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HomeMy WebLinkAbout1987-05-14 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 AGENDA FOR MAY 14, 1987 A. PUBLIC HEARINGS 1. Robert S. Yates - Great Point Road 2. Elizabeth McIlvain - SE48-407 - Millbrook Road 3. Brent Young - SE48-409 - 118 Orange Street 4. Bruce Connolly - 286 Hummock Pond Road 5. Old North Wharf Company - Old North Wharf 6. M/M Ted Godfrey - 325 Polpis Road 7. Hughes/Lang - Poverty Point 8. Robert Elliott - Lot 903, Elliott's Way, Tom Nevers 9. Richards, Everett, Jackson - Tristram Ave., Dionis B. REGULAR MEETING *.1. Minutes of April 30, 1987 2. Requests for Determination a. Mrs. William E. Cozens - Rhode Island Ave., Madaket b. Bruce/Anne Killen - Westchester Street Ext. c. Steamship Authority - Lot - Skipper Restaurant 3. Other Business a. DEQE Superseding O/C - Madaket Bike Path b. Emergency Certification - DEQE revocation c. Longview Realty Trust - Notice of Noncompliance d. 84 Baxter Road - results of field inspection, recommendation e. Warren's Landing Bid f. Harvey B. Matthews III - tabled from 4/30/87 meeting g. CZM film - Channel 3 showing h. Pochick Ave - Adams St. - letter to Whites 4. Correspondence 5. Field Inspections a. Russell M. Lawton - Cranberry Bogs * 1'. Audience to press in public a. Norman Lanman - Surfside and Siasconset Sewer Projects (late request) Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 MINUTES OF MAY 14, 1987 The public hearings of May 14, 1987 were called to order at 7:30 PM. Members present were: Peter Dunwiddie - chairman, Carl Borchert, Lucy Leske, Henry Wasierski, Lee Dunn and Donald Visco. Members absent were: William Willet. A. PUBLIC HEARINGS 1. Robert S. Yates - Great Point Road. Glen Wills of Nantucket Surveyors, Inc. was present and requested a continuance of the hearing because the applicant was not prepared to present the previously requested additional information. Donald Visco felt it was not appropriate to discuss the project at this time if the applicant was not represented. Carl Borchert moved to continue the hearing for more information and a DEQE file number. So voted. 2. Elizabeth McIlvain - DE48-407 - Millbrook Road. John Shugrue was present as agent. Mr. Shugrue wanted to clarify the sitpulations to be imposed by the Commission, since many controversial aspects of the project had been discussed at previous meetings. Further discussion arose over whether or not the transformer would be in the water, the well, the wood stoops, which Peter Dunwiddie had opposed all along, and the degree of access neces- sary to the house. Carl pointed out that the main problem was keeping people off the fragile pond bank. It was mentioned that the applicant has appeared to try to bend the original desires of the Commission on several points and the general consensus was to close the hearing now. Donald Visco reminded the rest of the Commissioners that often the rights of private property owners are for- gotten, and that those rights should be respected. Discussion turned to grade specifications and septic system flow. Carl and Lucy Leske expressed a desire to see the 8 foot chain link fence eliminated from the plans. Ideas to be incorporated into the Order of Conditions were expressed. Lee Dunn moved to close the hearing. So voted. 3. Brent Young - SE48-409 - 118 Orange Street. Tina Coughanour, wetlands geolo- gist, was present as agent for the applicant from IEP, Inc. She described the lot and intent of the project. The lot is approx. 17,000 sq. ft., nearly level and primarily made up of evesboro sands which are known for being .. ~.."TUCI(t'~ ~:?~.. ~_\~\ Cl 'Ul~ "'\'i _. "I.. i . .\ ~- -. - ~~"~~:--/~i ('~ -';'t.:--=- ........'0 ~ o~"........~1i). ~ "ORAi~ ~~~.. ...."". Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -2- excessively well-drained. Although there is virtually no wetland vegeta- tion on the site, there is both a cattail marsh and a salt marsh in the vicinity. The cattail marsh contains primarily Broad-leaved Cattail, Poison Ivy, Bayberry and Phragmites, while the salt marsh is vegetated with Spartina patens and S. alterniflora. Ms. Coughanour went on to describe the main thrust of the project as being the enlarging and resurfacing of an existing parking area of approx. 10,000 sq. ft. A pavement system known as Grasscrete is proposed which allows rapid stormwater drainage and is aesthetically pleasing. The parking lot is 64 feet from the edge of the wetlands at its closest point and Ms. Coughan- our stressed the applicant is making all efforts to minimize runoff and concentrate all drainage on-site. It is also proposed that all traffic enter the parking lot from Orange St. rather than from Goose Pond Lane, however this is not yet indicated in the plans. Ms. Coughanour concluded by stating IEP anticipated no negative im- pact on the wetlands from the project and opened up discussion to the Commis- sion. Peter Dunwiddie was concerned that no commercial traffic enter from Goose Pond Lane, and asked whether extending the hedge to prevent access was a possibility. He also wondered how much drainage was involved here. Ms. Coughanour replied that extending the hedge as a visual buffer would be no problem and she felt the use of the Grasscrete system ensured proper drain- age on this lot. Lucy Leske asked what the distance to ground water was. Ms. Coughanour stated it is 8-12 feet providing 6-8 feet of filtration. Donald Visco felt the project would be an improvement over what is there presently. Lucy reminded the applicant that even though the new construction/renovation will take place outside the Buffer Zone, the Commission will not allow any stock- piling of debris on the site. Lee Dunn moved to close the hearing. So voted. 4. Bruce Connolly - 286 Hummock Pond Road. No further questions were raised by the Commission. Carl Borchert moved to continue the hearing for a DEQE file number. So voted. 5. Old North Wharf Company - Old North Wharf. No further questions were raised by the Commission. Lucy Leske moved to continue the hearing for a DEQE file number. So voted. Town of Nantucket Conserva tion Commission Town and County Building Nantucket, Massachusetts 02554 page -3- 6. M/M Ted Godfrey - 325 Polpis Road. Peter Dunwiddie read the results of a recent field inspection to the site. Although Mr. Godfrey had been care- ful to firm the parking area, Lucy Leske and other members expressed con- cern over the impact of gullies running off from the parking area on the extensive stands of Highbush Blueberry dominating the area. Mrs. Godfrey asked to hear what the Commission would suggest for grading the edge of the parking area, and added their wishes were to comply with whatever restric- tions became necessary to protect the surrounding wetlands. Donald Visco suggested use of crushed stone to prevent runoff and further stabilize the area. Peter Dunwiddie wanted to see a physical barrier between the parking area and the fresh marsh to prevent erosion and suggested using railroad ties. He also advised revegetation of the lower slope by the house with native vegetation only. Lucy Leske moved to continue the hearing for a DEQE file number. So voted. 7. Hughes/Lang - Poverty Point, Mr. Roger Church was present as agent for the applicant. The Commission quickly discovered it needed more information and detail on the exact location of the addition relative to the marsh, the sewerage plan, necessary setbacks from the marsh, a foundation plan and a contingency for storm/flood insurance for the property. Donald Visco related his experience in the past with having to pump out the sewer on the property and surrounding locations. Lucy Leske moved to continue the hearing for more information. So voted. 8. Robert Elliott - Lot 903, Elliott's Way, Tom Nevers. Mr. Glen Wills of Nantucket Surveyors, Inc. was present as agent with the applicant, Mr. Robert Elliott. Mr. Wills provided a general description of the project in which a new house is proposed 30 feet from a coastal bank. Mr. Elliott added that the houses on either side of this lot are 15 feet from the edge of the bank. Mr. Wills went on to describe the proposed use of snowfencing on the bank side to prevent debris from blowing over. The septic system will be outside of the 100 foot Buffer Zone due to the constraints of the well. Access to the building will be via brick walk and natural vegetation will be used in land- scaping the yard. Lee Dunn raised much concern over additional gullies being created by the well-drilling operation and when the well is flushed. This particular slope is already riddled with roadside gullies from heavy rain runoff and well ~.."TUCI(t'~ ~.. ~a ~~~\ Cl _H/ll "'\'i ~ - -;'. i . ..\ ~_ ~ I ... ~.. ~~:--/II."'i ~... "'-'i'<=--=- .........'O~ 0.9;:........;,'1;). ~ "ORAi~ ~.~~.. ...."" Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -4- activities in the past. Mr. Wills did not offer much recourse, said haybales will be used and there was only one location where the well could go. Discussion turned to the proposed height of the house and its visual impact on the skyline as viewed from the Tom Nevers Pond and Low Beach areas. Both Carl Borchert and Lee Dunn expressed the Commission's interest in working with the Nantucket Historic District Commission on projects of this type where there may well be a consideration for scenic views. There was some discussion with Mr. Wills and Mr. Elliott over whether or not this point was out of order. Mr. Wills claimed the Town's Wetlands By-laws are not filed with the Town Clerk nor given out with Notice of Intent applications from the Conservation Commission office. Peter Dunwiddie agreed to look into the subject. Lucy Leske suggested the applicant supply the Commission with a view of the skyline after the house is in place using a photograph with the house superimposed on it. Carl added the new house shou1a fall in a natural visual line drawn between the peaks of the two abutting houses. Lee Dunn moved to continue the hearing for additional information and dis- cussion. So voted. 9. 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 30, 1987. A suggestion was made to the secretary to begin including the minutes of meetings in related files, as had once been practiced. The minutes of April 30, 1987 were read and Carl Borchert moved to accept them with the following changes: 1) page 5 - paragraph Ill: change "public fresh water supply" to "area's privated wells." 2) page 5 - paragraph 114: add after "yet it has not done so." the phrase, "with the exception of efforts by Mr. Donald Oliver over the years." So voted. *1'. Audience to press in public. a. Norman Lanman - Surfside and Siasconset Sewer Projects (late request). Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -5- Mr. Norman Lanman attended the meeting to get the Commission's reaction to a set of revised plans in order to solve any potential problems ahead of time. Mr. Lanman said the basic problem is the previously issued Order of Conditions dated November 1986 does not allow sufficient room around the perimeter on the dune side for construction. The revised plans moved the boundary line farther out, allowing more room to work and a more gradual slope on which to move equipment. The Commission approved the revised plans and Mr. Lanman agreed to send a letter discussing the changes to the Commission. 2. Requests for Determination a. Mrs. William E. Cozens - Rhode Island Ave., Madaket. The property in question is in moveable sand, and Carl Borchert reminded everyone that a long time ago, the Commission moved that everything over the Smith's Point Bridge was subject to the Wetlands Protection Act. The Commission voted to issue a positive Determination (Donald Visco and Carl Borchert opposed) stating the proposed work requires the filing of a Notice of Intent. b. Bruce/Anne Killen - Westchester St. Ext. Mr. Fred Lane, an abutter, was present to question the project, which had already been undertaken but without Conservation Commission approval. Mr. Glen Wills of Nantucket Surveyors, Inc. was present and had conducted a field viewing. He described the lot as a seasonally wet field, or wet meadow, having wetland plants such as sensitive fern and field grass. Mr. Lane added it is now a filled lot. Donald Visco abstained from formal Commission discussion because he has done work for the applicant, however remained available to provide information on the project. He had done winter excavation using standard procedure, had brought in topsoil and recently backfilled the foundation. The Commission felt the applicant did not apply originally because the building site is 200 ft. from the true wetland nearby. At this point, it is difficult to determine if the house has had any impact on the wet meadow, but it was mentioned the 2 lots next door are not buildable, for future reference. Lee Dunn moved to issue a negative Determination stating the work is within the Buffer Zone but will (did) not alter an area subject to protection under the Act and does not require the filing of a Notice of Intent. So voted. c. Steamship Authority - Lot - Skipper Restaurant. Mr. Paul Harrington was present as agent and briefly described the project to bring enough clean fill to level the lot and stabilize the surface so cars can park safely. There was some concern with the grade and substance to be used to replace Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -6- the cement pad. Carl Borchert moved to issue a negative Determination stating the work described is within the Buffer Zone but will not alter an area subject to protection under the Act, and does not require the filing of a Notice of Intent. A detailed list of stipulations will accompany the Determination as follows: The following, and only the following, work will be allowed: 1) Building demolition. 2) Removal of concrete slab. 3) Filling and leveling of parking lot and depression left by concrete slab. Limit of fill is a straight line between the lamppost and the smallest ventilator on the Easy Street Restau- rant (except where the slab was located). 4) Intallation of a line oflO" x 10" timbers (or similar sized logs) at the line described above to prevent passage of vehicles. Crushed stone surface is acceptable. So voted. 3. Other Business a. DEQE Superseding O/C - Madaket Bike Path. The Order was read and is available in the files. b. Emergency Certification - DEQE revocation. Due to its length, the revocation was not read in its entirety, but is available in the files. c. Longview Realty Trust - Notice of Noncompliance. The Notice was read and is available in the files. d. 84 Baxter Road - results of field inspection, recommendation. The Commis- sion requested the secretary look up the owner and send a letter, which Lucy Leske agreed to compose. e. Warren's Landing Bid. The bid was read and they are due May 28, 1987. f. Harvey B. Matthews III - tabled from 4/30/87 meeting. Discussion surroun- ded fill on the wetland side of the drive, the septic system and construction of a second floor deck and its supports. Lucy Leske agreed to write a letter to Mr. Matthews to include the following: All the fill on the wetland side of the drive and within four feet of the house on the east side must be removed at once. The posts that will Town of Conservation Nantucket Commission Town and County Building Nantucket, Massachusetts 02554 page -7- support the second floor deck will not be allowed in the wetland. Conse- quently, the deck will have to be cantilevered or braced against the house. Sinking footings and posts into the wet areas will adversely affect those areas. g. CZM film - Channel 3 showing. The secretary informed the Commission the film, "Portrait of a Coast" was well received by Tom Sexton at Channel 3 and will be aired 3 times at a cost of $100.00 to the Commission. The station copied the film for inclusion into its film library and hopes to air it again off and on through the summer. h. Pochick Ave. - Adams St. - letter to Whites. Bill Willet had agreed 2 meetings ago to compose a l~er but he was not present to ask if he had yet done so. 4. Correspondence All correspondence was read and accepted. INSERT: Orders of Conditions a. Elizabeth McIlvain - SE48407 - Millbrook Road. Carl moved to issue a standard Order of Conditions to include the following Special Conditions: 1) The installation of a 275 gal. oil tank will be permitted above grade. 2) No deer fence shall be permitted, although the applicant may retain the gate that now exists. An eight foot fence of any construction material that runs all the way to the water will adversely affect the wildlife interests of the Town Wetlands By-Law. 3) No stoops will be permitted on the pond side of the house, except on the northwest corner, where a stoop can be installed that will not extend behond the front edge of the house and where egress can be made to the side (see plans). Throughout this project, the Commission has stressed the need to protect the pond side of the house from pedestrian traffic to ensure the stability of the bank and to prevent erosion and disruption of wildlife. 4) The patio and circular drive will be permitted. So voted. b. Brent Young - SE48-409 - 118 Orange Street. Lee Dunn moved to issue a Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -8- standard Order of Conditions to include the following findings, discus- sion and Special Conditions: I. Findings At the hearing of 14 May 1987, the Nantucket Conservation Commission determined that the work and area described in the above-referenced Notice of Intent is significant to the following interests of the Wetlands Protection Act: ground water supply, prevention of pollution, and land containing shellfish. Furthermore, the area may be significant to the protection of the wildlife interest of the Town Wetlands By-Law. Some of the work and area described lie within 100 feet of a bordering vegetated wetland and a salt marsh. II. Discussion Since the project is no more than a renovation of an already existing com- mercial property, and since the setback of the buildings ~ over 100 feet from the wetlands, the Commission determined that the project as a whole will have no adverse effect on the above-mentioned interests of the Act. The parking lot and drive lie between 28 and 64 feet from the wetlands, a distance that adequately protects the wetlands from runoff and any disturbance that would adversely affect wildlife. The surface materials (crushed stone and Grasscrete) and grading (toward central depressed planting area) of the parking lot shall keep runoff to a minimum and shall improve existing conditions, thus protecting both wetlands from pollution. III. Special Conditions To further protect the wetlands from any pollution or disturbance, the following Special Conditions shall apply: a. Only one entrance to the parking area will be permitted, from Orange Street. b. The existing hedge along Goose Pond Lane shall be extended on both ends to block entrance to the parking area from Goose Pond Lane. So voted. 5. Field Inspections a. Russell M. Lawton - Cranberry Bogs. Mr. Lawton was present to discuss aspects of his agricultural exemption and the interest of the Commission in his current project. He requested a copy of a water flow letter the Commission had received describing requirements of the New Water Management Act. There being no other business, the meeting was adjourned at 10:20 PM.