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HomeMy WebLinkAbout1988-July-11MINUTES BOARD OF APPEALS TOWN OF NANTUCKET JULY 11, 1988 Members present were William R. Sherman, Chairman, C. Marshall Beale, Regular Member, and Alternate Members Ann Balas and David Legg e recording secretary.so these Minutes were taken from the tape. William Sherman opened the meeting explaining that the hearing had been continued from Friday, July 8, 1988. The matter to be heard that day was 072 -88, the Siasconset Wastewater Treatment Facility. It was a request for a Special Permit under Section 139 -33A, an expansion of the sewer treatment facilities as described in EPA project no. C250473 03. The meeting had originally been set for 1:30 p.m., Monday, but had to be put off to 4:00 p.m. that same Monday, July 11, 1988 in order to have a quorum. Only four members were able to sit due to conflicts of interest. Unknown Individual:ASpM and asked that the hearing be continued to Friday, July 15, 1988, because there were several people at the Friday hearing that wanted to testify on the Surfside treatment plant, that could not do so because of the way the meeting had gone. Many of them could not come on Monday to be heard and they wanted to testify. Some were not aware that the hearing had been continued to Monday. Sherman said that he was apparently speaking about the Surfside treatment plant only and that he had opened the hearing on the one in Siasconset and the Surfside discussion would follow this hearing. With that the individual sat down. Speaking for the Town was Norman Lanman. The Town has been trying to build treatment facilities in Surfside and Siasconset for a number of years now, this project is made up of three separate grants, the first of which was for facilities plans and study as to how they should proceed with the best facilities for Nantucket, improving the existing sus The second phase was for improving the Sea Street Pumping Station, relining force mains and upgrading facilities for conveyance from Sea Street out to the proposed site at Surfside. The third grant was for construction of the actual treatment plants in Siasconset and Surfside. Sherman asked if it would be more useful to present the whole plan or focus only on the Siasconset plant at the moment. Lanman felt that alot of what he was presenting concerned both plants, general information applied to both, though each plant had its own plans. One point that Lanman wanted to stress about the project as a whole is that it has had extensive work done on it over several years, reviews, studies culminating in both State and Federal approval and obviously the Town had to address issues of safety as to ground water safe - guards as well as other matters where the Town had to submit a great deal of information to the agencies in order to get the approvals. All impacts on the areas had to be considered. That had been the track record of the project and the Town was before the Board now because they were expanding a pre- existing non - conforming use,and there was an immediate need to get the project out to bid. He was concerned that,if the project was not able to go forward at this time,the funding may not be available any longer, Construction had to be underway by year -end. The alternative to having a better method of treatment for the Island,t7�r is for the Town to continue to dump raw sewage onto the beaches of Nantucket. is certainly not an acceptable alternative (Minutes, July 11, 1988) -2- That was certainly not an acceptable alternative from the Town's stand- point or the residents of Nantucket. Sherman asked about the current system of treating wastewater. He asked how the present system of sewer beds would be different from this system. Lanman explained that the present system is to simply take raw sewage and dump it into the open beds and let it leach into the ground. The proposed system , which is a primary treatment facility, will be to take the effluent and bring it into the S'conset facility, where it will go into a primary collection area (here he asked his engineer to correct him if he did not explain it right), where it would be clarified, with the solids settling to the bottom of the tanks and the liquids that remain �av+n� a much lower concentration of solids. They would be sent out into the beds which is much the same as it is now only the liquids would be much cleaner and filter more quickly. At the S'conset facility, the sludge that is at the bottom of the tank will be pumped into a holding tank and will be then trucked to Surfside for additional treatment on an as- needed basis. Dick ? spoke next. The tape was not clear enough to hear his name but he appears to be the engineer for the project. He mentioned a change in the plans concerning the solid waste septic tanks from the homes. Sherman clarified the current procedure. Presently the septic trucks go onto the beds and discharge onto the bed floor For filter out. He asked what happene to the solids at that time and was told that they were raked off to the side. (There was lot of back'-ground noise and poor quality of the tape in general 6o that a complete transcription of this section was difficult at best). The septic tanks on the Island will have a separate unloading facility (no longer pumping directly into the beds as they do now) and treated before being pu`into the beds. Sherman asked if any one had anything to offer on the positive side of the project or needed further clarification before going on to objections. He explained the manner in which the hearing was going to be conducted with the positive comments first and then the negative after that. Unknown Individual: he was not clear if Sherman wanted a series of technica-: questions from the audience about the plan or a citizen's response to the facility. Sherman said that the important thing was to be clear about the facility that was proposed and/if we were clear enough on the facts to go forward then lets go forward with comments from the citizens. Kathy Loughlin spoke next, an abutter of the Surfside Treatment Plant. She was president of the Miacomet Association as well. She hac{ a question about the government contribution with funding for a primary plant versus a tertiary plant. Lanman responded by stating that he had been told by the State that there are no programs available for funding on the level the Town has been able to obtain (90 %) for a tertiary plant. The best they could hope for for funding was 70% and probably more like 50% 'if we could get it at this point at all. The engineer pointed out that,if this project did not go forward in a timely fashion as it is proposed now, we could not apply for a project of this type again or this level of funding for any type of system,whether it is primary or tertiary or whatever. This project is enjoying a 92% level of funding the last time we will get this large amount of money. (Minutes, July 11, 1988) -3- Sherman reminded everyone that thi.9 hearing was to deal with the zoning aspe of the project. It may make an impact as to whether (he addressed the abutters) they were in favor or against the project as to the level of funding but,as far as zoning was concerned zoning would not take into accoun, the level of funding. Zoning was concerned with health, safety, matters of noxiousness like odors, and the general welfare that goes with that. But the specifics of funding and the wisdom of this particular project z-e- �o another forum, i.e., political and the funding agencies. The Board had to find whether it was substantially more detrimental to the neighborhood and if the relief sought is in harmony with the general purpose and intent of the By -Law. He asked them to keep that in mind when commenting on the project. He the>> opened the floor to negative comments. Dr. John Martin spoke next with a positive statement. He was a resident of S'conset, a taxpayer and he voted in Nantucket and he lived right across the street on Low Beach Road across the street from the present plant and also across the street from the proposed plant. From a zoning perspective. he could not imagine anything more detrimental to the neighborhood than the present plant which dates back in parts to the middle of the nineteenth century. He had been followin� the plans for five years and could say with- out reservation that he endorsed both plants, the Surfside plant as a citizen of Nantucket and the S'conset plant for the reasons cited. He made one recommendation in terms of the constructionjfrom a zoning perspective o -f the S'conset plant, that is, at some point during construction local tax money be provided to make the road accessible to the beach. He would like to see the facility people- friendly,not only in terms of its appearance and impact on the environment but that it would facilitate access through its road to the beach. There is access there now,and people are using it now continuously. He thought it was a good thing )as there were not alot of access points for the residents in S'conset. It is unpaved now and quite difficult to get to the beach and cars are continually getting struck. It will be paved maybe half the way to the beach with this project.- asked that,with the aid of tax monies,some adjustment by made to facili- tate access to'the beach beyond the project pounds. Sherman asked whether it would be preferred to pave the access or leave it open. Martin asked that it not be fenced in and left open instead. Nothing will stop four -wheel drive vehicles,and people will always cut through barbed wire fence and he did not consider the fence people - friendly. Lanman responded next. The plans that the access to the proposed facility will '�o as close to the b�. d ��iq as possible. They were going to pave a portion 11 c-2 it to provide access Forthe trucks.and there were no plans to fence the road i.n'til it got near the control buiding. He did not see any problem with people using that road'til it turned into sand again where it branched off. He spoke about his personal opinion that fences around this Island never keep people off the beaches and would just mean that people would create another road elsewhere to get to the beach. Sherman and Lanman discussed the fencing requirements and positioning of that fence. (Tape was not clear on the actual wording used). Sherman said that it did not seem like a matter for the Board in any case,and Lanman reiterated that the Town wanted to use existing roads there. They would try to maintain just one road as best as they could. (Minutes, July 11, 1988) -4- William Brown, representing Noel Thompson, an abutter, spoke next. Thompson's biggest concern about the project was the visual impact and the possible detriment to the property values in the area. He asked if the Town was going to soften the impact on the area and take into account the aesthetics of the surrounding area. He asked if they were going to screen the area with bushes and small trees and asked how big the control building was going to be. Lanman said that the building would be small and that it would be better if he showed him the plans rather than try to explain it to him. Sherman invited anyone interested up to the table to look at the plans. Lanman said that the building itself was 21' 10" x 16'. (There was extensive discussion of the plans and measurements were taken with a ruler.) It would have cedar shingles. It was 6'8" to the eaves and with the roof height,the structure would stand about 18' high. Brown then asked about the screening around the pits and Lanman showed him the site plan of the area. The control building will be about 500 feet in from the road almost straight down on the access road. That will be the only building on the S'conset site was his response to Brown's question about other structures on the site. Brown then pointed out where his client's house was and Lanman said that he could understand his client's concern. Brown asked what the fences would be like and Lanman explained that current specifications call for a 6 -foot chain- linked vinyl- coated fence. There had been alotof discussion about fencing onthe Surfside site and a request had been received for a smaller fence of four -foot height. He had talked with water - pollution control people on several occasions and,at their last meeting with him that past Thursday, they said that they would come back with a written reply as to their feelings about dropping the fence to four feet. Lanman said that the pluses were that it was easier to landscape and hide a four foot fence. If he were living out in S'conset at a higher elevation;it was a choice as to whether he wanted to look at a fence or a lagoon. He said,as far as a planting schedule around the beds, there were not any plans to do any- thing around the bed area and that there were plans to do so around the control building. There was further review of the plans submittedJparticularly as to planting areas indicated. Several audience members discussed what they preferred in respect to plantings (the tape did not pick up the names or specifics of what they said except that they preferred that the fence be camouflaged as well). Sherman then clarified that the only plantings planned were for the control building area and not the fence and that the fence would be green in color. Lanman said that there had been a question as to the color of the fence as there were only a few available, i.e., green, dark brown /black and clear coated. For the Town's purposes.it did not matter what color they used�rf,,j were willing to use whatever the residents and the Board wanted as far as coating was concerned. On a personal level, Lanman said that the green would appear to be far less invasive visually than the other two. Kathy Loughlin spoke again. She object to the clear coating of a 6 -foot high fence that would reflect grey and the buildings would be all grey. She felt that the impact would be lessened in Surfside and advised the S'conset residents to think about that. If the recommendation comes back that they were going to stick with the 6 -foot high fencing around the beds, that they try to place them on a down -grade to minimize the amount of fence acatually visible. She suggested that in other Town s that have done that only about 3 -4 feet were left visible. The protection was still (Minutes, July 11, 1988) -5- there but less of a visual impact. It was not apparent from the plans as to whether the fence was positioned in the lower part of the lot or not. Lanman said that it was not the Town's intent to build a gulley all around the beds to put a fence. Sherman suggested that;for zoning purposes, we could condition relief on the visual impact of the fence being minimized as much as possible. Lanman had one problem that he had with the fence issue is that the area of construction allowed by the Conservation Commission's Order of Conditions was so restrictive that1without their allowing a sL'ght deviation from that order made the project impossible to construct at all. They allowed the deviation for the positioning of the fence, thus the leeway they have to alter the fence in any substantial way was severely limited. Any significant alteration of grade that would push the area for construction out will probably necessitate going back to the ConCom to amend the Order of Conditions. Sherman stated that was why he suggested that it be phrased in a manner that would stress the objective of the plans, nc tee( ) to minimize_ the visual impact of the fence to allow the latitude within the restraints of the funded project, the ConCom, HDC. He explained that this Board tries to defer to the HDC in matters of design and aesthetics. Lanman said that; from the stand -point of the Town�the height of the fence is basically functional. He did not think there was anyone in the Town who said that "I want a six -foot fence!" There were two things that had to be considered. One was insurance, making sure they have adequately protected the property. More importantly,it was to protect it from a small child who might wander into the facility. For that purpose,a six -foot fence as opposed to a four - foot fence made very little difference. The other thing that we had to be conscious of are the conditions of the D4vision of Water Pollution Control. If they said that we did not have to have a six -foot fence and that a four foot fence was fine, and it did not affect the insurance, he suggested that the Town, though he did not want to speak for all the members of the Sewer Project Advisory Committee, might not have a problem with installing a four -foot fence. A member of the audience asked about the perimeters of the project being screened again. Lanman said that he understood their concerns. If he had his way,he'd plant whatever the area wanted. It had taken so much of his time so far that he'd just as soon spend $50,000.00 to put plantings in there and be done with it. Obviously, however, cost is a concern in this project andhe's notsure whether plantings would be covered under the current funding. He suspected that coverage for that would be minimal and that it would pertain to revegetating the areas that were ripped up during construction or some small amount around the building area. The rest of the plantings, and here he stressed that he was syjpathetic to the concerns over this issue, someone other th_,n the State has to pay for it. The tax payers have to be aware of that and,if they are supportive of that,fine. He had no problems with that at all. Ultimately, it was tax dollars that would have to be spent on it and the taxpayers are the ones that should be asked. Lirsette Doble, an abutter, spoke next. She asked about the beach plum and beach grass growing out there already and was assured that it would be repla( upon completion of the project. Sherman said that he was a little relL)ctant to develop a list of conditions that would require Town expenditure beyond what was alreaty allocated and required. He could not sanction putting in conditions that would mandate (Minutes, July 11, 1988) -6- that the project be shut down or make it so that the Town would have to seek more money at Town Meeting in order to avail itself of the Special Permit relief. The conditions would be ancillary and not directly necessary for the proper functioning of the facility. It is, however, encumbent on this Board to advise and lean on the Town to take into account the concerns of the neighbors. Lanman said that the Surfside aretresidents had made a specific request for something,and he wanted to bring it up then. They had asked also for extende(_ plantings and he wanted to give the S'conset residents some perspective. He reiterated that the Town would be supportive of extended plantings there and in S'conset and certainly revegetating what had been disturbed, and we should be able to reasonably expect the voters to be supportive also. He then stated that they would have to go back to Town Meeting for the projec anyway,and there would be a Special Town Meeting and,at that time,if they could identify what reimbursable funding was available,then they could also identify what additional funding from the Town might be needed to complF- the project as they would like. He also added that he felt that the Sewer Project Advisory Committee would recommend favorably and support the plantin,_ of more vegetation in these areas. When asked when the Town Meeting was going to be,he said it had been set for September 13, 1988. Brown( ?) asked how this would be less noxious to the area than what was already therejas it was still a primary treatment plant and not tertiary. Lanman responded and said that,presently,the stuff that goes out to the beds is a mixture of everything, all together, solids and liquids. The improve- ment that they hope to get with this is thaticertain percentage of solids would be removed from the effluent and that the effluent that goes into the bed wouldyare a much lower conce=ntration than presently exists. The solids would then be composted and any odor that there was from the beds now woulAconsiderably diminished. He had no reason to believe that that would not happen. Sherman asked if there was any further way to minimize the odor,like coveriri. the beds or some such thing,and was there any low cost way of minimizing it. Lanman said that covering the beds would not be an effective way of controlling odor as the biological process that breaks down the bacteria needs to be open to the air. A member of the audience asked why the odors would be reduced as effluent would still be dumped in the pits. Lanman said that it would as the con- centration was purer. The pits could not be covered,nafv interfere with the bacterial action that is necessary to break down the remaining solids in the liquid. Here, the engineer explained the specific action of the pit and the process for filtering. He pointed out that evaporation was a large part of getting rid of the liquid so covering would also interfere with that. 80% of the solids are going to be separated into sludge tanks before the liquid is released into the pits,and the potential odor should be a great deal less than it is tvr(a All of the tanks that are going to be holding sludge will be odor - controlled and covered. Syd Conway spoke about the water issue. He asked if they were going to brin water down Low Beach Road and someone said that there was already water there. He was of the opinion that a tertiary plant could have been done (Minutes, July 11, 1988) . -l- and that was what bothered him about the whole project. Several years ago; this Town opted to put in a primary system with no nitrification with all the contaminates going into the ground because of a Class III designation The State and the Town have allowed the contamination of the water in those areas by a Class III designation. He wanted to make it very clear that we were contaminating our water by having a Class III designation. Sherman again stated that it was not this Board's decision as to the wisdom of this type of plant over another. We had to take what was the choice and test it to see if relief could be granted. The basic question was whether the primary treatment plant, as proposed, was more detrimental to the neighborhood than what was there. Sherman asked the Board members if they were ready to take a vote and Limet_ Doble had a question. She asked about the trucking of the solids to Surfsid, She was confused as to where He ;,we�rctobcomposted and was told that it was to be in Surfside and not in S'conset. Kathy Loughlin spoke again. She said that the reason that they were bringin_ up the tertiary plant was because of their concerns over tthe safenotof cure their water, the smells that are alr y i e by a primary plant. She wanted to go on the record that the objections that they are voicing are not to argue that they want a tertiary plant an(: lets spend the money but their desire is based on the fact that the primary plant will not cure the problems:tf,� are concerned about their wells and odor. A tertiary plant there wouldy ,4ladrinking water that would come out of the process. John Martin spoke again. He could see no other conclusion in his own mind thaw what was propod was a substantial improvement over what was there. Syd Conway spoke about the contamination problem again. There will be more contamination as the new facilities would allow further expansion of the Island's population with new construction. Dr. Martin again stated that what was proposed was a substantial improvement over what was there regard: Ann Balas asked about the HDC approvals and Lanman said that all structure have received Certificates of Appropriateness. However, because of all of the delays, the permits have lapsed and they would have to go back and get extensions. There had been some minor modifications made to Surfside but n(j- to S'conset. He said that they would go back with all of the structures at the July 26, 1988 meeting of the HDC. Lanman wanted to add that a great deg. of time and money had gone into the design and permit process over several years and they have tried to make the project fit in and still have a functioning treatment facility. Sherman clarified some issues for Ann Bala. as she felt thatas a new member,she wanted to be clear on the issue they were to decide,howe.ver narrow that issue was considering all of the evident that had been presented. Ted Tillotson spoke next. It took about nine years to get an approved proje for Nantucket. The Board had to consider Section 139-33A. The sewer bedsLa.: are considered non - conforming because there was no provision as written for their existence and they pre -dated 1972 zoning. The Board r . (Minutes, July 11, 1988) -8- can grant permission to alter, extend, or amend that pre- existing, non- conforming use provided that it was not more detrimental to the neighbor- hood. The primary concern of the Board is the safety, health and general welfare of the residents. We have the existing sewer beds system,and they have to be improved soon. The systems we have are not doing the job adequately,and it will take another year and a half to get the new primary system in place as it is,with no delays. The communitylas a matter of lake must provide facilities for all. The Town could become liable. He saw the task of the Board of Appeals to determine whether or not to issue a Special Permit to allow the expansion and that was one thing that should call on the best judgement of the Board in granting the permit, will that satisfy the requirements of the By -Law in protecting the safety, health anti welfare of the community,and find" hat the expansion is not in fact opposed to the Zoning By- Lawfand it should be something that should be granted. He urged the Board to grant the relief as promptly as possible and hoped that there would not be an appeal,as there had been previous litigation that had held up the project so far. Sherman thanked Tillotson for the comments. He said that the people are entitled to take an appeal from a Board of Appeals decision but that he hoped no one would. He commented to the Board that they should be mind- ful of the real issue facing them and think about any conditions that might want to impose but also be mindful that they did not want to frustrate the positive aspects of the project with unnecessary conditions either. David Leggett motioned that the Board grant the relief with conditions that would be sufficiently flexible to allow the Town to minimize the impact of the fence . Sherman clarified that they pete,��1, not spell out how that would be done possibly using the term "with best efforts to minimize the visual impact ..." and that was agreed upon. It was seconded and the relief was GRANTED by a UNANIMOUS vote. Due to the late hour,there was discussion of putting off the hearing on the Surfside plant'til that Friday, July 15, 1988 at 4:00 p.m.�and it was so moved and so voted. Respectfully submitted, el Linda F. Williams, Secretary Board of Appeals William R. Sherman Dated: Nantucket, MA 02554 C ,o117.-/ J,o�,.�� Member Member