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HomeMy WebLinkAbout1987-10-01 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 AGENDA FOR OCTOBER 1, 1987 A. PUBLIC HEARINGS 1. Robert S. Yates - SE~8-~08 - Great Point Road 2. William and Ruth Greider - 10 "F" Street, Madaket 3. John M. Eaton - SE~8-~29 - 6 Squam Road ~. Nantucket Wetlands Regulations Draft - second public hearing 5. Sherburne Associates - SE48-~35 - Boat Basin/Easton Street 6. Rhoda H. Wei~~an - 284 Polpis Road 7. Barth/Taddonio - 79 Eel Point Road 8. Dooley Family Trust - 7 Polliwog Pond Road 9. Dooley Family Trust - SE48-433 - 11 Polliwog Pond Road 10. Dooley Family Trust - 13 Polliwog Pond Road 11. R. Griffin/M. Zodda - SE48-~34 - 3 Dionis Beach Road 12. Crow's Nest Associates - 7 Crow's Nest Way, Wauwinet 13. Crow's Nest Associates - 9 Crow's Nest Way, Wauwinet 14. Crow's Nest Associates - 109 Squam Road 15. John Mark - 28 & 30 Gosnold Road 16. Joseph and Joan Cochran ET AL - 54 & 56 Beach Street B. REGULAR MEETING 1. Minutes of September 17, 1987. 2. Other Business a. Nantucket Co~mons Trust - discussion of Enf. Order b. Timothy Dukes - M. Reis - Miacomet Pond Estates c. Discussion of "Special status" d. Discussion of Conservation Administrator position 3. Planning Board Referral a. Barnabas Lane/Woodbury Lane Realty Trust ~. Orders of Conditions a. Willi~. Willet - SE48-422 - 6 Monomoy Creek Road 5. Correspondence 6. Field Inspections a. Miles Reis - Miacomet Ave. - N/l b. Robert Horner - 36 Easton Street - N/I c. "A" Street, Madaket - possible violation Town of Nantucket Conservation Commission Minutes of October 1. 1987 Page 1 Town and County Building Nantucket, Massachusetts 02554 MINUTES OF OCTOBER 1, 1987 The public hearings of October 1, 1987 were called to order at 7:42 PM in the library of the Nantucket Elementary School. Members present were: Peter W. Dunwiddie - Chairman, Lee Dunn, Carl Borchert, Lucy Leske and Henry Wasierski. Members absent were: Bill Willet and Donald Visco. A. PUBLIC HEARINGS 1. Robert S. Yates - SE48-408 - Great Point Road. Glen Wills of Nant.ucket SUJ:-veyors Has present on the behalf of Mr. Yates and the Daylor Consulting Group and requested a continuance of the hearing. Arthur Reade of Reade and Alger was also present. representing several Wauwinet residents and requested a continuance of the hearing to allow for further research and opportunity to comment. Mr. Wills presented a plan showing views of t.he proposed dwelling. Henry Wasierski moved to continue the hearing at the applicant's request. So voted. 2. lrJilliarn and Ruth Greider - 10 "F" Street, Ma.daket.. Glen \.vills of Nantucket Surveyors was present with the Greiders and presented a revised site plan and the proposed building design. The building outline was more specific and the deck had been rotat.ed. The new deck design \-"culd bring it back away from the wetland. The garage had been pulled back further into the dwelling. but would have the same entrance and be able to keep the old :::,he1l driveway. The house foundation will be 27 ft. from the wetland at its closest point and the deck 17 ft. Lee Dunn was concerned that the septic system meet Title V and Mr. Wills explained there must have been a variance because it was an existing septic system. Lee thought the revised plans were an improvement. Lucy Leske moved to continue the hearing fer a DEQE file nUInber. .So voted. Town of Nantucket Conservation Commission Minutes of October 1, 1987 Page 2 Town and County Building Nantucket, Massachusetts 02554 3. John M. Eaton - SE~8-~29 - 6 Squam Road. Glen Wills of Nantucket Surveyors was present as agent for the applicant. Melissa Philbrick Has present as attorney for the applicant. Mr. Wills described 2 small changes in the plans. Ms. Philbrick addressed the wetlands scenic views issue noting the only view affected was from Quidnet Road. She explained the applicant wished to minimize the impact on the public views. Both Mr. Wills and Hs. Philbrick stated r-'Ir. Eaton could live \>lith a 25 ft. ridge line elevation and his architect could design within that restriction. Lee Dunn moved to close the hearing. So voted. 4. Nantucket Wetlands Regulations Draft - second public hearing. Minutes of the hearing appear as a separate document.. Hearing duration: 8:02 - 9:02 PM. *** Short Break 9:02 - 9:15 PI'1 *** 5. Sherburne Associates - SE~8-~35 - Boat Basin/Easton Street. John Shugrue was present as agent for the applicant. Lucy Leske moved to continue the hearing and agreed to vITite a letter to the Nantucket Shellfish Advisory Board requesting a review or this Notice of Intent and a submission of comments as to the project's effects on harbor shellfish populations and water quality, paying close attention to construction techniques and time span proposed for the work. So voted. 6. Rhoda H. vJeinman - 28~ Polpis Road. the hearing for a DEQE file number. Lee Dunn moved to contiriue So voted. 7. Barth/Taddonio - 79 Eel Point Road. Lucy Leske moved to continue the hearing for a field inspection and a DEQE file number. So voted. Town of Nantucket Conservation Commission Minutes of October 1, 1987 Page 3 Town and County Building Nantucket, Massachusetts 02554 8. Dooley Family Trust - 7 Polliwog Pond Road. Glen Wills of Nantucket Surveyors was present as agent for the applicant and requested a continuance of the hearing. Lucy Leske moved to continue the hearing until October 15, 1987. So voted. 9. Dooley Fa~ily Trust - SE48-~33 - 11 Polliwog Pond Road. Glen Wills of Nantucket Surveyors was present as agent for the applicant and requested a continuance of the hearing. Lucy Leske moved to continue the hearing until October 15, 1987. So voted. . 10. Dooley Family Trust - 13 Polliwog Pond Road. Glen lrJills of Nantucket Surveyors was present as agent for the applicant and requested a continuance of the hearing. Lucy Leske moved to continue the hearing until October 15. 1987. So voted. 11. R. Griffin/M. Zodda - SE~8-43~ - 3 Dionis Beach Road. moved to close the hearing. So voted. Lee Dunn 12. Craw's Nest Assoc:iates - 7 Crow I s Nest Way, Wauwinet. Tina Coughanour of IEP was present as agent with the applicant, Steve Lindsay. Ms. Coughanour described the area of most activity and ~.uggested planting Am.TTlophila instead of using snowfencing. Lee Dunn felt the solid foundation would impede dune movement. Peter Dunwiddie ',..r2.nted to see historic documentat.ion of dune stability on the site. W2.uwinet caretaker Nelson Jones said the dune has built up in the las~ 30-35 years and erosion effectively stopped in the 1950's. Peter agreed dune movement seems to be e~lisodic in this area ~lith no in5uI'a~ce for the future and wanted to see the house moved back. There was some discussion about the merits of pile foundations and where the everY-Tash zone was. Iv1r. Linds.e.y explained the deck ,"'as to be on pi1 ings and adrnitted he did not l:now 3bout the overwash zcne. Mr. Jones pointed cut the Jot. is in a trar-:si tion area where the dune is slowly moving sou~hward and added he had seen the ocean wash through the foot paths. Additional discussion centered around the (~ommission' s history of dealing with similar projects. Town of Nantucket Conservation Commission Minutes of October 1, 1987 Page ~ Town and County Building Nantucket, Massachusetts 02554 Discussion at this point included 9 Craw's Nest Way submitted by the same applicant. Setback requirements were discussed. Lee Dunn and Lucy Leske suggested putting the houses on pilings both for the durability of the houses and the applicant's own good. Mr. Lindsay thought this was debatable and wished to continue the hearing for further consideration. Lee Dunn and Peter Dunwiddie wanted massing and scenic views issues addressed. Lucy Leske wanted to see that a boardwalk would be an advantage over the walkway. Henry Wasierski spoke of the natural filling in of footpaths elsewhere on the island. Carl Borchert moved to continue the hearing for more information from the applicant and a DEQE file number. So voted. 13. Craw's Nest Associates - 9 Crow's Nest Way, Wauwinet. Tina Coughanour or IEP was present as agent with the applicant, Steve Lindsay. This application was compared and discussed in conjunction with 7 Crawls Nest Way, above. Carl Borchert moved to continue the hearing for more information rrom the applicant and a DEQE file number. So voted. 14. Craw's Nest Associates - 109 Squam Road. Tina Coughanour of IEP was present as agent with the applicant, Steve Lindsay. She showed the septic system located ~oo ft. from the wetland. Mr. Lindsay said the edges of the lot were now posted. Peter Dunwiddie added Spotted Turtles occur on the property, a species rare on Nantucket. Lee Dunn moved to cont.inue the hearir:g for a field inspection and a DEQE file number. So voted. 15. John Mark - 28 & 30 GosDold Road. John Shugrue was present as agent for the applicant. Carl Borchert wanted an expert plant ecologist to flag the wetland. Lee Dunn moved to continue the hearing for additional information. So voted. Town of Nantucket Conservation Commission Minutes of October 1, 1987 Page 5 Town and County Building Nantucket, Massachusetts 02554 16. Joseph and Joan Cochran ET AL - 5~ & 56 North Beach Street. A letter fTom Ted Tillotson Has read which noted t.he precise names of the owners of the property. John Shugrue was present as agent for the applicant and described the project to include 1500 cu. yds. of fill on the property and potentially 9 houses. Ted Tillotson was present representing David Gray and the other OHners. Peter Dunwiddie wanted t.o J;:now about wet.lands replicat.ior: to which Mr. Shugrue replied there was no current proposal to include any. Peter read a letter from Michael Marcus to David Gray giving an evaluation of the property which stated although the entire lot is wetland, it may be possible under definitions contained in the state wetland regulations to fill this land to a grade so that all future construction on the property could tcke place abcve the 100 year fl<)od elevation. Hr. Tillotson pointed out that the ',.retland. had been cree,t.ed by drainage from abutters. Peter Duni~iddie said Brant Point has historically been a wetland having undergone many changes over the years. Mr. Gray said he had an old photo showing his property as a dry field "thich later beccu'TIe wet due t.o drainage from other properties and offered to bring it to the next meeting. Mr. Gray added he would stand by lEP's evaluation. Carl Borchert felt t:.nl5, \-.'as becoming a circular argu..'T,ent because the Wetlands Protection Act does not distinguish between man-made and natural wetlands. He felt this Has a bonafide wetland under -the state and local bylaws. Mr. Till()tson said if they ccmldn' t. fill, then the pre,perty would be deemed unbui.ldable. Lucy Leske thought this ~ould be s pretty intensive use of the property and questioned the success i~f replication projects. Vir. Tillots:Jn felt. there \-.'C.uld be no negative irnpacts on wildlife in the area. Henry Wasierski said this may be the last remaining wetland on North Beach Street other than the bird sanct.uary. Lee Dunn moved to continue the hearing for more information. So voted. Town of Nantucket Conservation Commission Minutes of October 1. 1987 Page 6 Town and County Building Nantucket, Massachusetts 02554 B. REGULAR MEETING 1. Minutes of September 17, 1987. Lee Dunn moved to accept the minutes with the following changes: p. 4: paragraph #1 - In line 2, change "dwelling" to "septic" p. L~: paragraph # 2 - In 1 ine 1, change "mounted" to "mounded II So voted. 2. Other Business a. Nantucket COmlTlOnS Trust - discussion of Enforcement Order. Robert Sarvis was present with his attorney Ted Tillotson. A vote was needed in order to rescind the Enforcement Order if appropriate to do so. Peter Dunwiddie began by saying that mistakes had been made on both sides. He outlined the problems with the plans and poin~s of the Order. Mr. Tillotson expressed Mr. Sarvis' interest in future cooperation with the Commission. Lee Dunn felt it was important to agree on inspection schedules. There was some discussion about the exact wetlands boundaries. Mr. Tillotson urged the COffi~is5ion to contact Mr. Sarvis, him::.elf or Tom Harvey by phone if any further questions ari::,e to avoid misunderstandings. Lucy Leske moved to lift the Enforcement Order and ask the applicant to supply the COffi~i5sion with an in5pection 5chedule 25 ',olell as merge the two Orders of Conditions from the (~orrL.rnissic)ll arid I)EQE.. So '.lot.ed.. b. TiInothy Dukes - IJ[. Reis - Miacomet Pond E~,tate5. Mr. Dukes Has p::::-esent to bring to the Corru-ni5sion's attention some filling activity across from his property by Miles Reis. He reported 50 loads of fill had been brough~:: in today and dumped within 100 ft. of Miacomet Pond. Similar activities had been conducted until 9 PM the night before. Town of Nantucket Conservation Commission Minutes of October 1, 1987 Page 7 Town and County Building Nantucket, Massachusetts 02554 Lucy Leske said she had received a call from someone else about the activity. She visited the site alone and spoke with Mr. Reis, but did not feel qualified at the time to issue an Enforcement Order. She said the filling is occurring in a trenched area which used to be a pig farm. Mr. Reis said he did not realize he was in violation and would come into the office to pick up Notice of Intent fOIms the next day. Henry Wasierski and Carl Borchert agreed to perform a field inspection on Friday, October 2, 1987 at 8:30 lli1. c. Discussion of II Special Statu~,. If Peter Dunwiddie reported on a recent conversation '>Ji th TOvln Counsel Paul DeRensis. Mr. DeRensis said a decision had been made to reclassify all Conservation Comrr.issioners as Special Town Employees. d. Discussion of Conservation Administrator position. Applicant Ben McKelway present at this meeting was asked to leave the room during the discussion. Peter Dunwiddie reported to the other Comn1issioners that the first applicant selected for the position, Thomas Baptist, had declined based on a $13,000 pay differential. Peter rece,rruT',ended tr-Je position now be offered to Ben McKelway. Lucy Leske moved to follow the Chairman's recommendation. So voted. Mr. McKelFay was brought back into the room, offered the position and accepted. He said he would be able to begin '>Jork on October 15, 1987. 3. Planning Board Referral a. Barnabas Lane /"V-Joodbury Lane Real ty Tru~, t. to advise the Planning Board that the Barnabas is not subject to the Wetlands Protection Act. advisory only 2nd does not constitute a formal under the Wetlands Protection Act. So voted. Lucy Leske moved Lane subdivision The opinion is Determination Town of Nantucket Conservation Commission Minutes of October 1, 1987' Page 8 Town and County Building Nantucket, Massachusetts 02554 4. Orders of Conditions a. William Willet - SE48-422 - 6 Monomoy Creek Road. There was some discussion about the definition of a coastal bank and whether it applied to this lot. Other discussion centered around whether the septic system meets Title 5. Carl Borchert moved to deny the application based on the septic system's failure to meet the presumptions of Title 5. Carl Borchert, Lucy Leske and Lee Dunn voted in favor of the motion and Henry Wasierski abstained. So voted. Lucy Leske agreed to vrrite Special Conditions elaborating on the basis of the denial. 5. Correspondence All correspondence was read and accepted. There being no other business, the meeting adjourned at 11:~7 PM.