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HomeMy WebLinkAbout1987-10-29 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 AGENDA FOR OCTOBER 29, 1987 A. PUBLIC HEARINGS 10. 1. 2. 3. 4,. Nantucket Wetlands Regulations Draft Sherburne Associates - SE4,g-~35 - Boat Basin/Easton Street Barth/Taddonio -- 79 Eel ?oint Road Dooley Family Trust - 13 Polliwog Pond Road Crawls Nest Associates - SE4,8-4,36 - 7 Crowls Nest Way, Wauwinet Craw's Nest Associates - SE4,g-437 - 9 Crow's Nest Way, Wauwinet Craw's Nest Associates - 109 Squam Road! Wam..rinet John Mark - 28 & 30 Gosnold Road Joseph & Joan Cochran ET AL - 54, & 56 North Beach Street Robert Horner - 36 Easton Street 5. 6 . 7. 8 . Cl .-' . B. REGULAR MEETING 1. Minutes of September 17, 1987 (Wetlands Regulations Draft) Minutes of October 1, 1987 Minutes of October 15, 1987 2. Other Business a. Wauwinet House - SE~8-392 - results of field insp. b. Marion H. Morton - SE4,8-282 - compliance wi O/C c. Cross/Parr - SE48-360 - compliance wi OIC d. Miles Reis - Nil filing e. Vote to designate Ben McKelway Con Com representative f. Sign letter to rescind Enr<:<rcement Order - Nant. Com.mons g. New :3tate ~'Jildl ife Regulations -- S'J.mmary h. Report on seminar about Public Hearings l. Letter to Salec-t-_.men - vote acid sign regs letter J. Brent Young - SE~8-~09 - 110 Orange St. - discussion k. Root-killer proposal - discussion 3. Requests for Determination a. Paul Stoj ak -- 83 :'-1urrmock Pond Road 4. Certificate of ComDliance a. Harvey B. Matthews III - SE~8-300 - Quidnet & Polpis Roads b. Margaret Z. Larsen - SE4,8-17 - Wauwinet Road c. Eben & Ann Reese - SE4,8-198 d. E. Garrett Bewkes - SE4,9-299 - Squarn Road Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 5. Orders of Conditions a. Robert S. Yates - SE~8-~08 - Great Point Road 6. Correspondence 7. Field Inspections *a. Dale/Frazier - 37 Gardner Road - Req/Det *b. Barth/Taddonio - 79 Eel Point Road - Nil c. Louise R. Jackson - 15 E. Tristram Ave. - Req/Det d. David Lilly/C. Sa~~er - 55 Hulbert Ave. - Req/Det e. A. J. Leddy/C. F. Monahan -'48 Madaquecham Vly Rd - Req/Det f. Edgar A. Anderson - Monornoy Ave. & Northern Ave. - Req/Det *g. Spencer M. Cowan - 30 Douglas Way - Req/Det h. Phil Bartlett - Hwnmock Pond Road - Req/Det *i. Linda Heurlin - Sheep Pond Road - Req/Det J. Wayne H. DuPont - Codfish Park Road - Req/Det k. Wayne H. DuPont - Codfish Park Road - Nil * specific time necessary Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 29, 1987 Page 1 MINUTES OF C!CTOBER 2,9, 1987 The public hearings of October 29, 1987 were called to order at 7:31 PM. Members present were: Peter l-J. Dunwiddie - Chairman, Lee Dunn, Lucy Leske, Bill Willet, Donald Visco, Carl Borchert and Henry Wasierski. Members absent were: none. A.PUBLIC HEARINGS 1. Nantucket lrJetlan::ls Regulatic;ns D"raft. l'eter."' I)unr".,riddie ope11eC1. the hearing for publ.ic discussion and corrunent. No one orfered comment or presented any new inrormcltion. Peter said a revised draft may be presented at the next meeting by Town Counsel and John Roe, former director of the Nantucket Land Council. Lee Dunn moved to continue the hearing. So voted. 2. Sherburne Associates - SE~8-~35 - Boat Basin/Easton Street. John Shugrue was present as agent for the applicant and presented enlarged copies of the plans with work areas highlighted in color, per the Cornrnission' s request. Lynn Zirfi.mernan, Assof.::iate Executi've Director e,f tbe tJantucke"t, Land Council. said she had 'wri tteD letters to ,John Simpson at DEQE arJ:J. David Shepardson at MEPA stat:ing her con:::'ern that all Environmental Notificaticr~ Form (ENF) may be needed for the proj ect ;:md requesting their review. Iv1l~. Shugrue argued tha-c IVIEPA need l10t be involved because of t,he voluTne or dl-edged materials and the fact that this is not a pile-supported st:I'uctUTS. Ms. Zimmel"T:1an felt the pro] eet warranted reVlelo7 trom an engiLeer who wou16 gi~e an evaluat.ion containing enviromnentc~l cOrlsider,:=.ticns. D)nald Visco agreed 'with Hr. Shugrue that tl-Jere '",el~e no new l=ile-supported struct.:.ures and he reI t most of t,he Cc,m:nis:sion' s questions had been answered at the last meeting. Mr. Shugrue added the project will be reviewed in other stages on the state Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes or October 29, 1987 Page ') '-' level and by the Army Corp or Engineers. Donald relt the dredging was minor compared with the original project years ago. There was some discussion about waiting for response to Ms. ZiIT'merman' s lettel~s. Lucy Leske moved to close t.he hearing. So voted. 3. Barth/Taddonio - 79 Eel Point Road. Aileen Barth was present as agent for the applicant and requested scheduling another field inspection at which she vwuld be present to point out the boundaries, rather than flagging them at this time. Lee Dunn moved to continue the hearing. So voted. 4. [)()oley Family Trust. - 13 P.:)llhiOg Pond Road. Nantucket Surveyors was present as agent for requested a continuance of the hearing. Lee continue the hearing. So voted. t31en 'wills of the applicant and Dunn mO"Ted to 5. Cr':)\o.j's Nest Associates - SE408-!.d6 - 7 Crow's Nest itJay, l'Jauwinet.. Tina Coughanour of rEP was present with owner, Steve Lindsay. Ns. Coughanour presenT.ed plans to move the dwelling back 20 ft_. which would move it further out or the AO Zone. She reported on a conversation Hi th Paul \.Jhite at FEIV'U\. about building specifications within an AO ZODe and he suggested an alternate location for the dwelling. Peter DUn\..;iddie questioned whether the dune counted on to stay the same over time. Ms. reported conversations with DEQE and CZM. new location was stable. e levati(:m could CCil...1gharlo1J.r 5.1sc} Mr. Lind3ay felt bco tl1t,3 Nelson Jones, Wauwinet caretaker. said the dune in question has been migrating southward and lS now 10 ft. higher than in the ~O's and 50's; this behavior is just the opposite of whaT. it wa3 at the turn of the century. Iv'J"s . and Coughanour argued overw2sh damage. the vegetation would slow down wind scour Lucy Leske felt the revised plan was an Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 29. 1987 Page 3 improvement. and Carl Borchert v.las satisfied ,.J'ith the 20 ft. change. There was some discussion about exactly how far back the dune went. Mr. Lindsay felt there were some distinct differences between the subsoils at the Morton house nearby and those on his property. There was some discussion about the iron and clay deposits in the area and the prospect of filling and revegetating the area. The applicant was asked to supply a Hritten description of a proposed filling met.hod and amount of rill to be imlolved. C2rl Borchert moved to continue the hearing for more information. So voted. 6. Craw's Nest Associates - 9 Crow's Nest Way, Wauwinet. Tina Coughanour of IEP was present with owner. Steve Lindsay. Mr. Lindsay agreed to put the dwelling up on pilings instead of a foundat~ion. Peter Dunwiddie and others wanted to see the dwelling set back further. Addressing the scenic views issue, the applic2nt presented a visual representation of how the dwelling will look, using a panoramic layout of photos with the house sketched in done t.y Aileen Bartb. The proposed ridge line is 30 ft. Cayl Borchert moved to continue the hearing for revised plans that incl.ude greater setback. So vClted. 7. Cx-o''''' s Nest f\"ssocia.t:es - SE4-8-'->!,,4 - 109 Sq'-lam Road, Wam.Jinec:.. Tina Coughanour of IEP was present with owner, Steve Lindsay. There was seme discussion about possible nitrate leaching into the \,;etl=.D'-l. Lynn Zir.,rr:'?rman, Associate Executi,\78 Director of the Nantuci:et: Land Council. Hanted the Cornmissicn to be ay;,:".re that this L)t. the first ir a series of applications making up a larger developnent in the area by Craw's Nest Associates. and she presenrec a copy of a plan which ,\Tas rejected by the PlanliiLg Bf)arc.. IIII'. Lindsay pointed out anc,tber plan was being submi t_t_ed. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 29, 1987 Page 4 Donald Visco felt a decision should not rest on an evaluation by another Board and that approval of septic systems are the responsibility of the Board of Health. Discussion continued on the J.ayout of the subdivision and its cl u.rnped distributio:1 of septic systems. Ms. Zirnrnerman urged the Commission to c()Lsider pollution of groundwater. Nelson Jor:es, a WaU\~'inet caretake:::', said the Wau'winet Water Company engineers review any activities within 581 ft. of a well. Lee Dunn moved to close the hearing. So voted. 8. John Mark - SE~8-443 - 28 & 30 Gosnold Road. John Shugrue was present as agent for the applicant and said he would have a revised plan in hand on the next field inspec~lon. Lee Dunn moved to continue the hearing. So voted. 9. Joseph & Joan Cochran ET AL - SE4,8-442 - 54, & 56 North Beach Street. Bill Willet moved to continue the hearing. So voted. 10. Robert H.)rner cc;r.itirllle the - 36 Easton Street. Henry Wasierski moved heari:-lg fc;r a DE()E file nunlber. So voted. L:C) B. REGULJ\.R MEETInG 1. Minutes of September 17, 1987 (Wetlands Regulations Draft). October 1, 1987 and October 15, 1987. A motion was made tc acce:pt -:hese minutes at a lat.eT time. So voted. 2. Other Business a. Wauwinet House SE~8-392 - ~esuJ_ts of field inspectio~. =l~e results of a recent fi,eld inspection ~ere read. Arthur REa~e of Reade and Alger '..Jas pl'esent for ,YaIr,es, Gay of the 5/J l.Jau-..Jinet Trust. Mr. Reade itemized the addi~ional work being reques~ed and said the applicant preferred to prune rather than disturb or cut any vegeta~ion involved. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 29, 1987 Page 5 Lucy Lesl:::e moved to write a letter to Mr. Gay stating the following changes proposed do not constitute a major change to the above-referenced Order of Conditions: 1. Clearing around the tennis courts. provided no trees are removed. 2. Repair and resurfacing with crushed stone the path to the tennis courts. 3. Construction of patio on the southwest corner of the corner cottage. provided trash that has spilled over the haybale line is removed. ~. Drilling of a 6 - inch well. 5. Deck installation. 6. Existing septic field will be rev8gstated but not filled. So voted. b. Marion H. Morton - SE~8-282 - compliance wi OIC. The COITmiss icr18rs e):arnined tl1e plans to see if re(~ent acti '\7 i ties observed constituted violations or were in compliance with the Order of Conditions. Glen Wills of NantucJ:et S~rveyors said he thought the 5r10~Jtence was propped up now, per COITnission request. It was decided there ~~as no issue at this time. c. Cross/Barr - SE4,8-360 - compllance wi Ole. ITrle (;orn..rnissio[lerS examined the plans to ::ee if "recent 2ctivities c,r:::erved constituted violations or were in compliance with the Order of Conditions. It was decided there was no issue at this time. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 29, 1987 Page b d. Miles Reis - Nil filing. John Shugrue spoke for the applicant and said a filing was in the mail. e. Vote to designate Ben McKelway Con Com representative. Administrator Ben McKelway said the Attorney General's office had suggested the Commission officially vote him in as the Cowmission's public representative. Benls duties and responsibilities before other Boards were outlined and it was generally felt the Com~lission would benefit by Ben acting as an ear and a mouthpiece and by the increased visibility at public meetings and other activities. Lucy Leske moved to designate Ben McKelway as official Conservation COniInission representative. So voted. f. Sign letter to rescind Enforcement Order - Nantucket. COmITiOES. A formal lett.er from the Cornrnissic,n to rescind an Enforcement Order issued to SE/,j.8-365 on Sept. 11, 1987 was signed by a majority or the Ccrrmissioners. g. Ne'i-J State 'irJildl ife Regulations - Surnmary. AdrninL:.trat.or Ben McKelv.ray sUITI.rnarized for the Comrnissic1n the revised state regulations issued under the Wetlands Protection Act which now include wildlife habitat as an eighth protectable interest. he made note of the new forms which 'take effect Nov. 1. 1987. h. Report on seminar about Public Hearings. Peter Dum~iddie reported on an October 27, 1987 seminar offered to all Town Board Members and Elected Officials concerning the Open Meeting La'\"~. Copie2. of !fA Gl.li(le to t_he Cll:,en rv~e~t_irlg Lav7" C1.re a"\lailal")le iri tr1e COITlffi.if;sion (;ffi'.:e. J_. Let.tel' to Selectmen - vote a.nd s ign l~egs I et_t.:er. The Corru-r,ission voted to send a letter formally request.ing t.he (h-art of the proposed regulations for wetlands be reviewed by the orrice of the Town Counsel Deutsch, Willia~s, Brooks. DeRensis. Holland and Drachman. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 29, 1987 Page 7 j. Brent Young - SE48-409 - 118 Orange Street - discussion. Lucy Leske reported on activities she had noticed at the .wor;: site which later she and Ben McKelway had determined were not ln compliance with the Order of Conditions issued on May 21, 1987. She said the hedge had been cut down and the haybales were not in the correct location. Mr. Young was present too explain he had t.o cut into l.he He had looked back over haybales were not lL apologies for the hedge by 10 ft and plans to revegetate. the Order of Conditions and realized the the right place. Mr Young expressed his oveTsight. Lucy Leske moved to send a letter stating the activities did not constitu~e a violation of the Order of Conditions and therefore a New Notice of Intent was not required. The hedge along Goose Pond Lane will, however, need to be replaced within 30 days. So voted. k. Ecot- kille:::- proposal - discus::.i.)n. Administrator Ben McKelway O'urnmarized a recent conversation with Bud Cl ut.e. l:"en had s-ent a memo to I11~. Clute giving an appraisal of the prcpo:=ed use of a r')ot - kill ing compound in the sani t_ary seHer 1 ines on the Island. Copies of the memo are available in the ComrT'ti=-sioD office. 3. Eeque-sts for Determination a. :Falll :::.tClj a~k~ - 8 3 Hl:Jnmoc~: inspection was necessary and Pond Road. Another field Has 3cheduled for Nov. 9. 1987. ~. Certificates cf Complia~ce a. Harv~y B. Matthews III - SE48-300 -- Quidnet and Polpis Reads. Administrator BeD McKehT8,y read the results of a rece;-,-I_ field inspection. Glen Wills of Nantucket Surveyors prese~~ed an official copy of the as-built plan for the septic system. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 29, 1987 Page 8 Lee Dunn moved to issue a Certificate stating that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. So voted. b. Margaret Z. Larsen - SE48-17 - Wauwinet Road. Arthur Reade of Reade and Alger was present as agent for the new owners, Mr. and Mrs. Thomas H. Gosnell. Lee Dunn moved to issue a Certificate stating that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. So voted. The Com.'Tlission also voted t.o send a letter rescinding from the above-referenced Order of CJnditions the follo\..ring special condi t.ion: "The COffi-nission shall be notif led by the peti tloner, or her agent, each time the pilings are installed or removed." c. Eben & Ann Reese - SE~8-198. John Shugrue was present as agent for the applicant and requested a withdrawal of the request for a Certificate of Compliance for the project. d. E. Garrett Be'wkes - SE!~8-299 - Squa-n Road - 1l.nother fi.eld inspection was necessary and was scheduled. 5. Orders of Conditions a. Robert S. Yates - SE~8-408 - Great Point Road. Thomas Olivier of Choa~e, Hall and Stewart was present as agent for ~ne applicant. Lucy Leske moved to deny the application based on evidence presented c.t the hearings that the interest.s of Storm Darnage Prevention, Flood Control, Shellfish and Marine Fisheries, Prevention of Pollution. and Public Water Supply would not be adequately protected. The denial was also based on the application's violation of Executive Order 181 which directs state agencies to prohibit development on designated barrier beaches. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 29, 1987 Page 9 Donald Visco felt the tests performed and evidence presented were insufficient to prove the. dwelling would adversely affect those interests. He felt the property owner should be allo\~ed his right to build within condit.ions set by the Commi~,sion tel protect the resources. There was some discussion about velocity zones and a similar case in Eastham. Vote in favor of the motion: Lee Dunn, Lucy Leske, Bill Willet, Carl Borchert; opposed: Donald Visco, Henry Wasierski. So voted. Mr. Olivier requested the COITmissi)n issue the denial without predjudice under the local bylaw, thus avoiding the 60 - day appeal period. Peter Dunwiddie wanted to contact TOv.rn Counsel about this. b. Sherburne Associates - SE~8--~35 - Boat Basin/Easton Street. Lucy Leske moved to issue a standard Order of Conditions. ~o voted. c. Crow's Ne:=t Ass()ciates - SE4,8-44,* - 109 Squam Road. Lee D;JDn moved to issue a standard Order of Conditions to include the following Special Condition: 1. There shall be a 25 ft. wide undisturbed buffer between the house and the wetland. So voted. 6. Correspondence Pe"ter Dl...lnl"iddie announced that due to the volurne cf correspcrlden.c~e beirlg reCei\led by the. C~c;rrmi5sion and the t.2-:ne i't takes at the meetings to read through it, he I"ished to ins-:.i t:.ute a new pelicy tonight where he ,..reuld report on and sum..'Tlarize ,)nly those items of correspondence which he felt were noteworthy. He encouraged the 2'..-est of the Ce'IT1missioners to come in and go through the correspondence file from time to time. The correspondence read was accepted. There being no other business, the meeting adjourned at 10:30 PM.