HomeMy WebLinkAbout032-03
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
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To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fol.lowing:
Owner/Applicant:
C. ~,19r('nn
032-03
G-QY'C( ~. ~IJt{m QV\(1} t{UT"h
Application No.:
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.
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PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES~'HAVE A ~IME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING"TO N~TUCKE~
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
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ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
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NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
64 Monomoy Road
Limited Use General-1
Land Court Plan 13219-E, Lots
13 and 14; also adjacent
unregistered land
Certificate of Title No. 18121;
Deed, Book 660, Page 55
Assessor's Map 43, Parcel 109.1
(includes 109.3 and 109.4)
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, April 11, 2003, at 1:00 P.M., in the
Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
Decision on the Application of GARY L. PILGRIM and RUTH E.
PILGRIM, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post
Office Box 2669, Nantucket, Massachusetts 02584, File No. 032-03:
2. The Applicants are seeking relief by SPECIAL PERMIT
under Nantucket Zoning By-law ~139-33.A (alteration or expansion
of a pre-existing, nonconforming structure or use). The
Applicants propose to alter the existing pier, about 332 feet
long, which extends into Nantucket Harbor from their property, by
removing a section of about 52 feet from the end of the pier and
thus shortening the pier, and placing a ramp and float at the end
of the truncated pier. The overall length of the pier, together
with the ramp and float, would be reduced by about 12 feet, so
that the total length would be about 320 feet. The Applicants
represent that the pier existed prior to April 30, 1992, and the
adoption of By-law ~139-22.B, which prohibits the addition or
creation of new appurtenant structures to piers existing prior to
that date. In the alternative, the Applicants are seeking relief
by VARIANCE from ~ 139 - 22 . B, to the extent necessary to enable
them to alter the pier and add the ramp and float as proposed.
The proposed alterations have been approved by the Nantucket
Conservation Commission under an Order of Conditions dated
February 21, 2003, in Massachusetts Department of Environmental
Protection File No. SE48-1596. The subject property (the
"Locus") is situated at 64 MONOMOY ROAD, Assessor's Map 43,
Parcel 109.1 (Parcels 109.3 and 109.4 are included in the same
assessment), consists of Lots 13 and 14 on Land Court Plan 13219-
E and an unregistered strip lying between these lots, and
situated in a Limited Use General-1 zoning district.
3. Our Decision is based upon the Application and
accompanying materials, and representations and testimony
received at our public hearing. There was no Planning Board
recommendation, on the basis that no matter of planning concern
was presented. There was no support or opposition presented at
the public hearing except for the presentation by the Applicants'
representatives.
4. As presented to the Board of Appeals by the Applicants'
representatives, the pier extending into Nantucket Harbor from
the Locus was built many years ago by a prior owner, and pre-
exists the 1972 adoption of the Nantucket Zoning By-law. The
pier is built out over shallow water, and apparently was built to
its present extent in order to reach water deep enough to float
the prior owner's vessel. However, the pier is built high above
water level, and is not practical as a means of access to small
pleasure watercraft. Accordingly, the applicants' surveyor and
engineer have designed a modif ication to the pier, which will
foreshorten the existing pier by 52 feet and place a ramp and
float at the end, as approximately shown upon a plan by Sullivan
Engineering, Inc. and Blackwell and Associates, Inc., dated
November 7, 2002, revised February 7, 2003, a reduced copy of
which is attached hereto as Exhibit A. This system will allow
for convenient access from the float to small boats, with the
overall length of the structure, including the ramp and float,
being about 12 feet shorter than the existing pier. The ramp and
float will be removed from the Harbor for storage each winter.
5. By-law ~139-22.B prohibits for all non-public owners, in
all zoning districts except the Residential-Commercial district,
construction of new docks, piers and wharves, extension of
existing docks, piers and wharves, and the addition or creation
of new appurtenant structures for existing docks, piers and
wharves, except for docks, piers and wharves approved by the
Nantucket Conservation Commission prior to April 30, 1992.
Because, as represented by the Applicants and found by the Board
of Appeals, the subject pier existed prior to April 30, 1992, the
question of the alteration of this nonconforming, pre-existing
structure while not increasing its extent is governed by By-law
~139-33 .A(4), for the alteration of pre-existing, nonconforming
structures or uses.
6. Based upon the foregoing facts, the Board of Appeals, by
UNANIMOUS vote made the finding that the proposed alteration of
the pier upon the Locus would not be substantially more
detrimental to the neighborhood than the existing nonconforming
pier, in that the pier would be shortened and the float would be
lower than the existing pier structure, and GRANTED RELIEF by
SPECIAL PERMIT under Nantucket Zoning By-law ~139-33.A(4), to
allow the alteration of the pier as proposed and shown on
attached Exhibit A.
Dated:
June ~, 2003
2
TO:
TOWN CLERK'S OFFICE
FROM:
LINDA F. WILLIAMS, ZBA ADMINISTRATOR
DATE:
JUL Y 9, 2003
RE:
ZBA FILE NO. 032-03
It has just been brought to my attention that there was a clerical error on the first page of
the text of the above referenced Decision. The copy filed with your office stated in the
description ofthe property in the heading at the top of page 1, that the property is shown
on Land Court Plan 13210-E, as "Lots 13 and 14" and the same error is repeated at the
end of paragraph 2. The correct lot number description is "Lots 13 and 16". Please add
this memo and attached corrected first page to the already filed copy of the Decision. As
this cover sheet states, there is no 20-day appeal period required for clerical corrections.
The Registry of Deeds needs a corrected version to be filed at the Town Clerk's office
and certified by your office before they will file it against the record in their office.
Should you have any questions, please do not hesitate to call this office at 508-228-7215.
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
Date:
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TO: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of
the following:
OWNER/APPLICANT:
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APPLICATION NO.:
Enclosed is the Decision of the Board of Appeals which has this
day been filed with the Nantucket Town Clerk. This Decision
provides a CLARIFICATION (not a Modification), an EXTENSION, or
authorizes a TEMPORARY PERMIT under Nantucket Zoning By-Law
~139-26H, with NO twenty (20) day appeal period required.
Chairman
cc: Town Clerk
Planning Board
Building Department
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
64 Monomoy Road
Limited Use General-l
Land Court Plan 13219-E, Lots
13 and 16; also adjacent
unregistered land
Certificate of Title No. 18121;
Deed, Book 660, Page 55
Assessor's Map 43, Parcel 109.1
(includes 109.3 and 109.4)
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, April 11, 2003, at 1:00 P.M., in the
Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
Decision on the Application of GARY L. PILGRIM and RUTH E.
PILGRIM, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post
Office Box 2669, Nantucket, Massachusetts 02584, File No. 032-03:
2. The Applicants are seeking relief by SPECIAL PERMIT
under Nantucket Zoning By-law ~139-33.A (alteration or expansion
of a pre-existing, nonconforming structure or use). The
Applicants propose to alter the existing pier, about 332 feet
long, which extends into Nantucket Harbor from their property, by
removing a section of about 52 feet from the end of the pier and
thus shortening the pier, and placing a ramp and float at the end
of the truncated pier. The overall length of the pier, together
with the ramp and float, would be reduced by about 12 feet, so
that the total length would be about 320 feet. The Applicants
represent that the pier existed prior to April 30, 1992, and the
adoption of By-law ~139-22. B, which prohibits the addition or
creation of new appurtenant structures to piers existing prior to
that date. In the alternative, the Applicants are seeking relief
by VARIANCE from ~139-22. B, to the extent necessary to enable
them to alter the pier and add the ramp and float as proposed.
The proposed alterations have been approved by the Nantucket
Conservation Commission under an Order of Conditions dated
February 21, 2003, in Massachusetts Department of Environmental
Protection File No. SE48-1596. The subject property (the
"Locus") is situated at 64 MONOMOY ROAD, Assessor's Map 43,
Parcel 109.1 (Parcels 109.3 and 109.4 are included in the same
assessment), consists of Lots 13 and 16 on Land Court Plan 13219-
E and an unregistered strip lying between these lots, and
situated in a Limited Use General-1 zoning district.
3. Our Decision is based upon the Application and
accompanying materials, and representations and testimony
recei ved at our public hearing. There was no Planning Board
recommendation, on the basis that no matter of planning concern
was presented. There was no support or opposition presented at
the public hearing except for the presentation by the Applicants'
representatives.
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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, APRIL 11, 2003, IN THE CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
GARY L. PILGRIM AND RUTH E. PILGRIM
BOARD OF APPEALS FILE NO. 032-03
Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion of a pre-existing nonconforming
structure/use). Applicants propose to alter the existing pier, about 332 feet long, which
extends into Nantucket Harbor from their property, by removing a section of about 52
feet from the end of the pier and thus shortening the pier, and placing a ramp and float at
the end of the truncated pier. The overall length of the pier, together with the ramp and
float, would be reduced about 12 feet, so that the total length would be about 320 feet.
The pier is said to have existed prior to April 30, 1992, and the adoption of Nantucket
Zoning By-law Section 139-22B, which prohibits the addition or creation of new
appurtenant structures to piers existing prior to that date. In the alternative, the Applicants
are seeking relief by VARIANCE from Section 139-22B, to the extent necessary to
enable them to alter the pier and add the ramp and float as proposed. The proposed
alterations have been approved by the Nantucket Conservation Commission under an
Order of Conditions dated February 21,2003 and in Massachusetts Department of
Environmental Protection File No. SE48-1596.
The Premises is located at 64 MONOMOY ROAD, Assessor's Map 43, Parcel
109.1, Land Court Plan No. 13219-E, Lots 13 and 14, also unregistered parcel, shown in
Deed Book 660, Page 55. The property is zoned Limited-Use-General-l.
A
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
BOA Form 1-89
NANTUCKET ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
March 5, 2003
Date
No. ~1/-03
CASE
APPLICATION FOR RELIEF
Owner's name(s): Gary L. Pilgrim and Ruth E. Pilgrim
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
Applicant's name: Same
Mailing address: POSt Office Box 2669, Nantucket, Mass. 02584
Location of lot: Assessor's map and parcel number 43-109.1
Street address: 64 Monomoy Road Zoning district LUG-1
Land Court Plan 13219-E, Lots 13 and 16; also unregistered parcel
Date lot acquired: 11/6/97 Cert. of Title 18121; deed, Book 660, Page 55
Uses on lot - commercial:- None x or MCD? ---
_ number of: dwellings 1 duplex apartments rental rooms
Building date(s): all pre-8772? or C of-o?
Building Permit appl'n Nos. -- -----
Case Nos. all BoA application~wsuits:
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139-32A x if Variance, 139-30A x if a Special Permit (and 139-33A
x if to alter or extend a nonconforming use). If appeal per 139-31A
& B ,attach decision or order1 appealed. OK to attach addendum2
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The applicants propose to alter the existing pier, about 332 feet long, which
extends into Nantucket Harbor from their property, by removing a section of about
52 feet from the end of the pier and thus shortening the pier, and placing a ramp
and float at the end of the truncated pier. The overall length of the pier,
together with the ramp and float, will be reduced by about 12 feet, so that the
total length of the pier, ramp and float will be about 320 feet. The pier existed
prior to April 30, 1992, and the adoption of Nantucket Zoning By-law !i139-22.B,
which prohibits the addition or creation of new appurtenant structures to piers
existing prior to April 30, 1992. Accordingly, the applicants request relief by
Special Permit under !i139-33.A for the alteration of the pre-existing,
nonconforming pier structure by adding the proposed ramp and float while reducing
the overall length of the pier, including the ramp and float. In the alternative,
the applicants request relief by Variance from !i139-22,B to the extent necessary
to enable them to alter the pier and add the ramp and float as proposed. The
proposed alterations have been approved by the Nantucket Conservation Commission
under an Order of Conditions dated February 21, 2003, in Massachusetts Department
of Environmental Protection File No. SE48-1596.
Items enclosed as part of this Application: order1 addendum2
Locus map x Site plan x showing present x + planned x structures
Floor plans present -proposed elevations (HDC-approved? )
Listing lot area frontage setbacks GC~ parking data--
Assessor-certifiea-addressee list 4 sets X-mailing labels 2 sets ~
$300 fee payable to Town of Nantucket 3 proof3 'cap' covenant
l(If an appeal, ask Town Clerk to send Bldg Comr's record to BO~)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties o~ pe:tt~ /;1 ~
SIGNATURE: ~! ~ L Applicant __ Attorney/agent ~
3(If not owner or owner's attorney, enclose proof of authority)
USE
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other
F: \WpOPQ\pilgrim\ZBA APP. doc
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LEGEND
_ . _ . - DENOTES EXISTING EDGE OF LAWN
-..-..-..-...... DENOTES COASTAL DUNE. FlAGGED BY ENSR
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DENOTES APPROX. LOW TIDE, 1O-24-01....1:25PM
DENOTES APPROX. EDGE OF EEL GRASS
DENOTES APPROX. EDGE OF BEACH GRASS
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LOT 14-
CERT NO. 16225
4,J-ff5
N/F
ANATHAN FAUILY TRUsr
4,J-~9.2
N F
SIXTY-SIX ONOMOY ROAD
NOMINEE TRUsr
CERT NO. 16225
LCPL 1J219E
LOT 15
43- ff 0
N/F
ERNSJ; ROGER &: JEAN
OWNERS REF:
GARY & RUTH PILGRIM
CERT.# 18,121
LCPL: 1 J219-E
DEED: 699-226
PLAN: PLAN NO. 01-2J
ZONING: LUG 1
G.C.P. 5.6%:f:
EXISTING CONDITIONS PLAN
64 MONOMOY ROAD
NANTUCKET MA.
PREPARED FOR: GARY AND RUTH PILGRIM
SCALE: 1"; 80 DATE: FEBRUARY 15, 2002
MAP/PARCEL: 43-109.1 CERT. OF TITLE: 18121
BLACKWELL and ASSOCIATES, Inc.
Professional Land Surveyors
20 TEASDALE CIRCLE
NANTUCKET, MASS. 02554
(508) 228-9026
CURRENT ZONING CLASSIFICATION:
Limited Use General 1 (L.U.G.-1)
MINIMUM LOT SIZE:
MINIMUM FRONTAGE:
FRONT YARD SETBACK:
REAR/SIDE SETBACK:
GROUND COVER %:
40,000 S.F.
100 FT.
35 FT.
10 FT.
7%
'3 'I"':J
ASSESSOR'S MAP43, PARCEL 109.1
8-577J
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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
F" .- (J-
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.~'~ ..../-
DEP File Number:
SE48-1596
Provided by DEP
A. General Information
From:
~Ved & Entlilred -.......
. )..;;).\ \ ~C03 Time:.2. J.::,
Date. 0 D' 'ct
Nantucket Registry Istrq I (
Document No. ) 00 ~O
Gart of Title No. I R \ ;::}.. \
Joanne L. KeH9Y
~istam Recmder
Nantucket Conservation Commission
Conservation Commission
This issuance if for (check one):
~&E"*M .d5"YO~
0.: OJ 20(J3 Trme: d~
with Nantucket County t::>MdI
9ook; '60'-1 p~; 231
Joan.. L. K6iley
R-ei3ler Qf o.eds
~ Order of Conditions
D Amended Order of Conditions
To: Applicant:
Gary L. and Ruth E. Pilgrim
Name
121 Mine Road
Mailing Address
Malvern
CityfTown
Property Owner (if different from applicant):
same
Name
Mailing Address
PA
State
19355
Zip Code
CityfTown
State
Zip Code
1. Project Location:
64 Monomoy Road
Street Address
43
Assessors Map/Plat Number
Nantucket
CityfTown
109.1/ lots 13 and 16
Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Nantucket
County
18,121
Certificate (if registered land)
699
Book
13219-E PI NO.01-23
Land Court Plan
226
Page
3. Dates:
January 24, 2003
Date Notice of Intent Filed
February 19, 2003
Date Public Hearing Closed
February 21, 2003
Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
Proposed Pier Modification at 64 Monomoy Road as revised
Title
Existing Conditions Plan to Accompany a Notice of Intent
Title
Feb. 7,2003
Date
Jan22,2003
Date
The Notice of Intent, Jan. 2003, and the Letter from Pamela Neubert dated Feb.13, 03
Title Date
5. Final Plans and Documents Signed and Stamped by:
Peter Sullivan
Name
6. Total Fee:
$ 664.00
(from Appendix B: Wetland Fee Transmittal Form)
~
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:
SE48-1596
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:
0 Public Water Supply ~ Land Containing Shellfish 0 Prevention of Pollution
0 Private Water Supply ~ Fisheries ~ Protection of Wildlife Habitat
0 Groundwater Supply ~ Storm Damage Prevention ~ Flood Control
~ Recreation (Bylaw) ~ Erosion and Sediment (Bylaw) ~ Wildlife (Bylaw)
~ Wetland Scenic View (Bylaw) ~ Protection of Wildlife Habitat (Bylaw)
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
~ 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 NoJtice 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. 2/19/03
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, S40
And the Town of Nantucket Bylaw Chapter 136
DEP File Number.
SE48-1596
Provided by DEP
B. Findings (cant.)
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 SE48-1596
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. 2/19/03
Page 3 of9
111
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
OEP File: ~Jumr~(;c
SE48-1596
Provided by DEP
B. Findings (cant.)
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.
?lei3_~~r<=fe rence attac~~_cLfi nd i ng~90_g_;::ld d ition~~n_d itions __
Findings as to municipal bylaw or ordinance
Furthermore, the Nantucket Conservation Commission
Conservation Commission
hereby finds (check one that applies):
o 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 Nantuc:.~~~E3Jl~"",-_ _~_
MuniCipal Ordinance or Bylaw
_ ___~~ap~E3 r 1l~___ _._ _
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 2/19/03
Page 4 of9
-.
~
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
SE48-1596
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:
[gj 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.
[gj 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.
[gj 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)
D 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.
[gj 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.
[gj 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.
[g] 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.
Wpafonn5.doc' rev. 2119/03 Page 5 of 9
ILi,.~,~,__H_...,.
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. /'~~
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
SE48-1596
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.
~ 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.
D 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. There shall be at 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.
D 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.
D 12. 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.
~ 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.
~ 14. This Order of Conditions shall apply to any successor in interest or successor in
control of the property.
[gJ 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.
~ 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.
~ 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. 2/19/03 Page 6 of 5
FINDINGS and ADDITIONAL CONDITIONS
Gary and Ruth Pilgrim
DEP FILE NUMBER SE48-1596
ASSESSOR'S MAP 43, PARCEL 109.1
64 Monomoy Road
UNDER THE MASSACHUSETIS 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 replacement of 280 linear feet of
existing pier decking with new decking, the removal of 52 feet of existing pier and
replacement with a float system. No waivers are required.
FINDINGS
1. Applicant Names Gary and Ruth Pilgrim DEP File Number SE48-1596.
2. This Order of Conditions is being issued based upon strict accordance with the
information submitted in the Notice of Intent dated 1/23/2003 and the Plan of Record
dated as revised 2/7/2003 and stamped by Peter Sullivan and the Existing Conditions
plan dated 2/22/03 and stamped by Leo Asadoorian.
3. Areas subject to protection/regulation are coastal dune. land subject to coastal storm
flowage, land under the ocean, land containing shellfish and their buffer zones:
4. This Order is in accordance with a vote by the Nantucket Conservation Commission
to close the public hearing on 2/19/2003 and a vote to issue Orders taken by the
Commission on 2/19/2003.
5. This Order permits the replacement of280 linear feet of existing pier decking with
new decking, the removal of 52 feet of existing pier and replacement with a float
system.
6. A waiver is not required as the project is deemed water dependent.
In addition to the above referenced GENERAL CONDITIONS the Commission has
found it necessary to include the following Additional 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 work shall be done in accordance with the Project ?\arrative attached to the "\'otice
ofIntent.
19. Replacement decking for the pier shall be cut in a work area in excess of 50'
landward from the existing pier and hand carried to the pier for installation.
20. No work on the pier or float shall commence after February 15th of any calendar year
or before September 15th of any calendar year without the written permission of the
Marine Department. Such written permission shall be provided to the Conservation
Commission prior to the start of work.
21. Modification to the tloat design shall be made in accordance with the letter from
ENSR dated 2/13/03 provided by the applicant.
22. Ongoing monitoring of eelgrass and shellfish habitats shall be done in accordance
with the letter from ENSR dated 2/13103 provided by the applicant. Monitoring
reports shall be provided to the Conservation Commission and Marine Department by
August 29th, 2003. If adverse impacts to eelgrass or shellfish habitats have occurred
as a result of the project as permitted and its ongoing use, the applicant, after review
and approval by the Commission and Marine Department staff, will implement
necessary mitigation measures and file for any and all permits deemed necessary.
WAIVERS UNDER THE NANTUCKET WETLANDS BYLA \V/REGULA TIONS:
No waivers are required for the project as permitted by this Order.
~
~l
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
SE48-1596
Provided by DEP
B. Findings (cant.)
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.
February 21, 2003
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:
Peter Hull
Clark Whitcomb
On 19th
Day
Of February 2003
Month and Year
before me personally appeared
The Above Commissioners
~"",tt~~~l.~"~~~".ts? me known to be the person described in and who executed the foregoing instrument and acknowledged
~~(i'. :,:,:,/ .I':ili"~ he/s e executed the same as his/her free act and deed.
! .:'''~W~ .,~<~o;<J' .%./
~*: ~" ," ~:' / . . ~ August 8, 2008
i : ~ !~ ,~~t ry Public Michelle J. Roberts My Commission Expires
~.... ~..... .. .
~ 1--r- .~"'(jSE1<\ ~ 'J'l$ Order IS Issued to the applicant as follows:
~v>- ... ~,,::;;
Ifll/.' "lRy pu'O ,,~., rVl .
l'IIIl!II!I!l\\\\'\\\ 16I by hand delivery on
o by certified mail, return receipt requested, on
February 21, 2003
Date
Date
Wpaf0n115.doc' rev. 2/19/03
Page 7 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, S40
And the Town of Nantucket Bylaw Chapter 136
DEP File Number
SE48-1596
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 1003(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, ~ 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
WpaformS.doc' rev. 2119/03
Page 8 c~ S
~
Wl
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
SE48-1596
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
WpaformSdoc. rev. 2/19/03
Page 9 of 9
.~
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 Information
1. Person or party making request (if appropriate, name the citizen group's representative):
Name
Mailing Address
Cityrrown
State
Zip Code
Phone Number
Fax Number (if applicable)
Project Location
Mailing Address
Cityrrown
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
Cityrrown
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):
o 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
wpaform5doc. Appendix E . rev. 2/19/03
Page 1 of 2
-~
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WP A 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. 2/19/03
Page 2 of2
~\
UV
TOWN OF NANTUCKET
ZONfNG BOARD OF APPEALS
BOAR~~fEIVED
ASSESSORS
,MAR 1 4 2003
NAN~~~~g=
,MA
LIST OF PARTIES IN INTEREST IN TI-IE MATTER OF TI-IE PETITION OF
PROPERTY OWNER:..b4!J-...~:..r'.'.!.1.n~.......~..~~....~,...'P t' (3 fl'!)'!
MAl LfN GAD D RES S:.............. ...... ................................... ........................... . .
PROPERTY LOCA TION:.(P~........~9.np.m~.y.....'].9..~d....... ..... ..............
ASSESSO RS MAP/P ARCEL:.... .1.3..::....I.Q.9.~.L.................. ... ...... .... .............
S.'UsMITTED By:]ead.c",-..6.~~k~~.t..~J~....4...0.: f&r.d) uP
SEE ATTACHED PAGES
I certify that the foregoing is ;:: list of persor.s who are owners of abuning properw, Q\\ncs Of '2.:'.:::
directly opposite on any public or private streel or way; and abuners of the abuners and all air.::'
land O\\l1ers within three hundred feet of the property line of owner' s property, all 2 s the) 2. PP::2:
on the most recent applicable tax list. (M.GL. c. LlOA, Section 11 Zoning Code Ch2pter 1:;9
Section 139-29D (2) )
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