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HomeMy WebLinkAbout1987-04-30 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 AGENDA FOR APRIL 30, 1987 A. PUBLIC HEARINGS 1. Robert S. Yates - Great Point Road, Wauwinet 2. Bruce Connolly - 286 Hummock Pond Road 3. Chase/Hill - SE48-405 - 39 Quidnet Road 4. Old North Wharf Company - Old North Wharf 5. Ronald Bamber - SE48-406 - Alliance Lane (proprietor's road), off Eel Point Rd. 6. Elizabeth McIlvain - Millbrook Road 7. Richards, Everett, Jackson - Tristram Ave., Dionis B. REGULAR MEETING 1. Minutes of April 16, 1987 2. Audience to press in public a. Nantucket Board of Selectmen pond openings 3. Requests for Determination a. Michael Bloomberg - 115 Baxter Road 4. Orders of Conditions a. Chase/Hill - SE48-405 - 39 Quidnet Road 5. Planning Board Referrals a. Quidnet Farms b. Old South Road - Valero 6. Other Business a. Change in regular office hours b. Robert Elliott - SE48-361 - Elliott's Way - complete Certificate of Compliance c. Ken Cross / Joan Barr - SE48-360 - 17 & 19 Crow's Nest Way - revision in plans d. Harvey B. Matthews III - SE48-300 - Quidnet Road - review e. Washington Street Ext. - results of field inspection & recommendations f. CZM film - "Portrait of a Coast" - borrowing May 11-18; Channel 3 g. Census Bureau questionaire h. Winn, Low & Everett - SE48-383 - Eel Point Road - tech. additions to O/C 7. Correspondence a. Tharon Dunn - note - 84 Baxter Road b. Michael F. Dacey - letter - Adams Street c. John S. Conway - SE48-380 and SE48-381 - Surfside & Siasconset sewers - letter d. DEQE - SE48-397 - Thomas Taylor - appeal, Diane Coombs e. DEQE - SE48-383 - Winn, Low & Everett - appeal, Joan R. Kolle f. Gary Winn - SE48-383 - Winn, Low & Everett - Certificate of Analysis g. Fenn & King - SE48-382 - Edward Murphy - review of potential groundwater impact h. Landlaw, Inc. - request for information i. Board of Appeals - notice j. Board of Selectmen procedures for use of Town Counsel k. Board of Selectmen - appointments with Executive Secretary Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 AGENDA FOR APRIL 30, 1987 (cont.) 1. DEQE - public information hearings notice m. Exec. Office of Communities & Development - Strategic Planning Program, book n. Pilgrim Resource Conservation & Development Area Council, Inc. - minutes o. Dept. of Fisheries, Wildlife & Environmental Law Enforcement newsletter p. Lycott Environmental Research, Inc. newsletter q. Mass. Association of Conservation Commissions, Inc. - Spring Wetlands Workshops 8. Field Inspections a. Brent Young - 118 Orange Street - N/I b. 84 Baxter Road - note from Tharon Dunn c. Mr. and Mrs. Ted Godfrey - 325 Polpis Road - N/I d. Mrs. William E. Cozens - Rhode Island Ave., Madaket - Req/Det e. Hughes/Lang - Poverty Point - N/I f. Bruce Killen - Westchester Street - Req/Det g. Robert Elliott - Lot 903, Elliott's Way - N/I Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 MINUTES OF APRIL 30, 1987 The public hearings of April 30, 1987 were called were: Peter Dunwiddie - Chairman, Carl Borchert, Visco and Henry Wasierski. Members absent were: to order at 7:30 PM. Members present Lee Dunn, William Willet, Donald Lucy Leske. A. PUBLIC HEARINGS 1. Robert S. Yates - Great Point Road, Wauwinet. Agents present for the applicant were Tom Olivier of Choate, Hall and Stuart, Les Smith and Bob Daylor of the Daylor Consulting Group and Glen Wills of Nantucket Surveyors, Inc. Results of a 4/6/87 field inspection were discussed. Letters were read from Mrs. Woodward L. Boynton, Mr. J. V. Jamison III of the Wauwinet Landowners Associ- ation and Mr. William C. Clendaniel and Robert Deblinger of the Trustees of Reservations. Mr. Smith elaborated on both existing and proposed conditions of the project. The dwelling would be placed 60 feet back from the dune crest, would be built on pilings and would include a walkway to the beach. He claimed the entire project conformed to existing performance standards and felt the dunes and surrounding vegetation would not be destabilized by construction of the house. Mr. Daylor presented some photos of the area and existing houses; he that, in fact, the dwellings may have helped to stabilize the dunes. major question of whether or not houses are a threat to primary dune was discussed. suggested The systems Lee Dunn expressed concern that the houses are actually creating conduits in the dunes, thus assisting in their demise. He said it is virtually impossible to ensure that use of the house and surrounding "yard" and dunes by people will not be detrimental to the dune ecosystem, even if a boardwalk is included. Carl Borchert wanted to see more detail on the height of the dwelling, the driveway location and boardwalk dimensions, and commented that it seemed from the plans the house would be 10 feet higher than a neighboring dwelling. There was also concern over the proposed leaching field and whether it may eventually be exposed by blowing sand. Mr. Smith claimed the applicant wishes to comply with the Governor's Executive Order No. 181 issued Aug. 8, 1980 protecting the state's barrier beaches, as implemented through existing wetlands regulations. Peter Dunwiddie made a request for historical documentation of movement of the dunes and sand in this area over the past 50 years which should, in its appli- cation address the local bylaws. He also expressed interest in seeing data Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -2- minutes of 4-30-87 on erosion rates common to the location. Mr. Daylor agreed to supply such information. The discussion was opened to the audience for comment. Mr. Henry Reeder, an abutter, was concerned that the approval of this project would serve to pave the way for future development of this fragile area and some projects are already in the planning stages. Mr. Arthur Reade of Reade and Alger represented abutters both to the north and south. He said this lot was originally part of one larger lot which was subdivided into 2 parts, and in light of the zoning bylaws, this constitutes a non-buildable lot. Evidently, the 2 lots had to be merged again in order to obtain shoreline rights - a violation of the zoning bylaws. Mr. Reade also noted that at the present time no water service is available to the lot, and he questioned whether there is any potable water there anyway. Marshall W. Dennis of Jason M. Cor tell and Assoc., Inc. presented a review and evaluation of the project. He stated the plans seemed somewhat incomplete, lacking a grading plan, description of the limits of disturbance and an identi- fication of sand relocation sites. Mr. Dennis stressed the project is not in conformance with the Governor's Executive Order No. 181 and believes various activities will increase the potential for erosion and storm damage as well as interfering with surrounding vegetation and wildlife. Dr. Wesley N. Tiffney, Jr., botanist, geologist and director of the University of Massachusetts Nantucket Field Station, described the effects of the Portland Gale which broke through this area in 1897. The tracks created by fishermen dragging their boats across this narrow "haulover" area may have weakened it and made the breakthrough more likely. Dr. Tiffney felt anything which disrupts local currents will serve to increase the segmentation of Nantucket Harbor and destroy the Island's scalloping industry. He continued by pointing out how the houses there presently have denied the advantageous sand deposition needed to encourage stabilizing plant growth in the back-dune area. He added that the well will almost certainly require a desalinization plant due to the very small amount of fresh water available in the area. John Roe of the Nantucket Land Council voiced concerns about the impact of the septic system on the shellfish in Nantucket Harbor. He felt it was the responsibility of the applicant to prove there will not be any pollution to the shellfish resource. He went on to discuss the lack of data on travel times of the septic plume, bacteria and viruses in the harbor. He added his concern with salt water intrusion to the fresh water supply and suggested requiring the applicant to perform pumping tests. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -3- minutes of 4-30-87 Mr. John Horgan of 104 Wauwinet Road spoke for the Wauwinet Landowners Association which had recently voted to express serious concern over this project. He requested the Commission reject the project on the basis of many years of personal observations of the deleterious effects of uncontrolled human activities in the dune areas and the additional taxing of the fresh water system which is already experiencing difficulty now. Nelson Jones, a Wauwinet caretaker for many years, highlighted the tremendous wind scour problem inherent to the properties in the area. He cited many recurrent maintenance problems and claimed to have seen storm waves breaking over the dunes in question at least 4-5 times in his lifetime. He stressed the very fragile situation regarding living with the natural forces in this area. Mr. Olivier requested a continuance of the hearing in order to supply addi- tional information. Peter Dunwiddie wanted to know what the legal implications of the Executive Order are to this Commission. Mr. Reade answered that he believed it is the responsibility of the Commission to uphold the Order. Carl Borchert added he believes the Wetlands Regulations flatly prohibit building on a primary dune. Donald Visco felt the important issues are whether or not this project can tie into the existing Wauwinet water system as well as a clarification of whether it is indeed a buildable lot. Mr. Reade said he was prepared to state that it is not a buildable lot, and suggested the applicant obtain a statement from the building commissioner. Donald Visco moved to continue the hearing. So voted. 2. Bruce Connolly - 286 Hummock Pond Road. No agent was present for the applicant. Peter Dunwiddie said Rhoda Weinman had phoned him stressing the emergency situation. Carl Borchert moved to continue the hearing. So voted. 3. Chase/Hill - SE48-40S - 39 Quidnet Road. Some comments on the field inspection were raised and agent Jeffrey Blackwell confirmed the wetlands boundaries. Carl Borchert moved to close the hearing. So voted. 4. Old North Wharf Company - Old North Wharf. No further discussion of the pro- ject was needed. Bill Willet moved to continue the hearing for a DEQE file number. So voted. 5. Ronald Bamber - SE48-406 - Alliance Lane (proprietor's road), off Eel Point Road. John Shugrue was present as agent. Carl Borchert read the results Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -4- minutes of 4-30-87 of a recent field inspection which recommended the installation of a per- manent retaining wall instead of the proposed haybales to stabilize the slope and protect the wetland on the property. Mr. Shugrue agreed to add the retaining wall to the plans. Carl Borchert moved to close the hearing. So voted. 6. Elizabeth McIlvain - Millbrook Road. John Shugrue was present as agent. The subject of bricks and a patio had been determined informally at last week's meeting as not being of great concern to the Commission. Carl Borchert suggested the oil tank be above grade, and Mr. Shugrue agreed to comply. There was some discussion over the deer fence. Carl Borchert moved to continue the hearing for a DEQE file number. So voted. 7. Richards, Everett, Jackson - Tristram Ave., Dionis. Carl Borchert moved to continue the hearing for a DEQE file number. So voted. B. REGULAR MEETING 1. Minutes of April 2 and 16, 1987. The minutes of April 2, 1987 were read. Lee Dunn moved to accept them as written. So voted. The minutes of April 16, 1987 were read. Peter Dunwiddie moved to accept them with the following change: -k page 3 - paragraph f/S: change "Nantucket county" to "state of Massachu- setts." So voted. 2. Audience to press in public. a. Nantucket Board of Selectmen - pond openings. Mr. Phil Shea of the Nan- tucket Department of Public Works was present with Skip Cabot and Paul Ber- gendahl of the Board of Selectmen to ask the Commission to approve a DEQE Emergency Certification requesting the opening of Sesachacha Pond in the interest of protecting public safety. Mr. Shea described what the DPW and the Board of Selectmen felt was an emer- gency situation at Sesachacha Pond due to high water and wave action undermining the Polpis Road. He said there was a good chance a heavy truck could cause the road to collapse from the loss of 3 feet of road shoulder in recent weeks. He claimed the only way to alleviate the problem would be to lower the pond water level by opening it to the ocean. Much discussion ensued over whether the situation actually constituted a true emergency. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -5- minutes of 4-30-87 The Commission was most concerned with possible salt water intrusion to the area's private wells which could result from an uncontrolled opening of the pond to the ocean. The Commission generally felt Mr. Shea did not have sufficient data to illustrate that this would not indeed have a nega- tive impact. Questions were also raised about alternatives to opening the pond. Mr. Shea claimed there were neither sufficienct town funds nor the time available to repair or buffer the road. Various ways to lower the water level in a more controlled manner were discussed, other than digging a channel. Lee Dunn suggested use of large siphon pumps or burying a large pipe as alternatives. A member of the audi- ence asked about using the mobile, low velocity pumps currently used at the cranberry bogs. Mr. Shea said none of these methods woula move water rapidly enough to solve the problem, although he had no flow figures on various portable pumps. Mr. Cabot stressed the emergency situation and felt that the Board and the DPW had made efforts to go through the necessary channels to obtain this certification. Carl Borchert strongly reminded him that over the past 7 years there have been ample opportunities for the Town to take constructive steps toward resolving this recurrent dilemma, yet it has not done so** He feels the Town has continuously dropped the ball on the subject, ever looking for a quick fix but no workable solution safe to all concerns. The Town has been asked to comply with proper filing procedures for many years, and it is expected to do so in the future with respect to other ponds. (****add: withe exception of efforts by Mr. Donald Oliver over the years.) Overall, the Commission expressed regret with being faced with opening the pond as the only proposed solution at the moment, but in this light, voted to accept the request for Emergency Certification. Four members voted in favor, Carl Borchert opposed and Peter Dunwiddie abstained. 3. Requests for Determination a. Michael Bloomberg - 115 Baxter Road. The Commission decided to issue a negative determination stating the work in the request is within the Buffer Zone, as defined in the regulations, but will not alter an Area Subject to Protection Under the Act. The work does not require the filing of a Notice of Intent. 4. Orders of Conditions a. Chase/Hill - SE48-405 - 39 Quidnet Road. Lee Dunn moved to issue a Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -6- minutes of 4-30-87 standard Order of Conditions citing the revised plans. So voted. b. Ronald Bamber - SE48-406 - Alliance Lane (proprietor's road), off Eel Point Road. Lee Dunn moved to issue a standard Order of Conditions to include the following special conditions: 1. The project is to include construction of a 40 foot by 16.5 inch high retaining wall, as shown on the detail sheet. 2. There is to be 6 inches of loam on 2:1 slopes, seeded and matted as shown on the plans. 3. Staked haybales are to be installed prior to any construction and are to be maintained in good condition until construction is complete and ground cover of vigorous plant species sufficient to prevent erosion is established. So voted. 5. Planning Board Referrals a. Quidnet Farms. The Commission decided the project is subject to the Wetlands Protection Act and added the following note to the form letter: This project as described on the enclosed plans by Hart-Blackwell & Assoc. Inc. date March 28, 1987 has received an Order of Conditions at our meet- ing of April 30, 1987, subject to an unexpired appeal period. The Order of Conditions is for the road construction only. Each house lot will have to be reviewed by the Conservation Commission before building can start. b. Old South Road - Valero. Carl moved to send the usual form letter issuing a negative determination. So voted. 6. Other Business a. Change in office hours. 8 - 11 AM and Tue - Thurs: The revised office hours are Mon - Wed - Fri: 1 - 4 PM. b. Robert Elliott - SE48-361 - Elliott's Way - complete Certificate of Com- pliance. The Certificate which was issued at the last meeting was completed and signed off. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -7- minutes of 4-30-87 c. Ken Cross / Joan Barr - SE48-360 - 17 & 19 Crow's Nest Way - revision in plans. A letter from Nantucket Surveyors, Inc. was read which outlined a revised plan. After review Donald Visco moved to send a letter stating that the proposed design changes would not constitute a significant change in the overall project. So voted. d. Harvey B. Matthews III - SE48-300 - Quidnet Road - review. There was some discussion of various problems which have arisen with the project due to the extremely wet conditions on the property. The Commission decided to table any action pending another field inspection. e. Washington Street extension - results of field inspection and recommendations. Peter Dunwiddie agreed to compose a letter to some of the residents in the area recommending that children be kept off the saltmarsh and adjacent reed edge. f. CZM film - "Portrait of a Coast" - borrowing May 11 - 18; Channel 3. Borchert suggested asking the Nantucket Learning and Resource Center for mission to use their VCR to view the film. The secretary agreed to call make arrangements. Carl per- to g. Census Bureau questionaire. This item is to be forwarded to Paul Bennett at the Post Office. h. Winn, Low & Everett - SE48-383 - Eel Point Road - tech. additions to a/c. Lee Dunn moved to send a revised page 5-3A to all parties which includes various technical omissions. So voted. 7. Correspondence All correspondence was read and accepted. There being no other business, the meeting was adjourned at 11 PM.