HomeMy WebLinkAbout1987-10-15
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
AGENDA FOR OCTOBER 15, 1987
A. PUBLIC HEARINGS
1. Robert S. Yates - SE~-~08 - Great Point Road
2. William and Ruth Greider - SE~8-iJ.iJ.O - 10 "F" Street, Madaket
3. Nantucket Wetlands Regulations Draft
~. Sherburne Associates - SEiJ.8-435 - Boat Basin/Easton Street
5. Rhoda H. Weinman - 284 Polpis Road
6. Barth/Taddcnio - 79 Eel Point Road
7. Dooley Family Trust - 7 Polliwog Pond Road
8. Dooley Family Trust - SEiJ.8-433 - 11 Polliwog Pond Road
9. Dooley FaInily Trust - 13 Polliwog Pond Road
10. Crow's Nest Associates - SE48-436 - 7 Crow's Nest Way, \,-Jauwinet
11. Crowls Nest Associates - SE48-437 - 9 Craw's Nest Way, Wauwinet
12. Crow's Nest Associates - 109 Squam Road
13. John Mark - 28 & 30 Gosnold Road
1iJ.. Joseph & Joan Cochran ET AL - 54 & 56 North Beach Street
15. Robert Horner - 36 Easton Street
16. Monan & Seila Advani - SE48-iJ.41 - Siasconset Ave. Ext.
B. REGULP~ MEETING
1. Minutes of September 24,1987.
2. Other Business
a. James Gay - Wauwinet House - SE48-392 - addit. work
b. Harold Turner - "A" St., Madaket - field inspection report
c. }1yles Eeis - field inspection report
3. Requests for Deterrrlination
a. A. J. Leddy, Jr./R. A. Le~ce - 11 Eel Point Road
b. Todd K. Vaughan - '7 & 9 Galen Ave.
c. Cliffside Beach Club - Jefferson Ave.
d. Neville & Kathy Richen - 35 Millbrook Road
iJ.. Orders of Conditions
a. John IlL Eat.on - SE48-429 - 6 Squam Road
b. R. Griffin/M. Zocda - SEiJ.8-434 - 3 Dionis Beach Road
5. Certificate of Compliance
a. Harvey B. Matthews III - SE48-300 - Quidnet & Pol pis Roads
b. Margaret Z. Larsen - SEiJ.8-17 - Wauwinet Road
6. Correspondence
7. Field Inspections
a. Paul Stojak - 83 Hu~ock Pond Road - Req/Det
b. Margaret Z. Larsen - SE48-17 - Wauwinet Road
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 15, 1987 Page 1
MINUTES OF OCTOBER 15, 1987
The public hearings of October 15, 1987 were called to order at 7:32 PM
in the library of the Nantucket Elementary School. Members present
were: Peter W. Dunwiddie - Chairman, Lee Dunn. Lucy Leske, Bill Willet,
Carl Borchert, Donald Visco and Henry Wasierski. 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.
Sarah Alger of Reade and Alger was present representing Dusty
Reeder of Architectural Resources in Cambridge and other
Wauwinet abutters. Marshall Dennis of Jason Cortell Assoc. was
also present as agent for the abutters.
Mr. Wills presented floor elevations for the house and
cross-section details. Lee Dunn asked for a demonstration that
the driveway or the walkway would not create windscour. He also
wanted additional information on the water supply. Mr. Wills
explained that there was no specific plan for the boardwalk and
one would be filed in the future.
Ms. Alger stated that her clients were disturbed that no means
of crossing over to the beach had been included in the plans.
Above and beyond that, they were very concerned about any
building plans for the fragile area and if this plan went
through, building plans for 5 other lots may follow. She added
many abutters now admit even their houses shouldnlt be there,
with what is knm17n now.
Mr. Reeder presented a drawing of the site and read through a
list of 17 items describing why the application should not be
approved. He requested a denial from the Commission and also
listed opposing Island organizations.
Mr. Dennis reiterated the argument presented last April and May
in opposition to the project. He cited lack of documentation
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 15, 1987 Page 2
about disturbance factors and lack of detail in the plans. He
felt there was no way to avoid damage and disturbance on the lot
during construction and this would serve to increase storm and
flood damage. He urged the Commission to use Executive Order
181 to deny the project.
Donald Visco did not think the Executive Order had the force of
law and a denial could be appealed to other courts. Nelson
Jones, a Wauwinet caretaker, cited the increased use of the area
over the years. Donald added that in the opinion of many
Nantucketers some houses actually stabilize dunes.
Carl Borchert asked if.-the Wauwinet residents had had a chance
to review the calculations on the septic plumes. Mr. Reeder
deemed the information presented to be acceptable data, but said
the main point to consider is that everything will eventually
flow into the harbor so it makes no difference how long it
takes.
Mr. Reeder presented a July 24, 1987 letter by Robert T. Wilce,
a marine biologist at UMass Amherst which addressed the
recent algae bloom in the upper harbor. He recoffirnended
monitoring both existing and nevT septic systems for biomass
aInounts and urged caution in approving new systems.
Dr. Wesley Tiffney. director of u~ass Field Station on
Nantucket. spoke as a consultant for Mr. Reeder. He again
presented a history of the Haulover area and outlined what may
occur if another breakthrc!ugh occurs. He commented cn the
negative effects of a desalinization plant by pointing out that
the exidate would be 2.5 times saltier than seawater and could
alter g~~oundwater salinity. He also cited portions of item
2.04 B in the Nantucket Wetlands Regulations Draft dealing with
barrier beaches.
Mr. Willis Ames or the Wauwinet Landowners Association spoke of
his awareness abo'~t an unidentif ied stench in the area, possibly
due to existing septic systems. He felt it would not be wise to
add another system to an already overloaded system.
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 15, 1987 Page 3
Lynn Zimmerman of the Nantucket Land Council con~ented on some
problems she saw with the septic plume data presented on Sept.
17, 1987. She felt they did not reflect extremes in the moon's
phases and found a discrepancy between the data and the
conclusions presented. In some cases she felt there was
insufficent data to support the conclusions. She submitted a
written statement of her assessment and encouraged the
Commission to t~~e a stand against the project.
Nelson Jones com~ented on real-life maintenance situations
citing the tremendous wind erosion problem in the area. He felt.
this house would be no exception and it was certain to cause
problems for both neighbors and the dune itself. He added once
the Wauwinet House gets back on line, the increased demand on
the water supply would be substantial.
Lucy Leske suggested consulting Tm'-ln Counsel on whether it would
be valid to use the Governor's Executive Order 181 in a denial.
Donald Visco said if what the experts say is true, then all
Wauwinet residents should close their septic systems, too.
Peter Dunwiddie said another new system in the area might be a
straw which breaks the carne}' s back.
Jenny Antes of Wauwinet ~,poJ.:e of some clams she had dug in the
area which she felt may have been cont~~inated. She had
contacted Ken Kelley of the Marine Dept. and the Health Dept.
try to investigate the problem.
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Lee Dunn moved to close the hearing and felt it was obvious the
proj ect wO"lcld be detrimental to all concerns. So voted.
2. IrJillialTl 2nd Ruth GTeider - SE48-4LtO - 10 "F" Street, Madaket.
Glen Wills of NantucJ:et Surveyor2; was present as agent for the
applicant. Lee Dunn moved to close the heaTing. So voted.
3. Nantucket Wetlands Regulations Draft. Minutes of the hearing
appear as a sepaTate document. Hearing duration: 8:00 - 8:45
PM.
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 15, 1987 Page iJ.
~. Sherburne Associates - SE~8-~35 - Boat Basin/Easton Street.
John Shugrue was present as agent for the applicant. Alan
Holdgate of the Nantucket Shellfish Advisory Board was present
by request of the Commission.
Mr. Holdgate gave a history of dredging in Nantucket Harbor and
said none had ever had negative effects on shellfish. He had no
qualms with this project due to its limited scope and the fact
that the spoils will be removed to an off-island site.
A letter from John Shugrue was read Hhich clarified the work
area. Lee Dunn thought the Cormnission had requested more
engineering detail than this. Mr. Shugrue elaborated on the
letter. Carl Borchert was concerned about the number of cubic
yards to be dredged. Mr. Shugrue explained that the entire
marina was covered under an existing license. No more than 9800
cu. yds. would be involved and probably less due to the
difficulty in getting underneath. He added maintenance does not
require MEPA to be involved, but any new dredging does.
Lucy Leske wanted to know about anti -sil tat.ion measures. Hr.
Shugrue said all work was to be done \~ithin the existing boat
basin and he had never seen any plumes in the past go further
than 150 feet. He said the large grains would settle fast
and did not see any of the clean fill going into the harbor.
Henry Wasierski asked Mr. Shugrue to indicate exactly where the
new bulkheads would be. Lee Dun~ asked him to provide the
Commission with an enlarged plan viith larger scale clearly
demarcating \.Jhere the dredging will occur. Hr. Shugrue agreed
to supply a larger set of plans in color. Henry seemed
skept:..cal about the amount of footage as shown on the piers.
Henry Wasierski moved to continue the hearing for enlarged
plans. So voted.
5. Rhoda Weinman - SE~8-iJ.39 - 28~ Polpis Road.
to close the hearing. So voted.
Carl Borchert moved
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 15, 1987 Page 5
6. Barth/Taddonio - 79 Eel Point Road. Lee moved to continue the
hearing for a field inspection at which agent Aileen Barth would
be present. So voted.
7. Dooley Family Trust - SE~8-iJ.38 - 7 Polliwog Pond Road. Glen
Wills of Nantucket Surveyors was present as agent for the
applicant. Lee Dunn moved to close the hearing. So voted.
8. Dooley Family Trust - SE48-~33 - 11 Polliwog Pond Road. Glen
Wills of Nantucket Surveyors was present as agent for the
applicant and presented a smaller building footprint, as
requested. The revised building envelope would minimize impact
in the wetland and was 20 ft. at its closest point as compared
with 8 ft. before. He said the final building footprint was not
available now.
Lucy Leske asked about wildlife interests. Mr. Wills had walked
the lot again and found field mice, rabbits, pheasants and other
bird species, however he felt this did not represent a major
feeding or breeding area.
Peter Dunwiddie wanted to see a way to minimize the impact of
the driveway through the wetland. Mr. Wills said it would have
a minimal width of 10 ft. and would have a pervious surface. He
discussed construction.
There was some discussion about water flow and segmentation of
the wetland. Mr. Wills explained this was a perched wetland and
the amount of flood storage was minimal.
Carl Borchert moved to close the hearing. So voted.
9. Dooley Family Trust - 13 Polliwog Pond Road. Glen Wills of
Nantucket Surveyors was present as agent for the applicant and
presented a proposed building footprint giving 20 ft. of
separation between the building and the wetland, with 16 ft. at
its closest point.
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 15, 1987 Page 6
Carl Borchert moved to continue the hearing for a DEQE file
number. So voted.
10. Crow's Nest Associates - SE~8-436 - 7 Crow's Nest ItJay, Wauwinet.
Henry Wasierski moved to continue the hearing at the request of
the applicant. So voted.
11. Crow's Nest Associates - SE~8-437 - 9 Crow's Nest Way, Wauwinet.
Henry Wasierski moved to continue the hearing at the request of
the applicant. So voted.
12. Crow's Nest Associates - 109 Squam Road, Wauwinet. Henry
Wasierski moved to continue the hearing at the request of the
applicant. So voted.
13. John Mark - 28 & 30 Gosnold Road. Carl Borchert moved to
continue the hearing for more information from the applicant.
So voted.
14. Joseph & Joan Cochran ET AL - 54 & 56 North Beach Street.
Attorney Robert Rizzo of Sherburne, Powers, & Needham
represented the applicant in the absence of Ted Tillotson.
Michael Marcus of IEP was also present for the applicant. John
Shugrue was present as agent for the applicant.
I'lr. Shugrue presented an old black and whi t-e photo taken Clrca
1924. which showed the lot to be dry field at the time. He said
the neighbors have been allowed to fill and the area has been
historically a primary dU;'1\ping area. Henry Wasierski mentioned
he used to ice skate on both sides of the read.
Mr. Marcus elaborated on his wetland site assessment submitted
to the applicant on Aug. 2~. 1987. There was extensive
discussion about the designation of this lot as Land Subject to
Coastal Storm Flowage, contrary to the Commission's Dec. 1, 1986
Determination as a shrub swamp. This means the lot may not be
afforded total wetlands protection. Further discussion followed
about the assessment and definitions as found in the
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 15, 1987 Page 7
regulations. Mr. Marcus said the aim was not necessarily to
protect wetlands. but to protect resource areas as defined.
Lucy Leske felt this lot had wetlands value and felt it should
be assessed based on how it functions most of the time. Carl
Borchert thought the regulations applied to wetlands, regardless
of how or when they were formed. Mr. Marcus said it was up to
the Commission to interpret the definitions.
Peter Dunwiddie felt the area functioned as Isolated Land
Subject to Flooding and wanted to look into whether the state
regulations ignored functions of wetlands. There was some
discussion about whether any wat.er would be displaced if the lot
were filled. Mr. Shugrue discussed the drainage system existing
in the area. He said parts of the system of clay tile pipes are
mapped and some are not.
Lee Dunn and Carl Borchert asked Mr. Marcus to provide
additional argument to the Commission in writing. Lucy Leske
moved to continue the hearing for receipt of additional evidence
from the applicant. So voted.
15. Robert Horner - 36 Easton Street. The results of the field
inspection were read. Lucy Leske moved to continue the hearing
for a DEQE file number. So voted.
16. Monan & Seila Advani - SE48-441 - Siasconset Ave. Ext. John
Shugrue was present as agent for the applicant. The Commission
had no problems with the additions and there was some discussion
about where the spoils from the pond would be deposited.
Carl Borchert moved to close the hearing.
So voted.
*** Short Break - 10:10 - 10:15 PM ***
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 15, 1987 Page 8
B. REGULAR MEETING
1. Minutes of September 2~, 1987. Lee Dunn moved to accept the
minutes with the following changes:
*p. 4 - paragraph #1:
change last 2 words to "elsewhere."
*p. 5 - paragraph #2: after oil slick, substitute "near the
intake of" for "from the."
So voted.
2. Other Business
a. J~~es Gay - Wauwinet House - SE~8-392 - addit. work. Mr.
Gay wanted to determine if several items not originally included
in the plans would constitute a major change to the Order of
Conditions. Mr. Gay clarified several questions by
Commissioners using plans he had brought.
Peter Dunwiddie thought a field inspection was needed and
suggested Mr. Gay send more detailed copies of the proposed
plans to the Com~ission to be used on the inspection.
b. Harold Turner - "A" Street, I"'ladaket - field inspection
report. Peter Dunwiddie read a letter from Mr. Turner to
Timothy Moran who was proposing to build a tennis court directly
adjacent to his property and Hither Creek.
Lucy Leske suggested sending Mr. Moran a letter notifying him
that a filing will be necessary if the proposed location of the
tennis court is within 100 feet of the harbor or other wetland
resource area such as a dune, coastal bank, marsh, etc.
c. Myles Reis - field inspection report. Carl Borchert reported
on a recent field inspection during which Mr. Reis promised to
stop all activities and file a Notice of Intent. Carl asked to
put this item on the next agenda.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 15, 1987 Page 9
3. Requests for Determination
a. A. J. Leddy, Jr./R. A. Lemke - 11 Eel Point Road. 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.
b. Todd K. Vaughan - 7 & 9 Galen Ave. Lee Dunn moved to lssue a
positive Determination stating 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. Lucy Leske
abstained from voting. So voted.
c. Cliffside Beach Club - Jefferson Ave. Lucy Leske moved to
issue a negative Determination stating that 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 or Intent. So voted.
d. Neville & Kathy Richen - 35 Millbrook Road. Carl Borchert
elaborated on what he considered to be a marginal situation
here. Lee Dunn spoke of the difficulty in defining the wetlands
status of the lot.
Carl Borchert wanted to know if the septic system would be large
enough to handle the addition and Mr. Richen said he will add
another leaching field. Lucy Leske was concerned that the
increase in intensity of use would have an adverse effect on the
wetland. There was discussion abcut defining the wetland.
Henry Wasierski felt the proposal would improve on what is there
currently.
Lucy Leske 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.
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 15, 1987 Page 10
4. Orders of Conditions
a. John M. Eaton - SE48-429 - 6 Squam Road. Carl Borchert
moved to issue a standard Order of Conditions following the most
recent plans. So voted.
b. R. Griffin/M. Zodda - SE48-43~ - 3 Dionis Beach Road. Lee
Dunn moved to issue a standard Order of Conditions to include
the following Special Condition:
1. There shall be no brushcutting within 25 ft. of the
i.,retland.
So voted.
c. Rhoda H. Wein~an - SE48-~39 - 284 Polpis Road. Lee Dunn
moved to issue a standard Order of Conditions. So voted.
d. \rJilliarn & Ruth Greider - SE48-iJ.40 - 10 "F" Street, Madaket.
Lee Dunn moved to issue a standard Order of Conditions
referencing the new plans. So voted.
e. Monan & Seila Advani - SE48-441 - Siasconset Ave. Ext. Lee
Dunn moved to issue a standard Order of Conditions to include
the following Special Condition:
1. The spoils shall be placed no closer than 25 ft. from
the wetland.
So voted.
f. Dooley Family Trust - SE48-433 - 11 Polliwog Pond Road. Lucy
Leske moved to issue a standard Order of Conditions to include
the following Special Condition:
1. The driveway construction shall be cODlpleted before any
construction begins on the house.
So voted.
Town of
Conservation
Nantucket
Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 15, 1987 Page 11
g. Dooley Family Trust - SE48-438 - 7 Polliwog Pond Road. Lucy
Leske moved to issue a standard Order of Conditions. So voted.
5. Certificates of Compliance
a. Harvey B. Matthews III - SE48-300 - Quidnet and Polpis
Roads. It was decided a field inspection was needed.
Ad~inistrator Ben McKelway was asked to find the as-built septic
plan at the Health Dept.
b. Margaret Z. Larsen - SE48-17 - Wauwinet Road. It was
decided a field inspection was needed.
6. Correspondence
All correspondence was read and accepted.
There being no other business, the meeting adjourned at 11:15 PM.