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HomeMy WebLinkAbout1987-07-09 j f ",~llTUCJr~~ r~ ~~ ~ '\1- ~.~\~;. 01 'CJla ~r~ ~Jl.. ,. ..\~~~~ . ~~.. ~~-i~i ('... ~-=-. ........ro,l o i;j;........;; <i)' i' ORA1~ ...tJ1 ...."..' Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 AGENDA FOR JULY 9, 1987 A. PUBLIC HEARINGS 1. Robert S. Yates - SE48-408 - Great Point Road. 2. Robert Elliott - SE48-412 - Lot 903, Elliott's Way, Tom Nevers 3. Cooper/DaSilva - SE48-416 - 53 Madaket Road 4. Althia Duerstin - SE48-418 - 89 Eel Point Road 5. Bruce Connolly - 286 Hummock Pond Road B. PUBLIC MEETING 1. Minutes of June 25, 1987 2. Audience to press in public a. Ted Tillotson - Beverly Hall - SE48-393 - 44 Tennessee Ave. 3. Other Business a. Jack Ranieri - change to plans - 39 Meadowview Drive b. Harvey B. Matthews III - SE-48-300 - Polpis and Quidnet Roads - F.I. results c. Vacancy applications - review structure 4. Requests for Determination a. Fred A. Church - 137 Polpis Road b. Bolling/Dennis - 11 Easton Street 5. Orders of Conditions a. Hughes/Lang - SE48-411 - Poverty Point 6. Certificates of Compliance a. Burrows/English - SE48-351 and SE48-352 - Nantucket Creeks b. Eben and Ann Reese/E. Garrett Bewkes - SE48-198 - Squam Road c. Bruce Failing, Jr. - SE48-372 - Hulbert Ave. d. Steele/Hempleman - SE48-273 - 49 Hulbert Ave. e. Emory and Ellen Freeman - SE48-322 - 58 West Chester St. 7. Correspondence 8. Field Inspections a. Charles R. Loftin - New Lane - Req/Det b. Bewkes - Squam Road - Req/Det c. Sawyer/Raben - Eel Point Road - Req/Det d. Steele/Hempleman - SE48-273 - 49 Hulbert Ave. - Cert/Comp e. Emory and Ellen Freeman - SE48-322 - 58 West Chester St. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of July 9, 1987 The public hearings of July 9, 1987 were called to order at 7:30 PM. Members pre- sent were: Peter Dunwiddie - Chairman, Carl Borchert, Lucy Leske, Bill Willet, Henry Wasierski and Donald Visco. Members absent were: one vacancy (Lee Dunn's term expired 6/30/87). A. PUBLIC HEARINGS 1. Robert S. Yates - SE48-408 - Great Point Road. Glen Wills of Nantucket Surveyors was present as agent for the applicant and requested a continuance of the hearing. Mr. Wills said he had attempted to notify the Commission on June 30 that the drilling of the observation wells on the lot was about to begin on July 1, 1987, however, he could not get through the Town switchboard to the Commission. He did add that he felt the drilling operation had gone well and had had minimal impact on the surrounding dune vegetation. Water monitoring was now about to occur at regular intervals. Carl Borchert moved to continue the hearing at the applicant's request. So voted. 2. Robert Elliott - SE48-412 - Lot 903, Elliott's Way, Tom Nevers. Since no representative was present for the applicant, Donald Visco moved to continue the hearing for more information and revised plans from Mr. Elliott per HDC recommendations. So voted. 3. Cooper/DaSilva - SE48-416 - 53 Madaket Road. John Shugrue was present as agent for the applicant and presented some water flow calculations. Mr. Shug~ue said 7.3 cubic feet per second represented an estimated maximum flow figure for the pipe, and he felt the pipe could handle any flooding or high water conditions which could occur. He went on to explain that he calculated this rate as if everything in the watershed flowed straight into the pipe, regardless of any holding capacity of kettleholes in the area. Donald Visco talked about a flume by No Bottom Pond as a means of regulating water flow in the area upstream of the pipe. Henry Wasierski asked retorically why the Madaket Bike Path project hadn't done something to maintain the pipe when they were doing work in. the area. John Shugrue mentioned he though it wasn't possible to increase the pipe size according to the DEQE, recalling a similar situation on a McIlvain pro- ject. Donald Visco felt regardless, now is the time to fix it for good and be done with it. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -2- minutes of July 9, 1987 Carl Borchert moved to continue the hearing for legal advice from our counsel and from Lealdon Langley at DEQE. SO voted. 4. Althia Duerstin - SE48-418 - 89 Eel Point Road. Since the project had received its DEQE file number, Lucy Leske moved to close the hearing. So voted. 5. Bruce Connolly - 286 Hummock Pond Road. No new information was presented on the project. Bill Willet moved to continue the hearing. So voted. B. PUBLIC MEETING 1. Minutes of June 25, 1987. Lucy Leske moved to accept the minutes as written with the following changes: i~ page 6 paragraph #7: change 10 X 10 foot to 10 X 10 inch. i~ page 6 paragraph #2: correct the typo: not to note. So voted. 2. Audience to press in public. a. Ted Tillotson - Beverly Hall - SE48-393 - 44 Tennessee Ave. Mr. Tillotson was present as attorney for Ms. Hall and respectfully requested the Commission reconsider an Order of Conditions issued 3/6/87 which had denied Ms. Hall her project. He said he had worked with IEP, Inc. to present new information. Mr. Tillotson outlined the basis of the original denial which had cited lack of wildlife protection and violation of the scenic views bylaw. Glen Wills of Nantucket Surveyors felt the best way to minimize the impact on wildlife was to revegetate. He also felt the heavy brush and evergreens on the property provided an adequate visual buffer from all directions and made reference to a rather large, 2~ story dwelling immediately adjacent to Ms. Hall's property which was visually quite exposed. Mr. Tillotson asked the Commission to accept his recommendations and those of Nantucket Surveyors and IEP, and to decide to allow Ms. Hall to construct her addition respective of appropriate restrictions. He also expressed Ms. Hall's interest in wetlands protection and wildlife consi- derations. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -3- minutes of July 9, 1987 Peter Dunwiddie discussed the recent site visit and elaborated on the basis of the denial. He proposed reviewing any new information from the applicant and reconsidering the denial. Carl Borchert felt the question on wildlife consideration had been adequately addressed. Mr. Tillotson went on to describe a proposed revegetation plan which integrated with what is there presently and Mr. Wills concurred. Mr. Wills discussed dimensions of the addition and said it was to be 26 feet at its highest point. Mr. Tillotson suggested all Commissioners view the lot to confirm that the proposed 36 shrubs to be planted will create a woodland thicket serving as both wildlife habitat and visual buffer. There was some discussion over which plant species were desireable. The Commission decided they wanted to see a landscaping plan to prevent future surprises and have it in black and white. Lucy Leske moved to reconsider the Order of Conditions and table a decision until a land- scaping plan is received and the site is visited by all Commissioners. So voted. 3. Other Business a. Jack Ranieri - change to plans - 39 Meadowview Drive. After reviewing plans submitted to the Commission, Carl Borchert moved to send a letter stating they did not constitute a major change to the Request for Deter- mination of June 1984. The new septic location still complies with the original Determination and does not require a filing of a Notice of Intent. So voted. b. Harvey B. Matthews III - SE48-300 - Polpis and Quidnet Roads - F.I. results. The results of a 6/29/87 field inspection were read. The consensus of the Commission was that Mr. Matthews was close enough in his activities to compliance with what the Commission had requested earlier, so no response was necessary until the next violation occurs, if any. c. Vacancy applications - review structure. Although the Commission felt a subcommittee was needed to review incoming applications for the position of Conservation Administrator, it decided to wait on forming one until all members were present. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -4- minutes of July 9, 1987 4. Requests for Determination a. Fred Church - 137 Polpis Road. Glen Wills of Nantucket Surveyors was present as agent for the applicant and gave a description of the pro- ject. Dawn Darbey-Dugan and her husband were present to express their concern for their water supply and felt the area in question definitely was a wetland. A letter of opposition was read from Ellen Stark Field who was distressed to learn that a possible reclassification of the Wetlands Restrictions on the property might occur. Carl Borchert read the original 1979 Deter- mination filed by Earle Sheldon. Peter Dunwiddie wanted to review the site and the town wetlands bylaw. It is necessary to determine whether or not over 50% obligate wetland plant species are present prior to issuing a Determination. b. Bolling/Dennis - 11 Easton Street. The results of a recent field inspec- tion were read. Carl Borchert moved to issue a negative Determination stating the work described 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. Therefore, said work does not require the filing of a Notice of Intent. So voted. 5. Orders of Conditions a. Hughes/Lang - SE48-411 - Poverty Point. After some discussion with Mr. Lang about a change in foundation plans (cement block piers instead of a concrete slab), Carl Borchert moved to issue an Order of Conditions to include the following Special Conditions: 1. House shall be constructed on piers instead of slab foundation; house will be raised approx. 32 inches from its present height. 2. Existing septic system shall be abandoned, pumped out, and filled. House shall be connected to town sewer system. 3. 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 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -5- minutes of July 9, 1987 specific condition: Section 30(3) of the Wetlands Regulations, promulgated under G.L. c. 131, s. 40 requires that no coastal engineering struc- ture, such as a bulkhead, revetment, or seawall, shall be per- mitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. 4. There shall be no changes in landscaping between house and saltmarsh. 5. Siltation measures as shown on plans submitted 9 July 1987 shall be installed before any construction work begins and shall be maintained until the project is completed. So voted. b. Althia Duerstin - SE48-418 - 89 Eel Point Road. Lucy Leske moved to issue a standard Order of Conditions to include the following Special Conditions: 1. 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 engineering struc- ture, such as a bulkhead, revetment, or seawall, shall be per- mitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. 2. Disturbed areas shall be revegetated with indigenous species, such as beach grass, Rosa rugosa, and bayberry. So voted. 6. Certificates of Compliance a. Burrows/English - SE48-351 and SE48-352 - Nantucket Creeks. Carl Borchert moved to issue a Certificate of Compliance to each project stating that the work regulated by the Order of Conditions has been satisfactorily completed. So voted. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 page -6- minutes of July 9, 1987 b. Eben and Ann Reese/E. Garrett Bewkes - SE48-198 - Squam Road. Carl Borchert moved to issue a Certificate of Compliance stating that the work regulated by the Order of Conditions has been satisfactorily completed. So voted. c. Bruce Failing, Jr. - SE48-372 - Hulbert Ave. Carl Borchert moved to issue a Certificate of Compliance stating that the work regulated by the Order of Conditions has been satisfactorily completed. So voted. d. Steele/Hempleman - SE48-273 - 49 Hulbert Ave. The Commission decided to perform a field inspection prior to issuing a Certificate of Compliance. e. Emory and Ellen Freeman - SE48-322 - 58 West Chester Street. The Com- mission decided to perform a field inspection prior to issuing a Certi- ficate of Compliance. 7. Correspondence All correspondence was read and accepted. 8. (Insert) Planning Board Referral a. Meadow Farm - off Bartlett Road and Cato Lane. Carl Borchert moved to send a letter to the Planning Board advising them that the Meadow Farm is not subject to the Wetlands Protection Act. So voted. There being no other business, the meeting was adjourned at 9:40 PM.