HomeMy WebLinkAbout1987-07-23
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Agenda for July 23, 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. Bruce Connolly - 286 Hummock Pond Road
B. PUBLIC MEETING
1. Minutes of July 9, 1987
2. Audience to press in public
a. Ted Tillotson - Beverly Hall - SE48-393 - 44 Tennessee Ave.
3. Other Business
a. Marion H. Morton - SE48-282 - Wauwinet - field inspection report
b. Robert and Anne Howell - Wauwinet - field inspection report
4. Planning Board Referral
a. Smooth Hummocks I
5. Requests for Determination
a. Fred A. Church - 137 Polpis Road
b. Charles R. Loftin - New Lane
c. Sawyer/Raben - Eel Point Road
d. E. Garrett Bewkes - Squam Road, Lot 4
6. Orders of Conditions
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7. Extension Permits
a. Richard Gamble - Pocomo Road - SE48-232
b. Martin Levine - Massachusetts Ave - also, plans change - SE48-334
8. Certificates of Compliance
a. Steele/Hempleman - SE48-273 - 49 Hulbert Ave.
b. Emory and Ellen Freeman - SE48-322 - 58 West Chester Street
9. Correspondence
10. Field Inspections
a. Flint and Judy Beale - Bosworth Road - N/I
b. Michael E. Sparrough - SE48-371 - 68 Miacomet Ave. - Cert/Comp
c. Frank Marks - 23 North Liberty Street - Req/Det
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 23, 1987
Page 1
Minutes of July 23, 1987
The public hearings of July 23, 1987 were called to order at 7:30 PM.
Members present were: Peter W. Dunwiddie - Chairman, Carl Borchert, Lucy
Leske, Lee Dunn, Henry Wasierski and Bill Willet. Members absent were:
Donald Visco.
Re-election of officers was held prlor to the opening of the public
hearings.
1) Carl Borchert nominated Peter W. Dunwiddie as Chairman, to
serve a second term. So voted.
2) Carl Borchert nominated Lee Dunn as Vice-chairman, while
congratulating him on his re-appointment to the Commission.
So voted.
3) Carl Borchert nominated Lucy Leske as Secretary, to serve a
second term. So voted.
4) Carl Borchert nominated Bill Willet as Treasurer. So voted.
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. He explained they were
still in the process of obtaining data from the observation
wells at the site.
Bill Willet moved to continue the hearing at the applicant's
request. So voted.
2. 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.
Bill Willet moved to continue the hearing at the applicant's
request. So voted.
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 23, 1987
Page 2
3. Cooper/DaSilva - SE48-416 - 53 Madaket Road. No agent was
present for the applicant. Peter Dunwiddie explained the
Commission was still awaiting a letter of clarification from
Lealdon Langley at DEQE on the question of which governing body
has jurisdiction over the activities proposed in this project.
Carl Borchert moved to continue the hearing for additional
information. So voted.
4. Bruce Connolly - 286 Hummock Pond Road. Since the Commission
has seen no activity on this application for some time, the
secretary was asked to contact the applicant as to the status
of the project. Lucy Leske moved to continue the hearing for
more information from the applicant. So voted.
PUBLIC MEETING
1. Minutes of July 9, 1987. Lucy Leske moved to accept the
minutes as written. So voted.
2. Audience to press in public
a. Ted Tillotson - Beverly Hall - SE48-393 - 44 Tennessee Ave.
Beverly Hall was present with her attorney Ted Tillotson
and Glen Wills of Nantucket Surveyors to request the
Commission's review of a proposed revegetation plan
applying to her previously denied application.
Mr. Wills gave a description of the existing vegetation and
how the proposed plantings will integrate with it. The
dying pines will be replaced and viburnums and bayberry
will be the primary plant species used for revegetation.
The average plant height will be 13 feet in the SW corner
up to at least 30 feet near the pines. He felt only a
portion of the second story would be visible from the
boatyard.
Mr. Tillotson briefly outlined the basis of the original
denial for the benefit of Commission members not previously
present or involved with the application. He went on to
argue that heavy shrubbery masks the existing building and
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 23, 1987
Page 3
that this proposed addition poses no substantial impact on
the scenic views in the area, particularly in light of the
large, exposed dwelling to the north of Ms. Hall's
property.
Mr. Tillotson also spoke of the value of the proposed
revegetation plan to wildlife which could utilize its
resources throughout the year. He added that the lot is
maintained in a natural state anyway. Ms. Hall provided
black and white photos of views from across Hither Creek.
The height of the proposed addition were discussed and Mr.
Wills said the HDC had approved the 26.5 foot maximum
height. Carl Borchert felt that was still too high as he
had viewed the site from a boat in Hither Creek. Lucy
Leske felt Ms. Hall's project would not make a great deal
of difference considering most of the lots along the creek
are occupied.
The specifics of ammending an Order of Conditions were
discussed. Lucy Leske moved to issue an ammended Order of
Conditions stating:
Under the Nantucket Town Wetlands By-Law, the project
as described in the Notice of Intent shall be allowed
to go forward since the applicant has installed
mitigating measures for the protection of wildlife.
Also, the applicant has shown the Commission that the
interest of Wetlands Scenic Views will not be altered
by this project, provided the maximum height of the
addition is 26.5 feet or less, as shown on the plans.
The following special conditions shall apply and shall
supercede any conditions previously imposed upon this
project:
3) No vegetation shall be removed from the
property surrounding the project unless it lS
dead.
4) Thirty-six new shrubs shall be installed in
the open areas of the property to replace
those lost as a result of construction. The
species shall include viburnum, bayberry,
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 23, 1987
Page 4
blueberry, sassafras, shadbush and other
fruiting native shrubs that will enhance the
wildlife habitat of the area.
The vote taken:
voted.
5 in favor, Carl Borchert opposed. So
3. Other Business
a. Marion H. Morton - SE48-282 - Wauwinet - field inspection
report. The results of a recent field inspection were
read. Glen Wills of Nantucket Surveyors gave details
of plans to provide access during construction which had
certain legal snags due to the need of crossing an
abutter's property. Mr. Wills felt the work could be done
within the original guidelines of the Order of Conditions.
Lucy Leske felt the proposed plan was a favorable move
considering the weight and size of the vehicles involved.
The passage would be over a stable vegetated area, rather
than over dunes.
Melissa Philbrick was present representing the McClintics,
abutters who were concerned about the environmental impact
of the heavy vehicles over their property. She cited the
need to address the impact to the fragile Wauwinet area as
a whole and suggested modifying the original Order of
Conditions to include limitations on size and weight of
the vehicles and a revegetation schedule which guaranteed
the establishment of living plants before winter.
Robert Leichter,
described use of
heavy vehicles.
relative impact
P.E., clarified the access question and
wooden mats to minimize the impact of
There was some discussion about the
of tractor trailers vs. flatbed trucks.
Peter Dunwiddie felt the area in question was a
depositional area in winter, rather than a windscour area,
and any bare spots would likely fill in with blowing sand
and debris. Lee Dunn proposed using a helicopter to save
time and trouble and reduce environmental impact.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 23, 1987
Page 5
Lucy Leske moved to send a letter stating the changes
proposed to the Notice of Intent are not siginificant and
do not require a new filing. The letter will include the
following conditions imposed upon the work:
1) Access drive for construction vehicles shall be no
more than 12 feet wide and shall be surrounded by
snowfencing on all sides.
2) Said access drive shall be abandoned and
stabilized with vegetation (or by other means to
prevent blowout) by 1 January 1988.
3) No areas outside of the snowfencing shall be
damaged except for the area in which the septic
system will be installed.
So voted.
b. Robert and Anne Howell - Wauwinet - field inspection
report. The results of a recent field inspection were
read. Wauwinet resident Jane Lamb spoke of past problems
where the dune sands repeatedly filled in the driveway.
Peter Dunwiddie felt there should be a statement of policy
for dealing with situations like this which could be
attached to deeds. He added this is simply a classic
illustration of natural primary dune movement.
Lucy Leske moved to send a letter stating it is necessary
to file a Notice of Intent for the work proposed to clear
the driveway. In the meanwhile, if access is required over
the dune that blocks the drive, mats must be installed over
the areas to be traversed to prevent erosion and
destabilization of the dune. So voted.
4. Planning Board Referral
a. Smooth Hummocks I. The Commission voted to advise the
Planning Board that the Smooth Hummocks I subdivision is
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 23, 1987
Page 6
not subject to the Wetlands Protection Act. The oplnlon is
advisory only and does not constitute a formal
Determination under the Wetlands Protection Act.
5. Requests for Determination
a. Fred A. Church - 137 Polpis Road. Glen Wills of Nantucket
Surveyors discussed the field viewing results and said the
proposed septic system was faced with constraints placed
by abutting wells. He said the trench was to be 6'4" above
the water table. A percolation test was done in May 1987.
Carl Borchert felt that the lot was subject to the wetlands
scenic view bylaw, but that the project was not violating
ay wetlands scenic view from a public way. Lucy Leske
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. The
following Note applies: A siltation fence must be installed
between the septic system and the kettlehole. The plan as
filed must be followed. So voted.
b. Charles R. Loftin - New Lane. Carl Borchert moved to issue
a negative Determination stating the area described in the
request is not an Area Subject to Protection Under the Act.
So voted.
c. Sawyer/Raben - Eel Point Road. Carl Borchert 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
that area. Therefore, the work does not require the filing
of a Notice of Intent. So voted.
d. E. Garrett Bewkes - Squam Road, Lot 4. 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, the work
does not require the filing of a Notice of Intent. The
following Note applies: A snowfence must be installed at
the edge of the existing lawn and be maintained in good
condition throughout construction. So voted.
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 23, 1987
Page 7
6. Orders of Conditions
*** none ***
7. Extension Permits
a. Richard Gamble - SE48-232 - Pocomo Road. John Shugrue,
P.E. was present for the applicant. Lucy Leske moved to
issue a one year Extension Permit. So voted.
b. Martin Levine - Massachusetts Ave - also, plans change -
SE48-334. John Shugrue, P.E. was present for the
applicant. Carl Borchert moved to write a letter
determining the revised plot plan does not represent a
major change and telling Mr. Levine an Extension Permit is
not necessary until October 1988. So voted.
8. Certificates of Compliance
a. Steele/Hempleman - SE48-273 - 49 Hulbert Ave. Carl
Borchert moved to deny the request for a Certificate of
Compliance, referring to a Feb. 26, 1987 letter from the
Commission on the matter. It stated that until the dune in
front of the home on the beach is replenished and
revegetated, the Commission cannot issue a Certificate of
Compliance. The denial will suggest the applicant comply
with this request immediately during the calm summer
weather, before the fall storm season sets in. So voted.
b. Emory and Ellen Freeman - SE48-322 - 58 West Chester St.
Lucy Leske moved to issue a Certificate of Compliance
certifying that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed. So
voted.
9. Correspondence
All correspondence was read and accepted.
There being no other business, the meeting was adjourned at 9:45
PM.