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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 i',,;'c* open ,,;':'/(,,;', 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. ~~llTUCJr~~ C]~ J. 'V .~ ~~~i t; ~J'. i ~~~~~:--I.A.~I -'(', -';'t::~. ./ ll) ~ ()~.......;; ~.~, ORA1,. .__oJj ........ 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.