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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 *** ~....~ ~p..ltTUCJr;'~ ~~ Iff~~i 1t:\~J':1 1....\ ~.'''''' \.~" '-.....,--~::- pl,. ~ ... ('..... ...:;<:=--:::>-..........'O..~ 'lo.~O~::..........1i). ~~ ""Ao.'_rORAi~ ..'.... ..........."". 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. ~.....~ ,.~~ltTUCJr;''- l~-.y-~~.. 1ft \"'~ "o.~.(JI~ t I - -iU1~ ...\~- . -,' ; · . ~_~ ~ 1 : , A.. ~"''''I ~^' ....:r<-~- ..''0 ~ ,.. .. ... '" ~ O~::........;;~. I' ,,'rORAi~ ....... .............". 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.