HomeMy WebLinkAbout1987-08-20
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
AGENDA FOR AUGUST 20, 1987
A. PUBLIC HEARINGS
1. Robert S. Yates - SE48-408 - Great Point Road
2. Robert Elliott - SE48-412 - Lot 903, Elliott's Way, T.N.
3. Cooper/DaSilva - SE48-416 - 53 Madaket Road
4. Flint & Judy Beale - SE48-419 - Bosworth Rd., T.Nevers
5. Bruce Connolly - 286 Hummock Pond Road
6. Harold E. Booker, Jr. - 22 Folger Ave., Surfside
7. Martin McKerrow - 106 West Chester Street
8. Robert Howell - 23 Crow's Nest Way, Wauwinet
B. PUBLIC MEETING
1. Minutes of August 6, 1987.
2. Other Business
a. R. Glidden/R. Laine - Lot 2, off Eel Point Road
b. New Wetlands Regs - Public Hearing Date - 9/17/87
3. Requests for Determination
a. Rhoda Weinman/Polpis Farm Realty Trust - 282 Polpis Rd
b. Ellen Flamm/C. Fraker - Squam Road
c. Muriel & Nevius Curtis - 39 No. Liberty Street
d. William C. Pullman - 52 R Tennessee Ave.
4. Orders of Conditions
a. Flint & Judy Beale - SE48-419 - Bosworth Rd., T.Nevers
5. Cease and Desist Order
a. Michael Bloomberg - 115 Baxter Road
6. Correspondence
7. Field Inspections
a. Steve Lindsay - Wauwinet & Squam Roads - Req/Det
b. Cranberry Construction Co. - W. Chester St. - N/I
c. Patricia M. English - 158 Orange St. - N/I
d. William Willet - 6 Monomoy Creek Rd. - N/I
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 20, 1987
Page 1
MINUTES OF AUGUST 20, 1987
The public hearings of August 20, 1987 were called to order at 7:35 PM.
Members present were: Peter W. Dunwiddie - Chairman, Lee Dunn, Lucy
Leske, Carl Borchert, William Willet and Henry Wasierski. Members
absent were: Donald Visco.
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. Henry Wasierski moved
to continue the hearing for more information. 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 to allow
~ll. Elliott to comply with HDC recommendations on a revised
house design.
Carl Borchert moved to continue the hearing at the applicant's
request. So voted.
3. Cooper/DaSilva - SE48-416 - 53 Madaket Road. A response still
had not be received from Lealdon Langley at DEQE. Lucy Leske
moved to continue the hearing for more information. So voted.
4. Flint & Judy Beale - SE48-419 - Bosworth Road, Tom Nevers.
David Bentley and Elizabeth Churchill were present as agents for
the applicants. The presented an alternate plot plan which
placed the septic system 130 feet from the bank and the house 71
feet from the bank.
Carl Borchert moved to close the hearing. So voted.
5. Bruce Connolly - 286 Hummock Pond Road. Rhoda Weinman
represented the applicant and stated that plans for the
property were as yet undecided. She agreed the file had been
incomplete for some time.
Carl Borchert moved to return the file to the applicant. So
voted.
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 20, 1987
Page 2
6. Harold E. Booker, Jr. - 22 Folger Ave., Surfside. Robert Emack
of Nantucket Surveyors was present as agent for the applicant.
There was some discussion about possible negative impact on the
pond which could vary depending on water level at different
times of the year.
Mr. Emack felt the project complied with Title 5 completely and
there was no problem. Peter Dunwiddie felt it was cutting it
close and would not meet Title 5 for several months of the year
when the water level may go 1 foot higher. There was some
discussion about requiring additional percolation tests at those
times when the level is up.
Carl Borchert suggested requesting some specific information on
1) the accuracy of the water level measurements and 2) exactly
when the water level tends to be higher. Mr. Emack agreed to
look into these points.
Bill Willet moved to continue the hearing for a DEQE file number
and additional information on the water level. So voted.
7. Martin McKerrow - 106 West Chester Street. Glen Wills of
Nantucket Surveyors was present on behalf of the McKerrows and
briefly described the project to add on to a house situated
within 20 feet of a pond. He stated there would be no change in
the number of bedrooms, and hence no change to the septic
system. The house has town water, but is not hooked into the
town sewer.
Lucy Leske and Carl Borchert were concerned that there would be
no change in the height of the structure. Mr. Wills agreed to
verify the height of both the existing structure and the
addition.
Lucy Leske moved to continue the hearing for more information
and a DEQE file number. So voted.
8. Robert Howell - 23 Crow's Nest Way, Wauwinet. Glen Wills of
Nantucket Surveyors was present as agent for the applicant who
is proposing to 1) remove windblown sand from across his
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 20, 1987
Page 3
driveway (estimated to be less than 10 yards of sand) and 2) to
use snowfencing to help prevent similar action in the future
and to help limit footpath traffic.
Mr. Wills described the plan designed to cut down on wind
channeling through the path in the dune using bins and
snowfencing arranged in a zig-zag pattern. The path would be
reduced from 8 feet wide to 4 feet. The boardwalk to be laid
down would be removed seasonally. The plan would hopefully
reduce sand removal to every 2 years.
Henry Wasierski felt strongly that people who live next to sand
dunes should be prepared to drive through sand to get to their
houses and should own 4 - wheel drive vehicles. One of
his reasons for joining the Commission was to represent his Vlew
that the dunes b~long left in their natural state and that
people should respect their natural structure and movement.
Peter Dunwiddie added that historically there were few problems
of this nature, but now people tend to ignore the fact that
dunes "walk backward", often across private property.
Henry and Peter suggested bringing the grade of the drive up
with hardening, a practice which would in no way destabilize the
dune and would be a safe, sound alternative. Peter also wanted
to see the exact location of the proposed snowfencing
arrangement. Mr. Wills agreed to provide a cross-section of the
site.
Carl Borchert moved to continue the hearing for more details and
a DEQE file number. So voted.
B. PUBLIC MEETING
1. Minutes of August 6, 1987. Carl Borchert moved to accept the
minutes as written. So voted.
2. Other Business
a. Richard Glidden/Richard Laine - Lot 2, off Eel Point Road.
Richard Glidden and John Shugrue were present as agents for
Mr. Laine. They discussed a recent DEQE site visit based on
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 20, 1987
Page 4
an appeal filed by Mr. Laine requesting a DEQE Superseding
Order of Conditions. Mr. Laine's main question was on
the Commission's legal jurisdiction over the height of his
proposed dwelling as it impacts wetlands scenic views. The
Order stipulates the max. height of the house be 22 feet
above existing grade at the grade's lowest elevation.
Shugrue and Glidden presented a revised HDC - approved plan.
Mr.Shugrue elaborated on the original appeal. Mr. Laine
felt there was some ambiguity about the wording in the Order
of Conditions issued on 2/27/87 regarding the height above
existing grade and requested an ammendment to it. Mr.
Shugrue offered to go get additional plans from his office
and return to the meeting for further discussion.
After Mr. Shugrue returned, there was extensive discussion
about the height of the dwelling. Suggestions of lowering
the house were eliminated due to rot and drainage problems.
Mr. Shugrue said it had the same ridge elevation as the
Winn, Low & Everett house approved on Eel Point Road. Lee
Dunn conceded the design was better than many other large
houses and that the inter-relationship of height and massing
should be considered. Lucy Leske felt it fit nicely into
the landscape.
Peter Dunwiddie was concerned about the widow's walk. Carl
Borchert noted there was no HDC approval shown on the plans
and felt uneasy about that. Mr. Shugrue agreed to find the
HDC - approved plans and to put the request for ammend~ent
to the Order of Conditions to the Commission in writing.
b. New Wetlands Regulations - Public Hearing Date - 9/17/87.
This item was included to formally confillTI the date of the
opening of the Public Hearing to discuss the draft of New
Wetlands Regulations for the Town of Nantucket.
3. Requests for Determination
a. Rhoda Weinman/Polpis Farm Realty Trust - 282 Polpis Road.
Robert Emack of Nantucket Surveyors was present with Rhoda
Weinman. Mr. Emack showed on plans a new septic system
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 20, 1987
Page 5
replacing the failed one. The new system as designed lS
located completely outside of the Buffer Zone.
Lucy Leske moved to issue a negative DetellTIination stating
the area described in the Request is not an Area Subject to
Protection Under the Act. So voted.
b. Ellen Flamm/Christopher Fraker - Squam Road. Lee Dunn moved
to issue a positive Determination stating all/part of the
work described in the Request is within the Buffer Zone as
defined in the regulations, and will alter an Area Subject
to Protection Under the Act. Therefore, said work requlres
the filing of a Notice of Intent. So voted.
c. Muriel & Nevius Curtis - 39 North Liberty Street. Lee Dunn
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.
d. William C. Pullman - 52 R Tennessee Ave., Madaket. Lucy
Leske moved to issue a positive Determination stating
all/part of the area described in the Request is an Area
Subject to Protection Under the Act. Therefore, any
removing, filling, dredging or altering of that area
requires the filing of a Notice of Intent. So voted.
4. Orders of Conditions
a. Flint & Judy Beale - SE48-419 - Bosworth Road, Tom Nevers.
David Bentley and Elizabeth Churchill were present as agents
for the applicants. There being no further discussion. Lucy
Leske moved to issue a Standard Order of Conditions to
include the following Special Conditions:
1. The height of the house is not to be higher than 30.0
feet above natural grade.
2. Snowfencing is to be installed between the house and the
bluff for the width of the lot and is to be maintained
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 20, 1987
Page 6
In good condition throughout construction.
So voted.
5. Cease and Desist Order
a. Michael Bloomberg - 115 Baxter Road. Peter Dunwiddie read
from the original negative Determination issued 5/6/87 which
stated the work described in the Request was within the
Buffer Zone but would not alter an Area Subject to
Protection and did not require the filing of a Notice of
Intent.
However, Mr. Bloomberg appears to have performed recent
work at the site which did not have the Commission's
approval. The activities are now endangering the stability
of the bluff. Lucy Leske moved to send a letter requiring
the following restorative measures immediately:
1. Restore the driveway to the southeast of the house to
original grade and revegetate.
2. Remove from within 100 feet of the bluff the dirt pile
at the end of said driveway and revegetate.
3. Extend the line of snowfencing now in place to the
entire width of the property, parallel to the bluff.
4. Revegetate all other disturbed areas within 100 feet of
the bluff. Do not fill or alter the bluff in any way;
do not discard topsoil, trash, brush or other materials
over the edge of the bluff.
The letter will also state that if these measures are not
carried out within 1~ days of receipt of the letter, the
Commission shall be forced to issue an Enforcement Order on
the project and all work shall be stopped until the matter
is resolved. So voted.
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 20, 1987
Page 7
6. Correspondence
a. Peter Dunwiddie commented on the joint meeting of the
Commission with the Board of Selectmen held on August 12,
1987 to discuss in general the relationship between the two
bodies. He said the meeting went smoothly, with much
discussion and listening on both sides. There was some
concentrated exchange of information on the pros and cons of
pond opening. Looking into the engineering of a dry siphon
was suggested, similar to a system in Brookfield, Mass.
Lucy Leske highlighted the dire need to educate and
communicate with the public and suggested putting an article
in the Inquirer and Mirror to help improve the Commission's
lmage.
Henry Wasierski reflected on the history of Sesachacha Pond
and mentioned white perch migration and shellfish
populations in what was once a salt pond. He strongly felt
that what had been a natural and then man-assisted flushing
of the pond was healthy for the fish and wildlife and
objected to it's near stagnant state now.
b. The Commission decided to have Peter Dunwiddie and Lucy
Leske review the applications to date for Conservation
Administrator and narrow the group down to those they wish
to interview. Letters to those applicants will go out
immediately, with a reply date of Sept. 15, 1987.
c. A letter from Ted and Joyce Godfrey dated August 17, 1987
was read voicing their concern that the Warren's Landing
property be left to revegetate naturally, as is already
occurring, rather than remove the remaining dead debris.
Lucy Leske agreed to write a letter back thanking them for
their interest and suggestions. The letter will state the
Commission's wishes for allowing the natural vegetation to
fill in and natually break down the remaining brush piles.
It will also mention the possibility of hiring a brushcutter
to mow down the pine seedlings in the hope that they will
not reseed and create the same old problem of a dead pine
forest in twenty years' time.
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 20, 1987
Page 8
d. In reference to a Waterways License application filed by
Thomas M. Taylor for a pier and seasonal float on Hulbert
Ave., it appears the plans submitted to DEQE were not the
plans approved in the Order of Conditions. The secretary
was asked to contact the DEQE to clarify the status of the
project.
There being no other business, the meeting adjourned at 9:~5
PM.