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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. +~ ....v 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. ~P.llTUCJr~~ ~~ )- .... .~ ~ .." ~ ~J.rnj .~. ~~~~- 1.",":1 C'.~ -';'t-~~ ........4) ~ ()~'-R9'...' "ORA1~ .....,.. ...1"" 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.