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Home My WebLink About030-13 105 Eel Point RoadVTAIIGHAN, DALE, HUNTER AND BEAUDETTE HAND DELIVERY Edward S. Toole, Chairman Nantucket Board of Appeals Town Building Annex Two Fairgrounds Road Nantucket, Massachusetts 02554 RE: Margaret Cunningham, Trustee of 105 Eel Point Road Trust 105 Eel Point Road Nantucket. Massachusetts 02554 Dear Chairman Toole: Bo -13 RECEIVED 2013 0191 24 FM 1 32 NANTUCKET TOWN CLERK On behalf of my client, Margaret Cunningham, Trustee, enclosed for filing is an Application for a Special Permit or, in the alterative, a Variance to permit my client to relocate her house at 105 Eel Point Road, Nantucket, Massachusetts 02554 to avoid the perils of erosion. Such house relocation will result in side line setback distances which are less than the required ten foot minimum side line setback distances for lots of record, like this one. Also enclosed are a certified list of abutters, mailing labels, supplementary plans, an Order of Conditions, a filing fee check for $300.00 made payable to the Town of Nantucket and four (4) copies of the Application. rESSION CORPORATION P U ATToBN AT LAW WHAZHM'S LASS EDwA ForerVAuoses P.O.Boseee Ks F.DA NAHlm=,MASSACauserisoessn WDa RHrsTSa EicsesDP.BSArnims xm:lsoelzze -ws3 _ PASISC8122 &30'10 Loml)T u April 16, 2013 HAND DELIVERY Edward S. Toole, Chairman Nantucket Board of Appeals Town Building Annex Two Fairgrounds Road Nantucket, Massachusetts 02554 RE: Margaret Cunningham, Trustee of 105 Eel Point Road Trust 105 Eel Point Road Nantucket. Massachusetts 02554 Dear Chairman Toole: Bo -13 RECEIVED 2013 0191 24 FM 1 32 NANTUCKET TOWN CLERK On behalf of my client, Margaret Cunningham, Trustee, enclosed for filing is an Application for a Special Permit or, in the alterative, a Variance to permit my client to relocate her house at 105 Eel Point Road, Nantucket, Massachusetts 02554 to avoid the perils of erosion. Such house relocation will result in side line setback distances which are less than the required ten foot minimum side line setback distances for lots of record, like this one. Also enclosed are a certified list of abutters, mailing labels, supplementary plans, an Order of Conditions, a filing fee check for $300.00 made payable to the Town of Nantucket and four (4) copies of the Application. Edward S. Toole, Chairman April 16, 2013 Page 2 of 2 Please mark this matter for hearing before the Board of Appeals on May 9, 2013. Thank you for your help. Sincerely, KFD /mein Enc. cc: Mrs. Margaret Cunningham Elizabeth Braudis, Attorney Dan Molloy, Site Design Engineering TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. OW I' Owner's name(s): Margaret T. Cunningham, Trustee of 105 Eel Point Trust Mailing address: Go Elizabeth Braudis, 101 Arch Street, Boston, MA 02110 Phone Number. 617 -423 -3900 E -Mail: ebraudis@fdcco.com Applicant's name(s): same Mailing Address: Phone Number: E -Mail: Locus Address: 105 Eel Point Road Assessor's Map/Parcel: 32/5 land Cou Plan /Plan Book & Page /Plan File No.: Lot 16, L.C. Plan No. 13887 -R Deed Reference /Certificate of Title: 21234 Zoning District LUG -2 Uses on Lot- Commercial; None x yes (describe) Rcmdential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre-date 7/72 No or Building Permit Numbers: Previous Zoning Board Application Numbers: 2 Faisgmun&Road Nantucket Masaachusem 02554 508 -228 -7275 telephone 508 - 228 -7298 krc nnile alrmlsae366ZLrSMZ 05 auugdalax RU-SZZ-SOS 45520 euaenga....K JaAm .x peall ap --&T -a z M1ff:p*m. W1` /FXA. P-ID °m°Z /°`pfia M19V a apgq D E:lg anQ oolsciaa K-4/0-omexpgllM FA/m'/Em panuuu°D 4M /M: uo pauadp / i/ mo pPV (s)&FMH TP. ''B w/ /F^PBI a�--rj— pal!eY1 / �1�V°'iOZ_9+Pn Paisod aauou 8upaaH IN/m/MP -4—o R :paisanbox »Ale& UII /'/':»mseaxy omoy gxuu p 1podap aad :.fg. —�/ :1daQ 8utpgng /— / —:p »og 8onnteld —rr�IJ um °Z 9x?m PaP3 :sa�do�paaN �S,s�- �'- ,:axaldwo� - .ig �/��uo paeraaax aogeagddy IVINO FISII a3ititIO 6oua8e3o 3oord pao8xs a apxnoxd aseald `IUwxlddy acp xo »ump axp 8 msaxdu W. Iua8v °e IIx aglbs3'ale4 d uma)4 .4uaSV /6amouV /xueat(ddy :a fl LvmfJIS l aff'�olly xay ,(g sraum0 aalsnil'weyBuluun'j '1Ia�eBieyl :�I(1ZyNxJIS AmLl d jo sapleuad pm sided axp xapun'a8palmourj Amp isaq aqI oI anxi pue aialdwoo /.11euuslsgxvs si ma»q pautmu°o uouemxolus aqi Imp 4. I V. wnpuappy payoeue oag ,Iaa; (,p l) ual ueyl ssal "oeq las pieA spis Buiwjo;uoo-uou ylim lol ayl uo asnoy 6ullslxe 941 j uolleoolai ayl l!wiad of met -6g ayl l° ZE-6f L uo.loag of luensmd aoueuen e'angewalje ayl ui 'xo mel -AS ayl ;o (q)y££-6£L uolloag of luenwnd lluuad leioadg a Baas lueollddy ayl :xo3 8mdldde Iagax muure xo slluuad lenads ogoads Io umpuappe aiendas a gash¢ xo molaq aa% ADDENDUM "A" The Applicant, Margaret T. Cunningham, Trustee of the 105 Eel Point Road Trust uld/t dated December 30, 2003 and registered as Document No. 107199 at the Nantucket Registry District ( "Cunningham") is the owner of the improved land located at 105 Eel Point Road, Nantucket, Massachusetts 02554 shown as Lot 18 on Land Court Plan No. 13887 -R filed with Certificate of Title No. 6066 at the Nantucket Registry District ( "Cunningham Land "). The northerly side of the existing house on the Cunningham Land is approximately seventeen (17') feet from the coastal bank, at its closest point, and is in imminent danger of destruction from the eroding bank and the fury of the North Atlantic Ocean. Cunningham asks the Board of Appeals to grant her a Special Permit pursuant to Section 139- 33A(4) of the By -Law or, in the alternative, a Variance pursuant to Section 139 -32 of the By -Law to relocate her existing house approximately sixty -one (61') feet to the south on the Cunningham Land. After the house is relocated, it will have a westerly side yard setback distance of approximately five (5) feet and an easterly set back distance of 5.6' feet at its closest point. The minimum required side line set back distance for pre- existing, non - conforming lots located in the LUG -2 Zoning District, like this one, is ten (10') feet. The Cunningham Land is a pre- existing, non - conforming lot created in 1970. The lot has an area of 21,476 sq. ft., frontage on Eel Point Road of 35.55 feet; and a ground cover ratio of 7.45 %. The Cunningham Land is located in the LUG -2 Zoning District and the intensity regulations for this District require a minimum lot size of 80,000 sq. ft., minimum frontage of 150 feet, and minimum side and rear set back distances of ten (101) feet for lots of record. In addition, the shape and topography of the Cunningham Lot is unique and different from other lots in this LUG -2 Zoning District and destruction of the existing house from the forces of erosion and the Atlantic Ocean will cause Cunningham significant hardship if the house is not relocated as requested. The erosion threat to the Cunningham house is confirmed and established by the Nantucket Conservation Commission Order of Conditions No. SE48 -2545. Furthermore, there is no feasible alternative to relocating the existing house on the Cunningham Land without the reduced side yard setback distances given the peculiar narrow and "funnel' shape of the lot. In these circumstances, either a Special Permit pursuant to Section 139 -33A or a Variance pursuant to Section 139 -32 of the By -Law is warranted and Cunningham asks the Board to grant to her the requested relief to relocate her house with reduced side yard setback distances as shown on the submitted plans. Town of Nantucket Zoning Board of Anneals RECEIVED BOARD OF ASSESSORS MAR 2 9 2013 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER ....................................... Margaret T. Cunningham, Trustee ............................... MAII.ING ADDRESS ......... ct, th o . ston, A 02110 101 ... Ar ...h ... S ..... re et ..... 16 .... Floor, ....... . B . ....... M ..................... PROPERTY LOCATION .... 105 ..... Ee ... l ... Point ..... Road ............... ............................... ASSESSOR MAP / PARCEL-3. 2: 5 ........................ ............................... SUBMITTED BY ......... . Kevin F. Dale, Esquire .............................. SEE ATTACHED PAGES I certify that the foregoing is a list of all persons 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 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B (2) DATS ASSESSOR'S OF ICE TOWN OF NANTUCKET � % S \ 0f kr) [§ § ) § / . ■ ; §,§� \§\j \ §\ ) § / / ! ) §�j\ ) § / Easy Peel® Labels I ♦ Bend along line to AVERY® 5160 Uae Awry®T"lata 5160® i read Paper � expose Pop -up Edge°^ AL Ira H. Pastan, Trustee Michael V. Jobson Margaret T. Cunningham, Trustee c/o Elizabeth Bmudis Eel Point Road Realty Trust 11710 Beadle Mountain Road 40 Wayside Place Montclair, NJ 07042 Foster Dykema Cabot William J. Welsh and Denise C. CMDM, LLC Boston, MA 02110 Potomac, MD 20854 c/o Tinicum Enterprises 990 Stewart Avenue, #580 Inc. P.O. Box 1359 William J. Welsh and Denise C. CMDM, LLC Linda Loring Nature Foundation, Welsh c/o Tinicurn Enterprises 990 Stewart Avenue, #580 Inc. P.O. Box 1359 1088 Park Avenue, #11A New York, NY 10128 Garden City, MY 11530 Nantucket, MA 02554 Linda Loring P.O. Box 1359 Nantucket, MA 02554 t tO3 EvIL jas EP0. Ira H. Pastan, Trustee Michael V. Jobson George Stephens, Jr., Trustee Elizabeth Bmudis Eel Point Road Realty Trust 11710 Beadle Mountain Road 40 Wayside Place Montclair, NJ 07042 c/o Foster Dykema Cabot Co. Potomac, MD 20854 Boston, MA 02110 William J. Welsh and Denise C. CMDM, LLC Linda Loring Nature Foundation, Welsh 1088 Park Avenue, #11A c/o Tinicum Enterprises 990 Stewart Avenue, #580 Inc. P.O. Box 1359 New York, NY 10128 Garden City, MY 11530 Nantucket, MA 02554 Linda Loring P.O. Box 1359 Nantucket, MA 02554 6 tiquettes faciles a peler A Repliez h is hachure afn de wwmavery.corn Utilisez le gabarit AVERY ®5160® chaergemant revelerp rebord POwp"rJ 1- 800 -GO -AVERY Easy Peel® Labels • send along line to ® A VEMM SIM& _ Lim Awry® Template 51600 j Feed Paper expesa Pop -up Edge° Ira H. Pastan, Trustee Michael V. Johson Margaret T. Cimningham, Trustee Eel Point Road Realty Trust 40 Wayside Place c/o Elizabeth Braudis 11710 Bealle Mountain Road Montclair, NJ 07042 Foster Dykema Cabot Potomac, MD 20854 Boston, MA 02110 William J. Welsh and Denise C. CMDM, LLC Linda Loring Nature Foundation, Welsh c/o Tinicum Enterprises Inc. 1088 Park Avenue, #11A 990 Stewart Avenue, #580 P.O. Box 1359 New York, NY 10128 Garden City, MY 11530 Nantucket, MA 02554 Linda Loring P.O. Box 1359 Nantucket, MA 02554 1 101 EP R 1o5 EP R �r Ira H. Pastan, Trustee Michael V. Jolson George Stephens, Jr., Trustee Eel Point Road Realty Trust 40 Wayside Place c/o Elizabeth Braudis 11710 Bealle Mountain Road Montclair, NJ 07042 Foster Dykema Cabot Co. Potomac, MD 20854 Boston, MA 02110 William J. Welsh and Denise C. CMDM, LLC Linda Loring Nature Foundation, Welsh c/o Tinicum Enterprises Inc. 1088 Park Avenue, #11A 990 Stewart Avenue, #580 P.O. Box 1359 New York, NY 10128 Garden City, MY 11530 Nantucket, MA 02554 Linda Loring P.O. Box 1359 Nantucket, MA 02554 f tiquettes faciles a peler A Repliez h is hachure aiin de w .averywm Utilisez le gabarit AVERV®5960® J chargement reveler le reboal POp -.P— t -BONGO -AVERY 140794 ORIGINAL Can: 21234 Doc: DOC Registered'. 041121'2013 03:38 PM Nantucket __ - -- 7. From: conservation Cameron — z. This Issuance is for (check one): a. ®Order of Conditions b. E] Amended Order of Conditions 3. To Applicant FJtra6etpA. /Llary �- C#gft5`ie,,�, a. Feat Name b. Lari Name f 105 Eel Point Road Trust a Ciganl ion Foster Dykema Cabot 101 Arch Street d. MailiWA d.. Boston MA 02110 a. CityRown 7, state g. zip Code 4. Property Owner (if different from applicant): Same as applicant a. Flat Name f.3 g. Zip Code 5. Project Location 105 Eel Point Road Nantucket T street Address b. Cdya.n 32 5 c. Assessors Map?tat Numbar d. PeiceVLOt Number Latitude and Longitude, if known: tl m s d m s 9 d. Latitude e.lagMWe .�wbmcaor. aocM10 ns+an Massachusetts Department of Environmental Protection Prwlded by ManDER Bureau of Resource Protection - Wetlands E46 -2 545 NO WPA Form 5 - Order of Conditions Nam;DE Floe Massachusetts Wetlands Protection Act M.G.L. a 131, §40 e08P Transatdm♦ And the Town of Nantucket Wetlands Bylaw Chapter 136 Nantucket Nantucket __ - -- 7. From: conservation Cameron — z. This Issuance is for (check one): a. ®Order of Conditions b. E] Amended Order of Conditions 3. To Applicant FJtra6etpA. /Llary �- C#gft5`ie,,�, a. Feat Name b. Lari Name f 105 Eel Point Road Trust a Ciganl ion Foster Dykema Cabot 101 Arch Street d. MailiWA d.. Boston MA 02110 a. CityRown 7, state g. zip Code 4. Property Owner (if different from applicant): Same as applicant a. Flat Name f.3 g. Zip Code 5. Project Location 105 Eel Point Road Nantucket T street Address b. Cdya.n 32 5 c. Assessors Map?tat Numbar d. PeiceVLOt Number Latitude and Longitude, if known: tl m s d m s 9 d. Latitude e.lagMWe .�wbmcaor. aocM10 ns+an 140794 A. General Information (cons.) Massachusetts Department of Environmental Protection Provided by MassDEP: one parcel): Bureau of Resource Protection - Wetlands SP_4a254s 101 WPA Form 5 — Order of Conditions MoneDEP Fib % Q Book Massachusetts Wetlands Protection Act M.G.L. a 131, §40 eDEP Transaction% 31202013 4132013 And the Town of Nantucket Wetlands Bylaw Chapter 136 Nantucket e. Final Approved Plans and Other Documents (attach additional plan or document references A. General Information (cons.) 6. Property recorded at the Registry of Deeds for (attach additional information If more than one parcel): Nantucket 21234 a. County b. Certificate Number (a registered rand) Q Book d. —Page 2/152013 31202013 4132013 7. Dates: a. Date Notice of Intern Find b. Date Puaic Meartng Closed C. Data of l"Mue e. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan a. Plan Title Site Design Engineering, Inc. _ _ _Daniel C Mulloy P.E. b, Prepand! By c. Signed and Stamped by 2/152013 _ _ _ _ _ 1 ^ =20' d. Final Revision Data e. scale f. Additional Plan or Owam,ent Tile 9. Dead, 1. Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the above - referenced Notice of Intent and based an 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 (the Act). Check all that apply: a. ❑ Public Water Supply b. ® Land Containing Shellfish ° ® Prevention of Pollution d. ❑ Private Water Supply e. ®Fisheries f. ® Protection of Wildlife Habitat p. ❑ Groundwater Supply h. ® Storm Damage Prevention I. ® Flood Control I. ® Welland Scenic Yews (bylaw) k. ® Recreation (Bylaw) 2. This Commission hereby finds the project, as proposed, is: (check are of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. 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. .,a Paa.2a12 140794 B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and unfil a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. r< ❑ 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 Ad'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). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(3) a. linter Feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank e. lioearke b. linear feet clinearhet J. inewfmt s. ❑ Bordering Vegetated Wetland a. square feet b. so. feet c. square fee d. aqum feet s. ❑ Land Under Waterbodies and a. aqua feet b. agave feet c. aquae fee d. square feel Waterways e. dy drel ed tdy dredge! T. ❑ Bordering Land Subject to Flooding a. square feet b. square fee c square ke d. aquae fate Cubic Feel Flood Storage e. cab. feet t..A* be 9. cub.fee h. rabic het 8. ❑ Isolated Land Subject to Flooding a. square feet b. squat had Cubic Feet Flood Storage c cub. be d. cub. feet e. wbic feet f. abicfee 9. ❑ Riverfront Area a total -Sq. bet b. bbl $4. feat Sq it within 10011 a feet d agave feet e. square bet T94-- feet Sq it between 100. _ 200 R 9. square feel h. aquae fat L aqua het Taqua- feet .y#oi, •ro.. -mm+q new3a12 Department of Environmental Protection Provided by MassDF3: Bureau of Resource Protection - Wetlands SE4$-2546 NOMassachusetts WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Tranasew a And the Town of Nantucket Wetlands Bylaw Chapter 136 Nantucket Cib,rr. B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and unfil a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. r< ❑ 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 Ad'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). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(3) a. linter Feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank e. lioearke b. linear feet clinearhet J. inewfmt s. ❑ Bordering Vegetated Wetland a. square feet b. so. feet c. square fee d. aqum feet s. ❑ Land Under Waterbodies and a. aqua feet b. agave feet c. aquae fee d. square feel Waterways e. dy drel ed tdy dredge! T. ❑ Bordering Land Subject to Flooding a. square feet b. square fee c square ke d. aquae fate Cubic Feel Flood Storage e. cab. feet t..A* be 9. cub.fee h. rabic het 8. ❑ Isolated Land Subject to Flooding a. square feet b. squat had Cubic Feet Flood Storage c cub. be d. cub. feet e. wbic feet f. abicfee 9. ❑ Riverfront Area a total -Sq. bet b. bbl $4. feat Sq it within 10011 a feet d agave feet e. square bet T94-- feet Sq it between 100. _ 200 R 9. square feel h. aquae fat L aqua het Taqua- feet .y#oi, •ro.. -mm+q new3a12 140794 B. Findings (cunt.) Massachusetts Department of Environmental Protection tl 5y MOEP � 8-av Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Bureau of Resource Protection - Wetlands SE4 t 546 FLO WPA Form 5 - Order of Conditions Ma. MaeaDEP Fife a Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eoEPTrensamon8 10. And the Town of Nantucket Wetlands Bylaw Chapter 136 - Nantucket _ under Land Under the Ocean, below CJ n. B. Findings (cunt.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a. square fee b. squaw fear c. dy dredged d. dy dredged ❑ Banner Beaches Indicate sae under Coastal Beaches and /or Coastal Dunes 12. below ® Coastal Beaches 1500 1500 150 w yd 150 w yd 13' a, square feet b. apuare feet c. neudehment d. nmw n ent 14. ❑ Coastal Dunes w yd w yd e.squamf b.squarefeet c. nourishment d. nourishment 15. ❑ Coastal Banks a.hnearfaer b. Ilnearfee 16. ❑ Rocky Intertidal Shores a. square leaf b. square Wit 11. ❑ Salt Marshes e. square rest b. square het c. square feet d. square reel 19. ❑ Land Under Salt Ponds a. square feet b. square feet c. dy dmdgad d fly dredged 1s. ❑ Land Containing Shellfish a. squam feat b. square feet C. square feel d. square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and /or inland Land Under Waterbodies and Waterways, above a. fly drsdpsd b. dy d dWd 21. ® Land Subjed to 1500 1500 Coastal Storm a. square fee b. square fast Flowage .c�mse><• m. mrumlo roaaa 140794 22. ❑ Restoration/Enhancement': a. square feet orevi b. square feet of sar march 23. ❑ Stream Crossing(s): a. numbtt drew steam crossings h. number of rapM,sment stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are 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 pennittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 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 dale 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 maybe 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. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 41M016 unless extended in writing by the Department 7. 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. 8. 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. .svwms.a:.�...avva»o vp.sarz Massachusetts Department of Environmental Protection P.ided by W.DFR Bureau of Resource Protection - Wetlands SE48 -2546 MassDEP File t WPA Form 5 -Order of Conditions Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 i)EPTraneadbna And the Toxin of Nantucket Wetlands Bylaw Chapter 136 Nantucket Crryrtown B. Findings (cont.) 22. ❑ Restoration/Enhancement': a. square feet orevi b. square feet of sar march 23. ❑ Stream Crossing(s): a. numbtt drew steam crossings h. number of rapM,sment stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are 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 pennittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 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 dale 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 maybe 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. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 41M016 unless extended in writing by the Department 7. 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. 8. 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. .svwms.a:.�...avva»o vp.sarz 140794 9. No work shall be undertaken until the Order has become final and than 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 the 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. 10. 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,'MassDEP'] "File Number SE48 -2546 - ' 11. 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission, 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in wril whether the change is significant enough to require the fling of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the night to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the condition stated In this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. 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. 17. Pdor to the start of work and if the project involves work adjacent to a Bordering Vegetated Welland, 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. �.- m...1. r48er12 Massachusetts Department of Environmental Protection ProvlCed by Mn90EP: Bureau of Resource Protection - Wetlands SE4 8-2546 WPA Form 5 - Order of Conditions M DEP File p Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ODE P Tranaectiaat And the Town of Nantucket Wetlands Bylaw Chapter 136 Nantucket c4yrravm C. General Conditions Under Massachusetts Wetlands Protection Act (cons 9. No work shall be undertaken until the Order has become final and than 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 the 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. 10. 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,'MassDEP'] "File Number SE48 -2546 - ' 11. 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission, 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in wril whether the change is significant enough to require the fling of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the night to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the condition stated In this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. 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. 17. Pdor to the start of work and if the project involves work adjacent to a Bordering Vegetated Welland, 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. �.- m...1. r48er12 140794 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 Wetlands Bylaw Chapter 136 Prvvitled by MascpEP SE48 -2646 Massl File S aDEP Tr3n8iC4on S Nantucket 18. 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order (the "Project ") Is (1) ❑ is not (2) ® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Eilminabon System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain In place until the site is fully stabilized. b) No stormwater runoff may be discharged to the postconstmcion stormwater BMPs unless and untll a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and /or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Slormwater Standard 10; iv. all post - construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post - construction BMPs is suitably established to withstand erosion. w.wms.a�. re.. axueao v�r.ra�z 140794 c) The landowner is responsible for BMP maintenance until the Issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance , or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ( 'O &M Statement) for the StDrmwater BMPs identifying the party responsible for implementing the stornwater BMP Operation and Maintenance Plan ("O&M Plan') and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and k.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post - construction pollution prevention and source control shall be implemented in accordance with the long -tern pollution prevention plan section of the approved Stomnwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi- Sector General Permit e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a pernittee for purposes of impkmenfing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stornwater BMPs that are serving more than one lot, the legally binding agreement shall also Identify the lots that will be serviced by the stornwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. 0 The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stonnwater Handbook. .mrymse>;. re...1. r 8012 Massachusetts Department of Environmental Protection Provided by MacsDEP: Bureau of Resource Protection -Wetlands SE48 -2546 N WPA Form 5 - Order of Conditions 1A.SWEP 9le0 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTraesarll- And the Town of Nantucket Wetlands Bylaw Chapter 136 Nantucket cilyrrewn C. General Conditions Under Massachusetts Wetlands Protection Act (cunt.) c) The landowner is responsible for BMP maintenance until the Issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance , or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ( 'O &M Statement) for the StDrmwater BMPs identifying the party responsible for implementing the stornwater BMP Operation and Maintenance Plan ("O&M Plan') and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and k.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post - construction pollution prevention and source control shall be implemented in accordance with the long -tern pollution prevention plan section of the approved Stomnwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi- Sector General Permit e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a pernittee for purposes of impkmenfing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stornwater BMPs that are serving more than one lot, the legally binding agreement shall also Identify the lots that will be serviced by the stornwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. 0 The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stonnwater Handbook. .mrymse>;. re...1. r 8012 140794 Massachusetts Department of Environmental Protection Provided by M=DEP: Bureau of Resource Protection - Wetlands SE46 -2546 MassDEP Fill M WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP nrax d # And the Town of Nantucket Wetlands Bylaw Chapter 136 Nantucket cdyrrowh general Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible parry shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and /or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ('Commission") upon request; and & Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O &M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater SMPs shall be disposed of in accordance with all applicable federal; stale, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stonnwaler Handbook, volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prorwritten approval of the issuing authority. I) Access for maintenance, repair, and /or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six Inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): �.d --..'m ` SM 1z 140794 Municipal Wetlands Bylaw or 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Nantucket hereby finds (check one that applies): conservation Camrteasion a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Munippal Odinan¢ or Bylr 2. 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. b. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: 1. Municipal 0olioanm or Bylaw 2. Citation The Commission orders that all work shall be performed in accordance with the following 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. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): Please view additional findings and conditions page(s) _ Massachusetts Department of Environmental Protection Pmvde by MaasDEP: Bureau of Resource Protection - Wetlands SE48 -2546 _ MassDEP Fik Y NO WPA Form 5 -Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransechon• And the Town of Nantucket Wetlands Bylaw Chapter 136 Nantucket Municipal Wetlands Bylaw or 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Nantucket hereby finds (check one that applies): conservation Camrteasion a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Munippal Odinan¢ or Bylr 2. 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. b. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: 1. Municipal 0olioanm or Bylaw 2. Citation The Commission orders that all work shall be performed in accordance with the following 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. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): Please view additional findings and conditions page(s) _ 140794 Town of Nantucket, Massachusetts DEP Fib N.M n WPA Form 5 — Order of Conditions SE48 -2546 _ ± „ The Town of Nantucket Bylaw Chapter 136 Provided by DEP 137. Additional Conditions 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: ® 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. E 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. ® 3. The landowner, applicant, andfor 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.) ® 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. 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 unfil 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 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 composhion; 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. ® 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. E 7. The applicant, owners, successors, or assignees shall be responsible for maintaining any on -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, sihation, sedimentation, chemical contamination, or other detrimental impact to any on -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. pe5C9 W�IwmS axm. VM13 140794 Town of Nantucket, Massachusetts DEP Fib Number. WPA Form 5 — Order of Conditions SE48 -2546 The Town of Nantucket Bylaw Chapter 136 Pmwed by DEP B1. Additional Conditions (cont.) ® 8. This document shall be included in alt 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 pernittee 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 pmject completion, weather pennitting, 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, unless otherwise specified by this Order. This shall be an ongoing Condition that shall survive the expiration of this permit and shall be so noted on the Certificate of Compliance. ® 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 bean ongoing Condition that shall survive the expiration of this permit, and shall be so noted on the Certificate of Compliance. ® 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 unless otherwise specified in this Order. This shall be an ongoing Condition that shall survive the expiration of this permit and shall be w 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 was 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. ® 15. No underground petroleum product storage tanks am allowed within 100 feet of any "tend 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, MINH, 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. NpMn6.4xm.MM1] Vge6d9 140794 FINDINGS and ADDITIONAL CONDITIONS Massachusetts Wetlands Protection Act (MGL Chapter 131, Section 40) Town of Nantucket Wetlands Bylaw (Chapter 136) Address: 105 Eel Point Road Assessor's Map and Parcel: 32 -5 Property Owner: Elizabeth A. Bmudis, Trustee Applicant: 105 Eel Point Road Trust DEP File Number: SE48 -2546 Filing Date: _ 21152013 Date Hearing Closed: 3202013 Date Orders Issued: 4132013 Plan of Record Information: Site Plan, Dated 2/15 /2013 stamped by Daniel C. Molloy, P.E. Permit Overview: This order permits the relocation of the existing dwelling, construction of a coastal dune with beachgrass plantings and sand drift fencing on a coastal beach, adjacent to a coastal bank and adjoining existing coastal dunes and within land subject to coastal storm flowage. Waivers are required for this project. Additional Findings: 1. The area falls inside mapped habitat areas and requires NHESP review. In addition to the General Conditions contained elsewhere in this document, the Commission includes the following Special Conditions pursuant to MGLChl31sQ and the Town of Nantucket Wetlands Protection Bylaw, Chapter 136: 18. All work shall be performed in accordance with the Site and Work Description contained within the Notice of Intent and plan notes set out on the plan of record, provided project narratives, waiver requests and protocols. 19. If access through Fisher's Landing (aka 4& Pole) will occur after April 1, then a qualified shorebird monitor, as determined by NHESP, must first conduct a survey no more than 48 hours before the proposed access, that has determined that there are no courting or nesting Piping Plovers or unfledged chicks within 100 yards of the access route. 20. No driving within 100 yards of unfledged chicks is permitted without an escort walking in front of the vehicle searching for chicks. Only "essential vehicles or equipment" shall traverse the beach after April 1. 21. Prior to the start of work the applicant shall provide the Commission a letter from the Nantucket Islands Land Bank granting access for vehicles/machinery across Land Bank Property. 22. A quarterly monitoring report including photographs, amount of nourishment added, erosion rates and beach/dune profiles must be submitted to the Commission for a minimum of three years or until a Certificate of Compliance is issued, whichever is the longer. 23. Should the monitoring reports show an adverse impact to surrounding properties the fencing shall be removed and the applicant shall file an Amendment or new Notice of Intent that addresses the removal and mitigation of this project. 24: All fencing posts and slats must be marked with a site.specific identifier. 105 Eel Point Road Trust, 105 Eel Point Road SE48 -2546, 32 -5 140794 WAIVERS UNDER THE NANTUCKET WETLANDS BYLAWI"GULATIONS Waivers are required to Section 2.05(8)(5) that all project that we not water dependent shall maintain at least a 25 -foot natural undisturbed area adjacent to a Coastal Bank. All structures which are not water dependent shall be at least 50 feet from a Coastal Bank. The Commission finds that the relocation of the house to a distance greater than 100 feet from the Coastal Bank will provide a long term net benefit to the resource area and the interests protected by the bylaw. Therefore the Commission grants a waiver under Section 1.03(F)(3)(c) of the Town of Nantucket Wetland Protection Regulations. 105 Eel Point Road Trust, 105 Eel Point Road SE48-2546, 32 -5 140794 This Order is valid for three years, unless otherwise specified as a special 4/3!2013 condition pursuant to General Conditions 04, from the date of issuance. 1. use of Issuanm Please indicate the number of members who will sign this farm. 6" This Order must be signed by a majority, of the Conservation Commission. 2. Number of signers 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, g not filing electronically, and the property om [, if ddferent from applicant Signatures: ,1rM 1 �� Mtlrew Banned • ,E- 300 -r al[er (j- — �\ / lan Golding aM OkMy bechml Gmwetlu Jahn D. Bragiotor�Smdh lennger Karbeg ® y hand delivery on ❑ by oe d mail, retum receipt requested, on Date Date F. 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 MassDEP 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 Request of Departmental Action Fee Transmittal Farm, 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. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal MI be required to demonstrate prior participation in the review of this project Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. 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. wMUnrttbc. ,s•. o3MIDia Feld 11 m 12 Massachusetts Department of Environmental Protection Provided by MaaaDEP: Bureau of Resource Protection - Wetlands E4-2 s46 NO WPA Form 5 - Order of Conditions M ear 8 File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Tramsraon# And the Town of Nantucket Wetlands Bylaw Chapter 136 Nantucket clyfrann E. Signatures This Order is valid for three years, unless otherwise specified as a special 4/3!2013 condition pursuant to General Conditions 04, from the date of issuance. 1. use of Issuanm Please indicate the number of members who will sign this farm. 6" This Order must be signed by a majority, of the Conservation Commission. 2. Number of signers 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, g not filing electronically, and the property om [, if ddferent from applicant Signatures: ,1rM 1 �� Mtlrew Banned • ,E- 300 -r al[er (j- — �\ / lan Golding aM OkMy bechml Gmwetlu Jahn D. Bragiotor�Smdh lennger Karbeg ® y hand delivery on ❑ by oe d mail, retum receipt requested, on Date Date F. 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 MassDEP 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 Request of Departmental Action Fee Transmittal Farm, 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. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal MI be required to demonstrate prior participation in the review of this project Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. 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. wMUnrttbc. ,s•. o3MIDia Feld 11 m 12 140794 Massachusetts Department of Environmental Protection Pmvided by rnessoEP: Bureau of Resource Protection - Wetlands SE48 -2546 WssDEP File 9 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Tmniadbn 0 And the Town of Nantucket Wetlands Bylaw Chapter 136 Nantucket cuyrrown G. Recording Information Prior to commencement of work, 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 this page shall be submitted to the Conservation Commission listed below. Conservation ComMSSbn - _ Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation To: Conxrvaami Commission Please be advised that the Order of Conditions for the Project at: Pmjed Locakan ktessDEP File Has been rewrded at the Registry of Deeds of: Book Poe for. piny owner and has been noted in the chain of tte of the affected property In: In awordance with the Order of Conditions issued on: Im If recorded land, the instrument number Identifying this transaction is: If registered land, the document number Identifying this transaction is: .,n.b,m.e :. ra. oarzrm+o ne 12 el 12 140794 O O J i I � I o i 'r a n • a c I O ti T N N ti T a W O O T 2 Gl W J i y A 7 OS I + W S A T 1 _ Y I I N I J I .f a ' a O O J i - :p iln. ... . � Yui S� NV1d 311S SIV3ddV d0 OUVOS 8 Al yE ev:: iFi @,S ^9 3 3 5 t {I E E t u v!F {F eiFFii FE 1 1 1 a 1 1 ff u i � s F =ei u U , I e `E { 'N milli \ r 1 I ! .e e jlii it i y t i t M 0 e IV \ - 11 E It if Y II 11 - Y E g PPyQ It 11 Fp M a�t{ Pa'6 gip ,F •F3n E!z @9 IN 1 F � TOWN OF NANTUCKET ~; BOARD OF APPEAL. m NANTUCKET, MASSACHUSET z � f � Date: July 31, �13� To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 030 Owner /Applicant: MARGARET T. CUNNINGHAM, TRUSTEE 105 EEL POINT Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 90A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Land 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 TWE Y' (20j days. $- 4ward S.'Toole, Chairman V cc: Town Clerk Planning Board Building Commissioner /Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY -LAW SECTION 139 -30 (SPECIAL PERMITS); SECTION 139 -32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508- 228 -7215. NANTUCKET BOARD OF APPEALS 2 FaIrgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 32, Parcel 5 Certificate of Title No. 21234 105 Eel Point Road Land Court Plan No. 13887 -R Limited Use General — 2 Lot No. 18 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals held on Thursday, June 13, 2013, at 1:00 p.m., at 4 Fairgrounds Road, Nantucket, Massachusetts, on the Application of MARGARET T. CUNNINGHAM, TRUSTEE of 105 EEL POINT TRUST, BOA File No. 030 -13 with an address c/o Elizabeth Braudis, 101 Arch Street, Boston, Massachusetts 02110, the BOARD made the following DECISION: 2. The Applicant is requesting a Special Permit pursuant to Section 133- 33A(4) of the By -Law, or in the alternative, a Variance pursuant to Section 139 -32 of the By -Law, to allow the relocation of her existing house with non - conforming side yard setback distances of less than ten (10) feet. The property is a pre- existing and non - conforming lot created in 1970. The Lot has an area of 21,476+ sq. ft., frontage on Eel Point Road of 35.55 feet and a ground cover ratio of 7.45 %. The Lot is located in the Limited Use General -2 Zoning District which requires a minimum lot size of 80,000 sq. ft., minimum frontage of 150 feet, minimum side yard setback distances of ten (10') feet for lots of record and a minimum ground cover ratio of 7 %. The Locus is situated at 105 Eel Point Road, Assessor's Map 32, Parcel 5, Land Court Plan No. 13887 -R, and evidence of the Owner's title is Certificate of Title No. 21234 at the Nantucket Registry District for the Land Court. The Locus is zoned Limited Use General — 2. 3. Our decision is based upon the application and accompanying materials, representations and testimony at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. Attorney Kevin F. Dale presented the application and stated that the northerly side of the existing Cunningham housed is situated approximately seventeen (17'±) feet from the coastal bank, at its closest point, and was in imminent danger of destruction caused by the eroding coastal bank and the fury of the Atlantic Ocean. Attorney Dale stated that the Applicant intended to relocate her existing house approximately sixty -one (61') feet to the south on the Locus as shown on the submitted plan. After the house is relocated, it will have a westerly side yard setback distance of approximately five (5'±) feet and an easterly side yard setback distance of approximately five and 6/10 (5.6 ") feet, at its closest point, given the peculiar "funnel shape" of the Lot. Attorney Dale explained that the shape and topography of the Cunningham lot was unique and different from other lots in the LUG -2 Zoning District the imminent destruction of the existing house by the forces of erosion and the dynamism of the Atlantic Ocean will cause Cunningham a significant hardship if the house is not relocated as requested. Attorney Dale stated that the erosion threat is confirmed and established by Order of Conditions No. SFAS -2545 issued to the Applicant by the Nantucket Conservation Commission and there is no feasible alternative to relocate the existing house on the lot with reduced side yard setback distances as requested given the peculiar narrow and "funnel shape" of the Lot. 2of3 4. Accordingly, by UNANIMOUS VOTE of the sitting BOARD, the BOARD OF APPEALS grants a Special Permit for the relief sought by the Applicant pursuant to Nantucket Zoning By -Law Section 139- 33A(4), and a VARIANCE pursuant to Section 139 -32 of the By- Law for relief from the setback requirements of Section 139 -16 of the By -Law, in accordance with the Board of Appeals Site Plan for 105 Eel Point Road, Nantucket, Massachusetts prepared for 105 Eel Point Road Trust by Site Design Engineering, LLC dated April 8, 2013, a reduced copy of which is annexed hereto as Exhibit "A ". Dated: I � , 2013 Kerim Koseatac an Carthy Mazk Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. /� , 2013 On this ay o44 2013, before me, the undersigned notary public, personally appeazed I ( and proved to me through satisfactory evidence of identification, which were vW� 1UN W di to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he /she signed it voluntarily for its stated purpose. „/ lo-V� t ' , I NOTARY PUBLIC ` �Qx LESLIE WOODSON SNELL My Commission Expi NOTARY PUBLIC My , Enk's3 pL2 ,2018 3 of 3 EXHIGIT A, ON 1Npd 73 SOL NVld Ails�Ww_ E - € s1b'3ddV do advo43 "' 3 Mh m Ise_ e e 1 + \ --- —_--- -- \ if I I §9,3rT hill 1 I Hill li iE i i ° °di Pa. iI \ a;y�! e E �, Nil, ° � �'---- --- �� l) if I i I „rs3v"�I I 7•� 1 se 'i � 9 11 � I X69 1 -5 dl II € rli gg - I 11 y gFA Y3 !3 se e� Id I.p IR Eiy egg II .a,..r q a Y ee 5�3� qS J g a 3 i fill `s4