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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 / / 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 -~, ; 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 \ 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.