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.