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HomeMy WebLinkAbout1987-09-03 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 AGENDA FOR SEPTEMBER 3, 1987 A. PUBLIC HEARINGS 1. Robert S. Yates - SE~8-~08 - Great Point Road 2. Robert Elliott - SE~8-~12 - Lot 903, Elliott's Way, T. Nevers 3. CooperlDaSilva - SE~8-~16 - 53 Madaket Road ~. Harold E. Booker, Jr. - SE~8-~20 - 22 Folger Ave., Surfside 5. Martin McKerrow - SE~8-~21 - 106 West Chester Street 6. William Willet - SE~8-~22 - 6 Monomoy Creek Road 7. Robert Howell - 23 Crm..,r's Nest Way, Wauwinet 8. Cranberry Construction Corp. - West Chester Street 9. Arthur I. Reade - 249 Pol pis Road 10. Kate Mitchell - Lot 2, Valley View Drive 11. Patricia M. English - 158 Orange Street B. PUBLIC MEETING 1. Minutes of August 20, 1987. 2. Other Business a. Ted Tillotson - E. McIlvain - SE48-~07 - Millbrook Road b. R. Glidden/R. Laine - SE~8-396 - Arnrnendrnent to OIC c. Albert L. Manning, Jr. - Hither Creek Boat Yard d. A. Duerstin/B. Peterson - SE48-~18 - 89 Eel pt Rd - rev plan 3. Orders of Conditions *** Open *** 4. Certificate of Compliance a. Jeffrey Cohen - SE~8-2~0 - Hallowell Lane 5. Correspondence 6. Field Inspections a. Michael Bloomberg - 115 Baxter Road - Enforcement Order b. Jeffrey Cohen - SE48-240 - Hallowell Lane - Cert/Comp c. Sherburne Associates - Boat BasinlEaston St. - Nil d. Dooley Family Trust - 7 Polliwog Pond Road - Nil e. Dooley Fa~ily Trust - 11 Polliwog Pond Road - Nil f. Dooley Family Trust - 13 Polliwog Pond Road - Nil g. Barry Lehman - Salt Marsh Road - Nil h. Herbert Goldsmith - 24 Grove Lane - Nil i. Alfred A. Lane - Lot 7~, West Chester Street - Nil J. R. Griffin/M. Zodda - 3 Dionis Beach Road - N/I k. Barth/Taddonio - 79 Eel Point Road - Nil 1. William & Ruth Greider - 10 "F" Street, Madaket - Nil m. Rhoda H. Weinman - 28~ Polpis Road - N/I n. John M. Eaton - 6 Squam Road - Nil Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 3, 1987 Page 1 MINUTES OF SEPTEMBER 3, 1987 The public hearings of September 3, 1987 were called to order at 7:30 PM. Members present were: Peter W. Dunwiddie - Chairman, Lucy Leske, Lee Dunn, Bill Willet, Henry Wasierski, Donald Visco and Carl Borchert. Members absent: none. A. PUBLIC HEARINGS 1. Robert S. Yates - SE~8-~08 - Great Point Road. Glen Wills of Nantucket Surveyors was present as agent for the applicant and requested a continuance of the hearing for more information. Bill Willet moved to continue the hearing at the request of the applicant. So voted. 2. Robert S. Elliott - SE48-~12 - Lot 903, Elliott's Way, Tom Nevers. Glen Wills of Nantucket Surveyors was present as agent for the applicant. Mr. Wills presented the Commission with proposed revised plans to be submitted to the HDC for review. He pointed out a lowered elevation measuring 23 feet at the upper end of the house and 27 feet at the lower end, designed to blend more naturally with the bluff. Lee Dunn wanted to know why the revised plan did not comply with the Commission's request to keep the height below a hypothetical line drawn between the two existing houses. Donald Visco felt the revised design was limited by the natural grade contours. Peter Dunwiddie agreed with Mr. Visco in saying it wasn't worth quibbling over a foot here or a foot there. He added the Commission should concentrate on upholding the wetlands scenic views bylaw. There was some discussion over whether or not to wait to close the hearing pending HDC's approval on height of the dwelling. Donald Visco felt strongly the decision of one Commission should not rest upon the decision of another Commission. He said the HDC should take responsibility for setting height restrictions. With regards to wetlands scenic views, Mr. Visco added the roads in the area are not public ways and the public views in question are technically 1000 feet away. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 3, 1987 Page 2 Lucy Leske asked retorically whether the Commission was about to set a precedent by allowing people to build up a grade and then build on it. However, she basically had no problems with the revised design and felt it was not too different from others in the vicinity. Lucy Leske moved to close the hearing. So voted. Carl Borchert opposed. 3. Cooper/DaSilva - SE~8-416 - 53 Madaket Road. James Glidden was present as attorney for the applicants. Peter Dunwiddie read an August 25, 1987 letter from Elizabeth Kouloheras at DEQE which offered technical assistance to the Commissioners regarding mosquito control projects and this application. Mr. Glidden responded to the letter by saying he felt the third paragraph, in stating written notice must be given landowners when an area has been deemed to pose a health threat, is incorrect because the Town has entered private property for reasons of mosquito control as a routine practice for many years. He stated Nantucket does not belong to any State reclamation district and has no obligation to report its mosquito control activities to a reclamation board. Peter Dunwiddie asked if indeed the mosquito control responsibility had not been delegated to the DPW. Mr. Glidden went on to argue that the whole issue during these hearings has been the fact that mosquito control activities by the Town were exempt from state jurisdiction. He said Donald Oliver, former DPW Superintendent, did not want to be employed by the state and the mosquito control regulations for the Town had been modified at his request. Lucy Leske wanted to clarify the legal definition of mosquito control. Mr. Glidden claimed unfortunately there is no legal definition on the books. He then gave a history of year-round mosquito control project activities which, in part, served to provide employment in past years. He mentioned Bud Clute, who had also been DPW Superintendent at one time, expressed interest in settling once and for all whose responsibility this activity is. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 3, 1987 Page 3 Peter Dunwiddie found it difficult to believe that Town mosquito control projects did not have to report to any reclamation board and that the activities as they pertained to wetlands alteration did not come under any prior review. Carl Borchert referenced a recent news article in which Town Counsel DeRensis said projects such as pond openings would not be considered valid mosquito control measures. Mr. Glidden respectfully recommended the Commission consult Town Counsel now that DEQE had responded. Peter Dunwiddie agreed to contact Town Counsel further on the issue. Carl Borchert moved to continue the hearing for more information. So voted. ~. Harold E. Booker, Jr. - SE~8-~20 - 22 Folger Ave., Surfside. Robert Emack of Nantucket Surveyors was present as agent for the applicant and elaborated on the major concern, separation to ground water. He presented calculations, derived by using the PerkinslJordan formula, estimating the maximum annual ground water elevation at the site which gave ~.~ feet separation. Lucy Leske asked if the pond was a perched or ground water pond. While Donald Visco and Carl Borchert felt it was perched considering the muck layer, Peter Dunwiddie and Mr. Emack stated the pond was part of the outwash river valley system, not an isolated wetland and represented a pretty permeable ground water pond. There was some discussion about wanting water level measurements taken in wet times of the year. Donald Visco added most Town Health Departments in the Commonwealth require percolation tests taken at wet times of the year and made reference to the draft Nantucket Wetlands Regulations which may adopt this requirement. Donald suggested raising the bottom of the septic system 1 foot to meet Title 5 requirements, providing a large surface mound would not be created. Peter Dunwiddie suggested Mr. Emack look into mounting the septic system. Lucy Leske moved to continue the hearing for more information. So voted. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 3, 1987 Page ~ 5. Martin McKerrow - SE~8-~21 - 106 West Chester Street. Glen Wills of Nantucket Surveyors was present as agent for the applicant and assured the Commission that the height of the addition will match the height of the existing dwelling. Lee Dunn moved to close the hearing. So voted. 6. William Willet - SE~8-~22 - 6 Monomoy Creek Road. Bill Willet removed himself from the Commission in order to present his application. Glen Wills of Nantucket Surveyors was present as agent with Mr. Willet. Peter Dunwiddie read the field inspection results and added this was a somewhat marginal lot which may have problems with nitrate leaching into the marsh. The proposed small house would be on Town water, but not Town sewer. The leaching trench is to be 50 feet from the marsh edge. John Roe of the Nantucket Land Council expressed his concern over possible nitrate leaching into the marsh along with wildlife considerations, those being mainly for birdlife utilizing the marsh for feeding, nesting and cover, as well as for shellfish habitat. Mr. Roe wanted to know exactly where the septic system is to be located and its elevation above high ground water. Mr. Willet explained that he was interested in maintaining the edge effect for wildlife and plans to retain as much shrubbery as possible. Mr. Wills added this is a classic example of an upland bank graduating down to fresh and then salt water marsh to the harbor. He felt comfortable that the proposed elevations agreed with respect to ground water. Abutter Lynn Zimmerman was present to express her and her husband's concern that at 22 feet the house is too close to the wetland. They had over the years witnessed very high water In that section of the marsh. Ms. Zimmerman offered to bring photos illustrating potential flooding problems. Lucy Leske moved to continue the hearing for more information and photos from an abutter. So voted. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 3, 1987 Page 5 7. Robert Howell - 23 Crow's Nest Way, Wauwinet. Glen Wills of Nantucket Surveyors was present as agent for the applicant. He submitted a revised plan showing raising rather than removing the sand across the driveway using 8 inches of hardening. The plan to use snowfencing to stabilize the path through the dunes would still be effective. Lucy Leske moved to continue the hearing for a DEQE file number. So voted. 8. Cranberry Construction Corp. - West Chester Street. David Haines of Hydrogeologic Consulting and Glen Wills of Nantucket Surveyors were present to discuss the application. There was some discussion about the driveway construction requiring the filling of Bordering Vegetated Wetlands. Mr. Haines had revised a plan previously filed as a Planning Board Referral on October 29, 198~. The revised plan had reduced the number of house lots from 11 to 2 and had moved one of the houses further away from the \..;etland. Mr. Haines went on to describe plans for protecting the adjacent wetlands using siltation fencing and mirafe fabric to give the driveway a stable base. There was some discussion about the driveway placement and the option of using a trestle bridge. The question of an easement necessary for one of the driveways was discussed. Carl Borchert wanted to see more detail on routes for sewer and water as well as plans for replication. Lee Dunn moved to continue the hearing for more information from the applicant. So voted. 9. Arthur I. Reade - 2~9 Polpis Road. Mr. Reade was present with Tina Coughanour of IEP to discuss his application. Ms. Coughanour described the site in detail and stated all work is to be done outside the Buffer Zone with the exception of the driveway. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 3, 1987 Page 6 Mr. Reade presented photos for the Commission's consideration of wetlands scenic views from the road and Altar Rock. The Commission overall felt the project would in no way obscure any scenic views and liked the 25'6" average height of the house (27'9" max. ht.). Lucy Leske felt it fit nicely into the knoll as designed. Lee Dunn moved to continue the hearing for a DEQE file number. So voted. 10. Kate Mitchell - Lot 2, Valley View Drive. Kate Mitchell was present with Tina Coughanour of IEP to discuss the application. Jeffrey Blackwell of Hart and Blackwell was also present. Ms. Coughanour gave a brief description of the project. She said this was a ground water wetland, not a perched wetland, and the septic was to be located 95-100 feet from the wetland boundary. Lucy Leske wanted to know the exact distance to groundwater, a measurement not clear from the plans. Mr. Blackwell attempted to clarify by stating that when a test pit was driven in August 1987, groundwater was at least ~ feet below the leaching field. Lucy felt it was necessary to know where it is at wet times of the year, in March. for instance. There appeared to be some discrepancy when Mr. Blackw'ell then stated groundwater was located at 16 feet. Lucy's and Peter Dunwiddie's concerns ~ere founded on previous problems experienced with a project nearby, Perkins-LaFrance, where the applicant had to use a pump to improve the septic system. Mrs. Polchanis and Dorothy O'Reilly, abutters, asked why the applicant couldn't be required to hook into the proposed Town sewer line. They were also concerned with pollution of the water supply. Donald Visco replied that the Town line would not be ready for another 2 years and suggested redesigning the septic plan to redistribute the leaching fields, thus gaining distance to groundwater. Ms. Mitchell favored this suggestion and agreed to present revised septic plans. Henry Wasierski moved to continue the hearing for a revised plan and a DEQE file number. So voted. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 3, 1987 Page 7 11. Patricia M. English - 158 Orange Street. Glen Wills of Nantucket Surveyors was present as agent for the applicant and briefly described the project. There was some discussion of the surface of the tennis court and concern that the runoff be directed away from the wetland. Mr. Wills commented on the "Hard-true" surface to be used. Carl Borchert moved to continue the hearing for a DEQE file number. So voted. B. PUBLIC MEETING 1. Minutes of August 20, 1987. Lucy Leske moved to accept the minutes as written. So voted. 2. Other Business a. Ted Tillotson - E. McIlvain - SE~8-~07 - Millbrook Road. Mr. Tillotson was present to request the Commission reconsider a denial of construction of a deck contained in the Order of Conditions issued on the application on 5/21/87. He corrected a statement n1ade at the last meeting when he said the McIlvains could not obtain a Certificate of Occupancy because there was no means of egress on the pond side of the house. In fact, the Building Cornn1issioner had issued a C/O contingent upon approval of construction of a deck as presented at this meeting. Mr. Tillotson added there may be problems if not approved. He said if the Commission voted not to reconsider, another Notice of Intent. would be filed for the deck. Lee Dunn felt strongly that the numerous changes that have been requested subsequent to the acceptance of the original plans should have been part of the original application, as submitted by Jennifer Shakespeare. He felt the Commission had adequately defined the building envelope so many feet from the pond and that the applicant was again asking to revise the plans to accommodate problems which should have been anticipated in the beginning. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 3, 1987 Page 8 Lucy Leske moved to not reconsider the Order of Conditions. Carl Borchert seconded the motion. Mr. Tillotson responded by giving a history of the project and the applicants' inability to follow exactly the progress of the application. He added the McIlvains wanted to impress upon the Commission that they were conservation-minded people and were interested in protecting the wetlands. Peter Dunwiddie said he did not hold much sympathy for applicants who could not keep up with the progress of their application and did not respect the Commission's recommendations. There was some discussion about possible deck dimensions, some of which were designed to accomn1odate deck furniture. Although the Com~issioners did consider the possibility that a deck might reduce foot traffic on the pond side of the house, Henry Wasierski felt the windows fOl~ed a natural barrier, that there were plenty of other exits and a deck was not necessary. With some heated discussion, Mr. Tillotson felt the Commission was punishing the wrong people and withdrew his request. Lucy Leske withdrew the motion on the floor. b. R. Glidden/R. Laine - SE~8-396 - Amrnendment to O/C. Richard Glidden and John Shugrue presented an HDC-stamped set of revised plans. Lucy Leske moved to send a letter accepting the new septic plan and new ridge elevations as a minor modif ication, the structure to confol~ to the HDC- approved plan #17.365. Therefore, a new Notice of Intent will not be required. So voted. c. Albert L. Manning, Jr. - Hither Creek Boat Yard. A letter from Mr. Manning was read requesting the Commission's timely approval of a plan to demolish a building. Donald Visco thought the fact that the Boat Yard was a water-dependent operation should be considered. There was some discussion about proper procedure. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 3, 1987 Page 9 Lucy Leske moved to send a letter recognizing the need for the work to take place immediately, however filing a Request for Determination will be necessary before work can begin. The Request shall include demolition plans, plans for the new racks, and protective measures for the adjoining marsh during demolition and related activities. So voted. d. A. Duerstin/B. Peterson - SE~8-~18 - 89 Eel Point Road - rev. plan. Glen Wills of Nantucket Surveyors was present to request for the new owner approval of a change in the building envelope. He felt this represented a minor change to plans originally submitted with a Notice of Intent filed on May 1~, 1987. The application was originally filed by Althia Duerstin. Carl Borchert moved to accept the revised site plans as representing a minor change and no new Notice of Intent will be required. So voted. e. (INSERT) Warren's Landing - field inspection report. After a recent field inspection, the Commissioners generally felt the natural revegetation taking place on the property was favorable, however it would be wise to have a brushcutter come in to take out the pine seedlings. Bill Willet agreed to contact Frank Powers, Jr. for an estimate. 3. Orders of Conditions a. Martin McKerrow - SE~8-~21 - 106 West Chester Street. Borchert moved to issue a standard Order of Conditions include the following Special Conditions: Carl ....- L.U 1) The height of the addition is to match that of the existing dwelling. 2) The location of the addition will be no closer to the wetlands than the existing dwelling. 3) No major excavation shall occur on the site. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 3, 1987 Page 10 4) Siltation fencing is to be installed as shown on the plan and is to be maintained ln good condition throughout construction. So voted. ~. Certificate of Compliance a. Jeffrey Cohen - SE~8-240 - Hallowell Lane. Mr. Cohen was present to request a Certificate of Compliance for property containing dunes through which a path had been improved and on which stabilizing measures had been installed. An on-the-spot field inspection based on extensive photos was conducted. The Commissioners felt the photos supplied by Mr. Cohen demonstrated that no windscour is likely to occur now. Lucy Leske moved to issue a Certificate of Compliance stating the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. So voted. 5. Correspondence a. There was some discussion about a Superseding Order of Conditions issued to Nantucket Commons Trust which all Com~issioners were urged to revie'~. There was some question as to whether violations had already occurred, i.e. advance notification of site clearing. Peter Dum~iddie agreed to look into the matter. b. A letter from Joseph Forns was read requesting an ammendment to a Determination of Applicability originally issued to Martin D. Fife on June 16, 1987. Mr. Forns proposed to revise the original scope of the work to include only the soils stabilization landward of the existing bulkhead and then file a Notice of Intent when the bulkhead and groin replacement work is contemplated. A verbal description of the plans was included in the letter. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 3, 1987 Page 11 Carl Borchert moved to issue an arnrnended 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. c. A verbal request was received from Brent Young for a copy of correspondence with Warren Valero in Aug.-Sept. 1986 concerning removal of some trees on property belonging to owners unknown adjacent to Mr. Young's property at 118 Orange Street. Mr. Young felt the trees had been planted in violation of the Wetlands Protection Act, without filing a Notice of Intent, and that the trees obstructed the views of the harbor from his property. The secretary said she could not locate any correspondence or reference to discussion in the minutes. Peter Dunwiddie stated he was prepared to testify that Mr. Valero had been asked to remove the trees a year ago, and suggested writing him again. Lucy Leske agreed to write said letter. There being no other business, the meeting adjourned at 11:05 PM.