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HomeMy WebLinkAbout1987-06-25 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 AGENDA FOR JUNE 25, 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. M/M Ted Godfrey - SE48-415 - 325 Polpis Road 5. Cooper/DaSilva - SE48-416 - 53 Madaket Road 6. Bruce Connolly - 286 Hummock Pond Road 7. Mary K. Coffin - 282 & 284 Hummock Pond Road 8. Althia Duerstin - 89 Eel Point Road B. PUBLIC MEETING 1. Minutes of June 11, 1987 2. Audience to press in public a. Ted Tillotson - Beverly Hall - SE48-393 - 44 Tennessee Ave. b. Robert Emack - Winn, Low and Everett - SE48-383 - Eel Point Road 3. Requests for Determination a. Samuel N. Rabinowitz - Old Harbor Road b. Tom W. Hall, Jr. - Squam c. William G. Keller - 256 Polpis Road d. Robert Lang - 8 Pond Street e. J. Gwynne Thorsen - Atlantic Street, Siasconset 4. Orders of Conditions ,;',,',* open .;,,;',.;, 5. Certificates of Compliance a. John Kessler SE48-377 - 19 Wonoma Way, Tom Nevers b. Burrows/English - SE48-351 and SE48-352 - Nantucket Creeks c. Eben and Ann Reese/E. Garrett Bewkes - SE48-198 - Squam Road 6. Other Business a. Walter S. Cairnes - SE48-402 - 118 Baxter Road b. Building Dept.-Morton 7. Correspondence 8. Field Inspections a. Bolling/Dennis - Easton Street - Req/Det b. Fred Church - 137 Polpis Road - Req/Det c. Rhoda Weinman - 282 Polpis Road - Req/Det d. Burrows/English - SE48-351 and SE48-352 - Nantucket Creeks e. Eben and Ann Reese/E. Garrett Bewkes - SE48-198 - Squam Road ''^ ; Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 25, 1987 The public hearings of June 25, 1987 were called to order at 7:30 PM. Members present were: Carl Borchert - Vice Chairman, Lucy Leske, Lee Dunn, Henry Wasierski, Bill Willet and Donald Visco. Members absent were: Peter Dunwiddie - Chairman. A. PUBLIC HEARINGS 1. Robert S. Yates - SE48-408 - Great Point Road. Glen Wills of Nantucket Surveyors was present as agent for the applicant. Mr. Wills explained that the applicant was in the process of scheduling drilling of the observation wells and the Commission would be notified just prior to when drilling would begin. Lucy Leske moved to continue the hearing at the request of the applicant. So voted. 2. Hughes/Lang - SE48-411 - Poverty Point. Applicant Bruce Lang was present for the first time during the hearing. Mr. Lang provided additional details on the project and told the Commission he had never had sewerage problems on the lot in his 27 years of coming to the property. However, he had been wanting to upgrade the sewerage system and expressed his interest in going into the Town sewer. Mr. Lang gave the Commission information on a new Australian sewerage upgrade system known as Bio-filter which he was considering. This is an environmentally sound, totally enclosed, low-cost sewage treatment plant designed for domestic use. There was some discussion over the flood zone in which the property sits. Mr. Lang thought it was in Zone B and had never experienced problems with flood- ing. Lucy Leske remembered a time last winter when that portion of the marsh was completely flooded, but agreed this was a rare occurrence. Continued discussion centered around the proposed concrete slab to be placed beneath the cottage in the existing crawlspace, raising it 2 feet. Mr. Lang next showed the Commissioners the building and foundation plans. He felt raising the cottage would help prevent future flood damage to the build- ing. Carl Borchert wanted to see a DPW permit and a sketch plan from an engi- neer, while Lee Dunn wanted to see a more complete description of the founda- tion plans and protection measures for the nearby marsh drawn onto the plans. Mr. Lang agreed to drop off to the Commission a foundation plan and accompany- ing marsh protection plan prior to the beginning of construction. Lucy Leske moved to close the hearing. So voted. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -2- minutes of June 25, 1987 3. Robert Elliott - SE48-412 - Lot 903, Elliott's Way, Tom Nevers. Glen Wills of Nantucket Surveyors was present as agent for the applicant and requested a continuance of the hearing to give the applicant additional time to work on further design changes per HDC specifications. Minutes of a recent HDC meeting which included Mr. Elliott's application are contained in the file. Lucy Leske moved to continue the hearing at the applicant's request. So voted. 4. M/M Ted Godfrey - SE48-415 - 325 Polpis Road. Since the project had received a DEQE file number, Lucy Leske moved to close the hearing. So voted. 5. Cooper/DaSilva - SE48-416 - 53 Madaket Road. James Glidden of Glidden and Glidden was present as attorney for the applicant and John Shugrue was present as agent. Also present were John Roe of the Nantucket Land Council, Donald Oliver - past superintendent of the DPW, and John McLaughlin of the Nantucket Board of Selectmen. Mr. Glidden began by stating that the original position of the Mosquito Control Commission as headed by Donald Oliver was two-fold: 1) A pipe system was advantageous over a ditch system and could be better maintained by using the manholes located at each end; 2) The project had been executed properly under the jurisdiction of the Mosquito Control Commission and was out of the Con- servation Commission's realm of review. Lucy Leske felt that this project involves more than just culverting an exist- ing ditch, routine maintenance and filling over the pipe to bring it up to natural grade. She felt such projects potentially disrupt adjacent wetlands in the process and indeed should fall under the jurisdiction of the Conserva- tion Commission in order to insure protection of those wetlands. Mr. Oliver continued to feel there was an easement on these connecting pipe systems. Lucy Leske felt the pipes did not solve the drainage problem, did a poor job, and had a Notice of Intent been originally filed, all concerned could have worked together and prevented various problems seen today. Carl Borchert agreed with Lucy that this goes beyond simple mosquito control pro- cedures. John Shugrue felt a simple grading job is all that's needed to solve the standing water problem, and Donald Visco agreed. Carl Borchert highlighted two other points coming into play here: 1) In the early 80's when Olive Keiser owned the property, the Commission deter- mined that anything within 100 feet of the ditch was subject to the Act, and nothing within 20 feet of the ditch which was originally a streambed was to ~",~TUCJr~~ c:;~ )- v .~ t~\~. o 'lIli ... '<, _,I' ,. . ~_ - I : ..K ~-s,. '::"-/.,,"1 ~,,~ -'::':::SJ!! .' C> ~ Ot9b ........~...." III."!""ORA1~..."..~ ---.11..'.... Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -3- minutes of June 25, 1987 be disturbed; 2) Streambeds have wetlands value and the Commission is obligated to protect all wetlands as defined. Mr. Roe felt all should recognize the updated perspective on floodplains protection and outlined the fact that the regulations are set up to pro- tect floodplain capacity. Backing up of water further upstream is not acceptable and the regulations are devised to protect the entire system. Mr. Roe added, if anything, a larger diameter pipe needs to be installed to improve the flow at this particular site. Mr. Oliver questioned any true flooding in the area and whether it is actually in a floodplain. He went on to describe the connection plan of the entire pipe system and normal maintenance procedures. Donald Visco agreed with Mr. Oliver and added the drainage system was created when make-work projects were used to provide work during the thir- ties. He said there were never any cattails present along these routes before the ditches were dug, he felt the Commission was making a mountain out of a molehill, and supports the proposed plans before the Commission. Lee Dunn and Mr. Roe felt the Commission's decision on this application would be precedent-setting and more education and information about the floodplain system was needed. Lucy Leske added that some of the value of wetlands vegetation is that it helps remove heavy metals and pollutants from the water and helps stabilize soils. John Shugrue did not feel this is an area important to recharging groundwater and hydrologically, the pipe there now is large enough to handle the flow. There was extensive discussion over the pipe size and floodplain storage capacity. Mr. Roe felt there was one very important calculation needed here, that of runoff flow. Mr. Oliver felt this particular pipe is the weakest link in the whole system and needs attention. Mr. Glidden suggested the Town perform a drainage survey similar to one done privately long ago, and added he felt the main problem is Hummock Pond's water level being too high and creating high water levels upstream. Mr. McLaughlin said he had worked with the Mosquito Control Commission in years past and expected to see common sense exercised by the Conservation Commission on this matter. He felt the system works fine now and should be improved upon with an eye to the future. After additional discussion about pipe size and ditch maintenance responsi- bility, Mr. Glidden proposed consulting Town Counsel on the matter. Lee Town of Conservation Nantucket Commission Town and County Building Nantucket, Massachusetts 02554 page -4- minutes of June 25, 1987 Dunn felt that with what we know now, as the regulations now stand, the ditching system would never have been approved today. He felt Mr. Roe's concerns were cogent and was concerned about the potential magnitude of a decision on this application. Questions continued about whether the town or the state can drain or pipe any areas they choose in order to control mosquitoes, without Conservation Commission review. Mr. McLaughlin felt the town could take appropriate measures when in the best interest of public health. Carl Borchert agreed to contact Lealdon Langley at DEQE about the discussion and request clari- fication on the matter. Lucy Leske moved to continue the hearing for more information and a dis- cussion of the easement question. So voted. 6. Bruce Connolly - 286 Hummock Pond Road. Lucy Leske moved to continue the hearing for a DEQE file number and more information. So voted. 7. Mary K. Coffin - 282 & 284 Hummock Pond Road. John Shugrue was present as agent for the applicant and requested the application be withdrawn. Mr. Shugrue agreed to send a letter to that effect. Lucy Leske moved to with- draw the application at the applicant's request. So voted. 8. Althia Duerstin - 89 Eel Point Road. Glen Wills of Nantucket Surveyors was present as agent for the applicant. The results of a recent field inspection were read, and the relative location of the proposed activity with respect to the bluff ridge line and Buffer Zone was confirmed. Lucy Leske moved to continue the hearing for a DEQE file number. So voted. B. PUBLIC MEETING 1. Minutes of June 11, 1987. The minutes of June 11, 1987 were read and accept- ed with the following change: ,'~ page 1 - paragraph 6: change "Carl Borchert moved" to "Carl Borchert suggested" Henry Wasierski moved to accept the minutes with the above change. So voted. 2. Audience to press in public a. Ted Tillotson - Beverly Hall - SE4B-393 - 44 Tennessee Ave. Mr. Tillotson had been waiting for Peter Dunwiddie to be present so as to discuss a Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -5- minutes of June 25, 1987 conversation with Town Counsel about appealing the Commission's denial of the project. Carl Borchert suggested Mr. Tillotson send a copy of his most recent submission on the matter to all Commission members to facilitate discussion at the next meeting. Mr. Tillotson agreed to do so. b. Robert Emack - Winn, Low and Everett - SE4B-3B3 - Eel Point Road. Mr. Emack was present to request another revision to page 5-3A of the Order of Conditions. The correct plans to be cited in the Order were agreed upon, and a second revision will be typed up and sent out to all involved parties. 3. Requests for Determination a. Samuel N. Rabinowitz - Old Harbor Road. John Shugrue was present as agent for the applicant. Lee Dunn moved to issue a negative determina- tion stating the work described in the request is within the Buffer Zone but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent. The following note was included: Add siltation barrier (haybales) downslope on your property and maintain it until the berm is fully vegetated. So voted. b. Tom W. Hall, Jr. - Squam. Aileen Barth was present as agent for the applicant. Lee Dunn 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. Therefore, said work does not require the filing of a Notice of Intent. The following note was included: A snow fence shall be installed and maintained in good condition throughout construction 20 feet from the east end of the east wing and the width of the lot. So voted. c. William G. Keller - 256 Polpis Road. The results of a recent field in- spection were read. Lee Dunn moved to issue a negative determination stating the work described in the request is within an Area Subject to Protection Under the Act, but will not remove, fill, dredge, or alter Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -6- minutes of June 25, 1987 that area. Therefore, said work does not require the filing of a Notice of Intent. The following note was included: Rails are to be repaired only - not added to or altered. Use trench machine 3 - 6" wide only. So voted. d. Robert Lang - 8 Pond Street. Lee Dunn moved to issue a negative deter- mination stating the area described in the request is not an Area Subject to Protection Under the Act. The following notewas included: No work allowed within 100 feet of the pond without a Notice of Intent. So voted. e. J. Gwynne Thorsen - Atlantic Street, Siasconset. Lee Dunn 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. Therefore, said work does not require the filing of a Notice of Intent. The following note was included: Install and maintain a snow fence behind the width of both buildings (20 feet) during construction and allow wetland to grow back - no further activity allowed there. So voted. 4. Orders of Conditions a. M/M Ted Godfrey - SE48-415 - 325 Polpis Road. Lee Dunn moved to issue a standard Order of Conditions to include the following Special Conditions: 1) To prevent runoff, crushed stone or other previous materials shall be used as surface material in the parking area. 2) To prevent erosion and siltation of the wetland, a physical barrier such as 10 X 10 inch railroad ties shall be installed at the edge of the parking area adjacent to the marsh. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -7- minutes of June 25, 1987 3) Lower slope by the house shall be revegetated with native species, such as bayberry, Rosa rugosa, Clethra, etc. 4) No further brushcutting shall be permitted in or near the marsh. So voted. 5. Certificates of Compliance a. John Kessler - SE48-377 - 19 Wonoma Way, Tom Nevers. to issue a Certificate of Compliance certifying that by the above-referenced Order of Conditions has been completed. So voted. Lee Dunn moved the work regulated satisfactorily b. Burrows/English - SE48-351 - and SE48-352 - Nantucket Creeks. Prior to issuing a Certificate of Compliance, the Commission decided to perform a field inspection first. c. Eben and Ann Reese/E. Garrett Bewkes - SE48198 - Squam Road. Prior to issuing a Certificate of Compliance, the Commission decided to perform a field inspection first. 6. Other Business a. Walter S. Cairnes - SE48-402 - 118 Baxter Road. Glen Wills was present as agent for the project. Mr. Wills proposed for the applicant to land- scape an area on the plan which he requested the Commi.ssion find to be a non- significant change to the Notice of Intent. Lucy Leske agreed to send a letter stating the plans are not significant changes and that the Commission requires that the siltation fencing be maintained throughout the project until its completion. The line of fencing shall be extended to the end of the lot lines and no more than six inches of topsoil may be added within the green lines shown on the plans submitted 25 June, 1987, dated 19 March, 1987. b. Building Dept. - Morton. A letter from Stephen Butler of the Building Dept. was read requesting a determination as to whether the dune as depicted on the plan constituted a primary coastal bank or if not, does the line of brush mark the start of upland vegetation. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -8- minutes of June 25, 1987 Robert Leichter was present with Mrs. Morton, and Glen Wills of Nantucket Surveyors was also present. Lee Dunn moved to send Mr. Butler a letter stating the dune does indeed constitute a primary coastal bank and the line of brush on the map does mark the start of upland vegetation. There- fore, the proposed dwelling does not lie between the water and the pri- mary coastal bank or the line of upland vegetation, and thus is not in conflict with the zoning by-law. So voted. While the project was being discussed, Mr. Leichter and Mr. Wills took the opportunity to present a solid foundation plan to the Commission. They also confirmed that the driveway is being constructed as shown on the plans. 7. Correspondence All correspondence was read and accepted. There being no other business, the meeting was adjourned at 10:30 PM. ~....~ ~~!.~A ~~~_ \~t 01 'lIla t: fi, }I.. i ..\ .".... ~.. "- I." ~ ~..... -TO,:;: - ....;..,C>.F 0t9::........;;9. , "'."'ORA1.. "..~ ........111"". Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 CONSERVATION COMMISSION PUBLIC MEETING SCHEDULE THROUGH 1987 All meetings are scheduled for Thursdays at 7:30 PM and are held in the Selectmen's Meeting Room, Town and County Building. September 3 , 1987 September 17, 1987 October 1 , 1987 October 15, 1987 October 29, 1987 November 12, 198' December 3 , 1987 December 17, 198 ~ NOTE: 1988 meetings start with ~ "-., , 1 \\ .-' ,\\ \ V \ -..,j ',,--, '- \ '(J~~ r . ____~ \ ~-I ", / \ ", \ \ l\ ,