HomeMy WebLinkAbout1987-06-11
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
AGENDA FOR JUNE 11, 1987
A. PUBLIC HEARINGS
1. Robert S. Yates - SE48-408 - Great Point Road
2. Hughes/Lang - SE48-411 - Poverty Point
3. Robert Elliott - SE48-412 - Lot 903, Elliott's Way, Tom Nevers
4. Lawrence & Shirley Schaffer - SE48-414 - 12 Tennessee Ave., Madaket
5. M/M Ted Godfrey - 325 Polpis Road
6. Bruce Connolly - 286 Hummock Pond Road
7. Mary K. Coffin - 282 & 284 Hummock Pond Road
8. Cooper/DaSilva - 53 Madaket Road
9. Althia Duerstin - 89 Eel Point Road
B. PUBLIC MEETING
1. Minutes of May 28, 1987.
2. Audience to press in public
a. James Gay et al - Marion H. Morton - SE48-281 and SE48-341 - driveway const.
3. Requests for Determination
a. Stephen R. Karp - North Road
b. Martin D. Fife - Hulbert Ave.
c. Samuel N. Rabinowitz - Old Harbor Road
d. Tom W. Hall, Jr. - Squam
e. William G. Keller - 256 Polpis Road
4. Certificate of Compliance
a. John Kessler - SE48-377 - 19 Wonoma Way, Tom Nevers
5. Orders of Conditions
a. Richards, Everett, Jackson - SE48-413 - Tristram Ave., Dionis
6. Planning Board Referral
a. Marsh View Estates - off Pocomo Road
7. Other Business
a. Old North Wharf Company - SE48-410 - Old North Wharf - O/C signing
b. Washington Street Extension - compose letter
c. Computer quotes - review by Commissioners
8. Correspondence
9. Field Inspections
a. Cooper/DaSilva - 53 Madaket Road
b. Martin D. Fife - Hulbert Ave.
c. Samuel N. Rabinowitz - Old Harbor Road
d. Tom W. Hall, Jr. - Squam
e. William G. Keller - 256 Polpis Road
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 11, 1987
The public hearings of June 11, 1987 were called to order at 7:30 PM. Members present
were: Peter W. Dunwiddie - Chairman, Carl Borchert, Lucy Leske, Henry Wasierski, Bill
Willet. Members absent were: Lee Dunn, Donald Visco.
A. PUBLIC HEARINGS
1. Robert S. Yates - SE48-408 - Great Point Road. Glen Wills of Nantucket
Surveyors, Inc. was present as agent for the applicant. Arthur Reade of
Reade and Alger represented abutters Plukas and Cairnes.
A letter dated June 9, 1987 from the Daylor Consulting Group was read which
responded to the Commission's request for additional information on the
geohydrology of the Yates site and the potential for pollution impacts
associated with the subsurface sanitary system. The Group's Senior Environ-
mental Scientist, Lester B. Smith, Jr., proposed drilling 6 observation wells
in an east to west transect across the property, spaced every 50 feet.
The letter asked for the Commission's approval of the proposed work.
Mr. Reade expressed
the weight and size
the dune ecosystem.
by hand-drilling.
concern that even the tests themselves, in particular
of the drilling rig, could have adverse effects on
Mr. Wills said it is not possible to perform the tests
A memorandum from Henry Reeder of the Wauwinet Land Owners Association was
read which summarized a similar wetlands case in Eastham, Mass. (Fox). The
Fox project to build on a barrier beach had been denied by the DEQE on the
basis that the dwelling would interfere with dune migration, the septic
system would pollute the shellfish beds, and the project was in violation
of Executive Order No. 181 which directs state agencies to prohibit develop-
ment in primary dune areas of barrier beaches. Mr. Reeder urged the Commis-
sion to deny the application.
suggested
Carl Borchert /\ to send a letter authorizing the work on the observation
wells with the following stipulations: 1) The Commission shall be notified
just prior to when the work is about to start, and 2) the Commission shall
be notified just as the work is about to finish. He felt this advance noti-
fication would allow ample opportunity to inspect the site for damage to
the dunes and surrounding vegetation.
Lucy Leske moved to send the letter and to continue the hearing. So voted.
Town of Nantucket
Conservation
Commission
Town and County Building
Nantucket, Massachusetts 02554
page -2-
minutes of June 11, 1987
2. Hughes/Lang - SE48-411 - Poverty Point. Since no representative was present
and there has been no activity on the project for 6 weeks, the secretary
was asked to find out the status of the project.
Carl Borchert moved to continue the hearing for more information. So voted.
3. Robert Elliott - SE48-412 - Lot 903, Elliott's Way, Tom Nevers. Glen Wills
of Nantucket Surveyors, Inc. was present as agent for the applicant. Mr.
Wills supplied the Commission with an additional photo of the site providing
another view. Carl Borchert said he had met with the HDC 2 nights prior
to inform them of the Commission's recommendations on the height and dimen-
sions of the house and to discuss the possible infringement on scenic views.
Mr. Elliott was schduled to meet with the HDC himself the following week.
Lucy Leske moved to continue the hearing. So voted.
4. Lawrence and Shirley Schaffer - SE48-414 - 12 Tennessee Ave., Madaket. Robert
Emack of Nantucket Surveyors, Inc. was present as agent for the applicant.
Mr. Emack assured the Commission that snowfencing would be in place for the
duration of the project as shown in the plans, and that he was well aware
of the fragility of the nearby saltmarsh.
Carl Borchert moved to close the hearing. So voted.
5. M/M Ted Godfrey - 325 Polpis Road. Carl Borchert moved to continue the
hearing for a DEQE file number. So voted.
6. Bruce Connolly - 286 Hummock Pond Road. Robert Emack of Nantucket Surveyors,
Inc., agent for the applicant, had requested a field inspection. The
Commission felt no summer emergency exists, did not want any filling to
occur off the edge of the eroding bluff, and gave its consent to moving the
house back if the applicant saw that as an alternate solution to the problem.
Carl Borchert moved to continue the hearing for a DEQE file number. So
voted.
7. Mary K. Coffin - 282 & 284 Hummock Pond Road. John Shugrue was present as
agent for the applicant. Carl Borchert moved to continue the hearing for a
field inspection and a DEQE file number. So voted.
8. Cooper/DaSilva - 53 Madaket Road. John Shugrue was present as agent for
the applicant, and Arthur Reade of Reade and Alger, James Glidden of Glidden
and Glidden, and Donald Oliver, former DPW superintendent, were also present
to discuss this project to drain old mosquito ditches off Madaket Road.
Town of Nantucket
Conservation Commission
page -3-
minutes of June 11, 1987
Town and County Building
Nantucket, Massachusetts 02554
There was some discussion of an enforcement order issued by the Commission
and the DEQE's Notice of Noncompliance issued on previous activty on the
lot. Mr. Reade represented the former owners, Long View Realty Trust/
Shirley Jones. He gave a brief history of the property. Formerly, the
DPW had recommended the ditch in question be replaced by a pipe. He said
this has been a disturbed area for some time and was not aware of any
environmental damage which would result from installation of a drainage
pipe. There was some discussion over whether this is a natural or a man-
created wetland.
Both Peter Dunwiddie and Lucy Leske suggested contacting DEQE to determine
in whose venue this is. Mr. Glidden read portions of the original enforce-
ment order. Peter added that the Commission had determined long ago that
the state must enter into any "mosquito control" activities, including
attempts by private landowners. Carl Borchert questioned whether this
constitutes a bonafide mosquito control activity.
Mr. Oliver clarified the ditch cleaning process for the benefit of all present.
He explained that when he was head of the DPW, he made efforts for the work
to be included in mosquito control programs based on the Cape. He conceded
that he probably should have contacted the Conservation Commission at the
time, but honestly felt he was proceding within his jurisdiction. He added
that when the ponds were opened regularly in past years, he did not have
nearly the problem existing today. Nevertheless, he felt this proposed plan
would improve the drainage in the area generally.
Mr. Glidden commented on a recent phone conversation with Peter Dunwiddie in
which he relayed the applicant's wish to cooperate with the Commission and
asked for what they felt would be an acceptable procedure. The next contact
he had on the matter was the enforcement order. After giving a description
of former ditch cleaning operations, he then questioned which was more impor-
tant, mosquito control or protection of the vegetation.
Peter again suggested the Commission determine under whose jurisdiction this
falls and straighten out the procedure. Lucy Leske moved to continue the
hearing for more information and a DEQE file number. So voted.
9. Althia Duerstin - 89 Eel Point Road. Glen Wills of Nantucket Surveyors, Inc.
was present as agent for the applicant. He described the project to put a
small addition on a cottage and to construct another dwelling located approx.
85 feet behind the bluff line at Dionis.
Results of the field inspection stated the addition on the cottage will
impact minimally and the proposed house, 10-15 within the Buffer Zone, will
not impact on the bank. Bill Willet moved to continue the hearing for a DEQE
file number. So voted.
Town of Nantucket
Conservation Commission
page -4-
minutes of June 11, 1987
Town and County Building
Nantucket, Massachusetts 02554
At this point in the meeting, Chairman Peter Dunwiddie left to attend the Wannacomet
Water Company / Washing Pond public hearing, and turned the meeting over to Vice
Chairman Carl Borchert.
B. PUBLIC MEETING
1. Minutes of May 28, 1987. Henry Wasierski moved to accept the minutes as
written. So voted.
2. Audience to press in public
a'. (insert) Woodbury Lane Company - Renee Ceely. Ms. Ceely was present
to summarize and agree on details discussed at a recent on-site confer-
ence with the Commission. Leo Asadorian was also present to discuss
excavation plans, disruption and subsequent revegetation of the wetland.
The results of the June 8, 1987 field inspection were read and there
was some discussion of the vegetative buffer and reduction of grade on
the site. The Commission had no further questions about the plans as
presented.
a. James Gay et al - Marion H. Morton - SE48-281 and SE48-341 - driveway
const. Mr. James Gay was present to highlight what he felt might be
a violation of Ms. Morton's Orders of Conditions on the two projects.
He had perused the files and in SE48-281 had found no engineered foun-
dation plan. In SE48-341 he wanted to see a topographic site plan for
the driveway construction. His concerns surrounded a possible negative
impact on the primary dune in this particularly fragile barrier beach
area, and he had recently observed activity on the site which he questioned
as being in keeping with the Order of Conditions.
A letter from David E. Stein of The Wauwinet House was read in which he
aired his concerns for this fragile area. He also asked that the Commis-
sion respect the integrity which The Wauwinet House had shown when pre-
sented with various engineering problems during their own filing. He
asked that the same consistent standards be imposed on Ms. Morton's
activities.
Melissa Philbrick, attorney for The Wauwinet House, was present and stated
Mr. Stein had not been aware at the time of the letter that Ms. Morton
did not have an application before the Commission for the activity in
question. She went on to explain she could not locate the revised Jan. 1987
plans cited in the Order of Conditions in the Commission's files.
Town of Nantucket
Conservation Commission
page -5-
minutes of June 11, 1987
Town and County Building
Nantucket, Massachusetts 02554
Lucy Leske recalled that during the hearing, the Commission had
determined this was not a dune area but a solid stable upland habi-
tat. There continued some discussion about the DEQE superseding
Order of Conditions imposed on the project. Mr. Gay elaborated on
what he felt were diversions from the original plans such as altera-
tion of the dune area, a walkway to the beach and location of the
driveway.
Carl Borchert said with regards to the driveway, procedurally any
further action is out of the Commission's jurisdiction, and suggested
Mr. Gay file an appeal with the DEQE requesting a field inspection.
With regards to the foundation, Carl wanted to pursue the plans fur-
thur to make sure it is adequate for the bearing strength of the
soil and that it meets the building code for flood prone areas. This
would require the foundation plan be stamped by a registered engineer.
Lucy Leske moved to send a letter to this effect which Carl agreed to
write. So voted.
3. Requests for Determination
a. Stephen R. Karp - North Road. James Gay of Engineering Management
Consultants, Inc. was present as agent for the applicant. David Champoux
was also present and explained that although the work has been nearly
completed, and the applicant did not realize due to the nature of the
project that filing was necessary. the integrity of the bank has been
maintained.
Lucy Leske moved to issue a negative Determination stating the work
described in the request 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. So voted.
b.
Martin D. Fife - Hulbert Ave.
The Commission felt there was
cation on the materials to be
No agent was present for the applicant.
not enough detail included in the appli-
used and groin specifications.
Lucy Leske moved to issue a positive Determination stating the work
described in the application is within an Area Subject to Protection
Under the Act and will remove, fill dredge or alter that area. There-
fore, said work requires the filing of a Notice of Intent. So voted.
Town of
Conservation
Nantucket
Commission
page -6-
minutes of June 11, 1987
Town and County Building
Nantucket, Massachusetts 02554
c. Samuel N. Rabinowitz - Old Harbor Road. Carl Borchert moved to
continue the meeting for a field inspection. So voted.
d. Tom W. Hall, Jr. - Squam. Aileen Barth was present as agent for the
applicant and briefly described the project to reconstruct from the
ground up a dwelling which once existed on the site where only a
foundation remains. The old dwelling was formerly known as Chadwick's
Folly. Ms. Barth said landscaping would be minimal consisting of lawns
only. She added it may need work on the septic system in the future.
Carl Borchert moved to continue the meeting for a field inspection.
So voted.
e. William G. Keller - 256 Polpis Road. The meeting for the project to
run utility lines out to a boat house was continued for a field in-
spection.
4. Certificate of Compliance
a. John Kessler - SE48-377 - 19 Wonoma Way, Tom Nevers. The request for
a Certificate of Compliance was continued for a field inspection.
5. Orders of Conditions
a. Richards, Everett Jackson - SE48-413 - Tristram Ave., Dionis. Glen
Wills of Nantucket Surveyors, Inc. was present as agent for the appli-
cant. Bill Willet moved to issue a standard Order of Conditions to
include the following Special Conditions:
*** see pages 7 & 8 ***
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
page -7-
minutes of June 11, 1987
Special Conditions
Richards, Everett & Jackson
Tristram Ave., Dionis
SE48-413
I. FINDINGS
At the public hearings for this project which began in November 1986,
the Conservation Commission determined that the work described in the Notice
of Intent will occur on a coastal beach and coastal dune. It was also deter-
mined that according to Mass. Wetlands Act 310 CMR 10.27 (1), the coastal
beach anc coastal dunes described in the Notice of Intent are significant to
storm damage prevention and flood control. These features are also signifi-
cant to erosion control under the Nantucket To\Vll By-Law, Article 29. Thus,
the following characteristics are critical to the protection of those in-
terests: vegetative cover of the dune, the ability of the dune to move land-
ward or laterally, volume and form of both beach and dune, and the ability
to respond to wave action.
Any project on a coastal beach shall not have an adverse effect by in-
creasing erosion, decreasing volume, or changing form of the beach or an
adjacent or downdrift coastal beach. Also, any groin or solid fill structure
which will interfere with littoral drift shall be constructed as follows:
it shall be the minimum length and height demonstrated to be necessary to
maintain beach form and volume. Also, immediately after construction any
groin shall be filled to entrapment capacity in height and length with sedi-
ment of grain size compatible with that of the adjacent beach.
Any alteration of, or structure on, a coastal dune shall not have an
adverse effect on the coastal dune by affecting the ability of waves to re-
move sand from the dune, disturbing the vegetative cover to destabilize the
dune, causing an increase in potential for storm or flood damage, interfering
with the landward or lateral movement of the dune, or causing removal of
sand artificially.
Coastal engineering structures may be repaired and replaced when re-
quired to prevent storm damage to buildings constructed prior to the effect-
ive date of the Mass. Wetlands Protection Act, provided the applicant demon-
strates that no method of protecting the building other than the proposed
coastal coastal engineering structure is feasible, protective planting is
installed to reduce erosion, and such structures are constructed so as to
minimize adverse effects on adjacent or nearby beaches due to changes in wave
action.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
page -8-
minutes of June 11, 1987
II. DISCUSSION
Neither the coastal beach nor the dune in the proposed work area is
capable an)~ore of fulfilling their purposes of storm damage prevention
and flood control because of severe damage from recent coastal storms.
Furthermore, the property and house in question are imminently threatened
by further storm damage because of the failure of the bulkhead and groins,
and breach of the coastal dunes. Consequently, the repair and filling of the
bulkhead and groins in front of the house only, the construction of bulkhead
returns, and the installation of gabion mats to replenish the coastal beach
and return it to its normal elevation would only help to restore this
severely damaged area. However, the Conservation Commission and Mass. DEQE
are hesitant to approve the stabilization of the dune system in the manner
described in part (5) of the Notice of Intent. It is not certain whether
these measures will have an adverse effect on the adjacent beaches and dunes.
III. CONDITIONS
The following Special Conditions shall apply:
(3) No work shall be permitted in the portion of beach and dune area within
the bulkhead breach until more information or a new Notice of Intent is sub-
mitted to this Commission.
(4) All areas disturbed by construction and by storm damage shall be complete-
ly revegetated with beach grass and other native vegetation like Rosa rugosa,
Bayberry, etc.
(5) The access to the beach that was used by construction vehicles shall be
repaired and restored to a grade compatible with surrounding topography. In
other words, the roadway must be restored so as to reduce erosion and potential
for dune blowout.
So voted.
Town of Nantucket
Conservation Commission
page -9-
minutes of June 11, 1987
Town and County Building
Nantucket, Massachusetts 02554
b. Lawrence & Shirley Schaffer - SE48-414 - 12 Tennessee Ave., Madaket.
Robert Emack of Nantucket Surveyors, Inc. was present as agent for the
applicant. Lucy Leske moved to issue standard Orders of Conditions
to include the following 2 provisions:
1. Snowfencing shall be erected at 5 foot contours, as shown
on the plans.
2. The Order of Conditions and the Certificate of Compliance
for any new building within 100 feet landward of the top
of a coastal bank permitted by the issuing authority under
this Act shall contain the specific condition:
Section 30 (3) of the Wetlands Regulations, promulgated
under G.L. C. 131, s. 40, requires that no coastal engi-
neering structure, such as a bulkhead, revetment, or
seawall, shall be permitted on an eroding bank at any
time in the future to protect the project allowed by
this Order of Conditions.
So voted.
6. Planning Board Referral
a. Marsh View Estates - off Pocomo Road. Lucy Leske moved to advise
the Planning Board that much of Lot 9 and parts of Lots 5,6,7 & 8
are subject to the Wetlands Protection Act. It was mentioned that
of the 10 total lots, 1 is subject to a deed restriction. So voted.
7. Other Business
a. Old North Wharf Company - SE48-410 - Old North Wharf - O/C signing.
The Order of Conditions issued at the last meeting was signed by
the Commission members at this time.
b. Washington Street Extension - compose letter. This item was included
on the agenda because a letter to residents in the area had still not
been sent. The Commission members decided to have Peter Dunwiddie
write it.
c. Computer quotes - review by Commissioners. Two price quotes for
purchase of a personal computer system for the Commission office
were presented:
1) PC'S Limited system with IBM Proprinter and 1200 Baud Short
Modem, hard disk, and Symphony business software $2455.11
2) Nynex IBM system with accessories as in #1 ....... ... $4197.43
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
page -10-
minutes of June 11, 1987
Carl Borchert moved to purchase the PC'S Limited system as quoted.
So voted.
8. Correspondence
a. Perkins-LaFrance, Inc. - SE48-386 - letter from Robert Emack of
Nantucket Surveyors, Inc. requesting approval in writing from the
Commission for changes to the project filed under the Notice of
Intent and a statement that the changes were not major and did not
require the filing of a new Notice. Lucy Leske agreed to write such
a letter.
b. Harvey B. Matthews III - SE48-300 - Polpis and Quidnet Roads - letter.
Mr. Matthews asked to meet with a member of the Commission on site
to clarify various stipulations discussed at prior meetings and in
a letter to him. Peter Dunwiddie was chosen to contact Mr. Matthews
and follow up.
All other correspondence was read and accepted.
There being no other business, the meeting adjourned at 10:10 PM.