pursuant to General Condition Number 8, this Order of Conditions must be registered in the Registry of Deeds for Nantucket and proof of recording shall be submitted to the Commission, prior to commencement of any work approved in this Order. 2. No work approved under this Order shall take place until all administrative appeal periods from the Order have lapsed, or, if an appeal has been filed, until all proceedings have been completed. 3. The landowner, applicant, and/or the contractor will notify the Commission in writing 5 days prior to the start of work. The letter shall state the name, address, and telephone number ofthe 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. 4. Prior to any activity a siltation fence with staked haybales shall be placed as shown on the plan of record. 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 BOOK 725 PAGE0246 devices, The siltation fence erected to prevent siltation, erosion, filling of the wetland, and to trap windblown debris during construction, will also serve as a limit of the activity for work crews. It shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the Commission. 5. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts and have 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 wetland; the edge of the wetland; the grade contours within 100 feet of the wetland, including all grading related to the wetland replication project; monitoring well locations and detailed mapping ofplantings for wetland replication project. 6. Members, employees, and agents ofthe 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 pe11inent Massachusetts regulations (310CMR10:00 through 10:99). The Commission may require the submittal of any data deemed necessary by the Commission for that evaluation. 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 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 ofthe property owner of record to see that maintenance conditions are complied with as required by this Order. 8. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 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. 10. 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. BOO K 7 2 5 PAGE 0 2 4 7 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 oftrus permit and shall be so noted on the Certificate of Compliance. 12. 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. 13. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 14. No underground petroleum product storage tanks are allowed within 50' of any wetland. 15. No work under this Order of Conditions may go forward 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. 16. 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 an Amended Order of Conditions request. ADDITIONAL SPECIAL CONDITIONS 17. Used petroleum products from the maintenance of construction equipment, construction debris, and unused paint-related products shall be collected and disposed of responsibly off the site. No on-site disposal ofthese items is allowed. 18. No brush removal or cutting of vegetation is permitted within a resource area or within 25 feet of a vegetated wetland unless as shown on the Plan of Record. 19. Prior to the issuance of this Order the applicant shall provide the Commission with a detailed plant inventory of existing vegetation within the wetland area to be filled, within the wetland area that is to serve as a replication access path, and within the footprint of the proposed wetland replication area. 20. A detailed construction sequencing shall be provided to the Commission at or before the onsite meeting scheduled in accordance with Note #2 of the Wetland Replication Procedure on the plan of record. This construction sequencing shall require that BOOK 725 PAGE0248 those tasks required to complete the wetland replication component of the project be undertaken first, including: excavation of replication area stockpiling and use of all existing wetland soils within the proposed fill area with direct transfer of organic soils to replication area providing 24" organic soil base within]eplication area planting wetland stock as previously approved by the Commission after evaluation of plant inventory as required by Additional Special Condition #19 mitigation of temporary construction impacts within replication access path and monitoring of replication proj ect for a minimum of twelve months after completion of planting. This work to be undertaken as agreed during pre-construction onsite, with proper erosion control measures in place. 21. All work relating to the wetland replication proj ect shall be in accordance with the procedures outlined on the plan of record with the following exceptions: replication plantings shall achieve a 75% survival success rate after the first and continuing through all subsequent growing seasons, annual reports documenting survival rates shall be provided to the Commission until a Certificate of Compliance is issued general vegetative cover shall achieve a 95% density after two growing seasons organic mucks recovered from the disturbed wetland area shall be used and supplemented with additional organic materials to provide a 24" soil base within the replication area at the time of installation of groundwater monitoring wells, up to 2 test pits shall be excavated within the replication area and logged by a soil evaluator to determine seasonal high ground water as-built grading plans shall be provided to the Commission for review and approval prior to vegetating the replication area three cross - sections including wetland flag transects from Mayhew Lane through wetland flag 19R, 18R, and 11 shall be provided to the Commission with the as-built grading plan. weekly inspection reports shall be submitted to the Commission during the construction and planting of the replication area and subsequent mitigation to the replication access path and spring and fall planting evaluation reports shall be provided to the Commission for evaluation and assessment for the need to supplement existing plantings. 22. The wetland replication portion of this Order must be completed and approved by the Commission prior to the commencement of any other work permitted by this Order. BOO K 7 2 5 PAGE 0 2 4 9 23. The applicant is allowed limited brush cutting in order to place approved erosion control measures. WAIVERS UNDER THE NANTUCKET WETLANDS BYLAW /REGULA TIONS: The Commission hereby grants waivers to Section 3.02 (B)(1) of the Wetlands Protection Regulations of the Town of Nantucket, under the Wetlands Bylaw (Chapter 136), which states that all proposed projects which are not water dependent shall maintain at least a 25-foot natural undisturbed area adjacent to vegetated wetlands and all structures which are not water dependent shall be at least 50' from a vegetated wetland. The Commission finds that the work proposed within the vegetated wetland and within the 25' and 50' buffers qualifies for waivers for the reasons as cited in Finding # 8. Therefore, waivers are granted under the authority of Sections 1 :03(F)(2) and 1 :03(F)(3)(a, b and d) of the Wetlands Protection Regulations for the Town of Nantucket. Nantuck~t ~ount~ Received & Entered DateNOV' 9 Zu01 Time:~ Attest: ~:1.~ ReWS1e( of Deeds End of Instrument '.".~ it ~()O BoA Form 2-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST PROPERTY OWNER: wi 11 iM1t1. F. J-/-&/d,etk APPLICANT FOR RELIEF (SAME? ~): ADDRESS OF PROPERTY: /8 6r~ve Lanll ) JJaltfy~ ASSESSOR'S MAP - PARCEL: Ifl - l./'tl ~ (Dt#'f) * * LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED ~): \..11,1\1 '13"" 'r~, '"'! I Ni "'-"N v /IV )"jJi Iii V , :i ,002 9 1 d3S SHOSS3SS\i ::iO 08V08 031\13838 I certify that the foregoing (or the attached ____) lists all persons, natural or legal, who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within three hundred feet of the ~roperty line of Owner's property, as they (and their address) appear on the most recent applicable tax list [per M.G.L. c.40A, ~ll and Zoning Code Ch;;;:_1;;; H39-29D(2)]. LJ~ t1 ~ Date Nssessor's Office Town of Nantucket *NOTE: Applicant (Petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. Submitted Date: Client: b~~~ and Dale, P. C. jah/FORMS/bo.. A 1 '" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 3: --- ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 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