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HomeMy WebLinkAbout1986-05-22 -) Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Agenda for May 22, 1986 A. Public Hearings 1. Richard Kotalac - SE48-350 - Miacomet 2. Leonard Sherman - SE48-335 - Squam Road 3. Commonwealth of Massachusetts - SE48-355 - Madaket Boat Ramp 4. Patricia English - SE48-352 - 158 Orange Street 5. Patricia English - SE48-353 - 158 Orange Street 6. Patricia English - 158 Orange Street 7. Joseph Burrows - SE48-351 - 156 Orange Street 8 Joseph Burrows - 156 Orange Street 9. Norma Minstrell - SE48-354 - 50 Tennessee Ave., Madaket 10. Juliet Perkins - 31 Almanack Pond Road B. Regular Meeting 1. Minutes of May 8, 1986 2. Orders of Conditions a. Richard Kotalac - SE48-350 b. Commonwealth of Mass. - SE48-355 c. Stephen Karp - SE48-348 d. Norma Minstrell - SE48-354 3. Request for Determination a. Katherine Nerrie - Caroline Way b. Bruno Latici - 29 N. Cambridge Street, Madaket c. Stephen HcMaster - 26 Western Ave. 4. Certificate of Compliance a. Long Pond Realty Trust - SE48-261 5. Planning Board Refferal a. Glidden - Old South Road 6. Audience to press in public 7. Field Inspections a. John Hussex - 86 Union Street b. Milton Rowland - Wauwinet Road 8. Correspondence 9. Other Business a. Robert Elliott - SE48-73. Violation of Orders of Conditions Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of May 22, 1986 The public hearings of the Nantucket Conservation Commission were called to order at 7:30 p.m. Members present were: M. Arnold, L. Dunn, P. Waine, L. Leske P. Dunwiddie, D. Visco and M.J. Williams. A. Public Hearings 1. Richard Kotalac - SE48-350. Lee Dunn moved to close the hearing. So voted. 2. Commonwealth of Massachusetts - SE48-355. P. Waine moved to close the hearing. So voted. 3. Patricia English - SE48-352 and SE48-353. Mike Bachman was present as the agent. The projects are excavations of a driveway and duck pond at 158 Orange Street. It was the opinion of the inspection team to allow the project as planned. L. Leske moved to close the hearings. So voted. 4. Joseph Burrows - SE48-351. Mike Bachman present as the agent. This project is an ext~ntion of Pat English's driveway. L. Leske moved to close tne hearing. 5. Patricia English - 158 Orange Street. ~. Leske moved t) :cntinue the hearing for the pier as no file number has been issued from DEQE. SO voted. 6. Joseph Burrows - 156 Orange Street - L. Leske moved to continue the hearing for the pier as no file number has been issued from DEQE. SO voted. 7. Norma Hinstrell - SE48-354. P. Dunwiddie moved to close the hearing. So voted. 8. Juliet Perkins - 31 Almanack Pond Road. Mike Bachman was present as the agent. The project calls for the creation of a waterfowl pond. The opinion of the field inspection team was that the marshy bog serves as an important flood retention area and as a filter for nutrients and contaminants from water. Concearns were voiced about the continuation of this process after the vegetated wetlands that exist now are excavated. The applicant Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 feels the vegetation that is taken out for the creation of the pond will naturally revegitate in another area within a few months. Lee Dunn moved to continue the hearing for a file number from DEQE. SO voted. 9. Leonard Sherman - SE48-335. The hearing was continued until June 4, 1986 as the agent was not present. B. Regular Meeting 1. Minutes of May 8, 1986. P. Dunwiddie moved to approve the minutes. So voted. 2. Orders of Conditions a. Patricia English - SE48-353. P. Dunwiddie moved to issue Orders of Conditions stating that the spoils will not be distributed in the existing wetland. So voted. b. Patricia English - SE48-352. L. Leske moved to issue standard Orders of Conditions. So voted. c. Joseph Burrows - SE48-351. P. Waine moved to issue Standard Orders of Conditions. So voted. d. Richard Kotalac - SE48-350. L. Leske moved to issue Orders of Conditions adding: (1) this order must be recorded in the registry of deeds befor work begins. (2) Any proposed change in the approved plans or in the work the applicant shall file a new Notice of Intent or inquire in writing of the Department whether the chane is substantial enough to require a new Notice of Intent. (3) The untility trench is to be no more than 1 foot wide by 4 feet deep and is to be dug with a ditch witch. (4) Excavated materials are to be places on the landward side of the trench until back filling occurs. (5) All areas stripped of vegetation must be revegetated, with 30 days of complection of the project or as soon thereafter as the growing season commences, with appropriate ground cover and local indigenous shrubs. So voted. e. Commonwealth of Massachusetts - SE48-355. P. Waine moved to issue standard Orders of Conditions. So voted. .....~ ~~~!.ucJr;~.... "'or ~~1-'" ~t \~1: Qf~~Ult ........ ~:.: . .~_:::: --~~ J :! .... -. .. . """.. .......~.. ~~::- .M. :: ... ".....~. ........'o.t .....O-9::........E'~. ,$' ~Ao.~~rO R A 1.. ....." -.......".. Town of Nantucket Conservation Comlnission Town and County Building Nantucket, l\lassachusetts 02554 f. Stephen Karp - SE48-348. P. Dunwiddie moved to issue a denial of this project. So voted. For the reasons set forth below, the Nantucket Conservation Couuuission denies the Notice of Intent of Stephen Karp, File No. SE48-348 for a pier at Shimmo Point. The Commission, however, has nqt considered and does not address at this time other activities and proppsals of the applicant in respect of the subject parcel which involve different design, structures, locations, or types and which are not included in the Notice of Intent at issue. Based on testimony presented at the public hearing by the Shellfish, Ilarbor Advisory Board, Nantucket Shipyard owner, scallopers, and concerned residents, the Commission finds that this project will most likely harm Eel grass and scallop beds in the area as well as physically interfere with associated comm~rcial and recreational scalloping, and this will cause substantial harm to the public. Specifically, the pier would be located in one of the healthiest, highest yielding scallop beds in Nantucket Harbor. This is also one of the few areas free of the MPX disease and therefore has a critical potential for future restocking to other beds. The Commission feels that the construction of the pier and subsequent use would damage the Eel grass beds in the immediate area and impair the viability of this important shellfish resource. The completed pier would greatly interfere if not prohibit commercial scallop dredging parallel to Shimmo Beach - an important all-season tow to the major local fishery. The pier would also obstruct access to more inshore beds to the recreational sca110pers. This area, because of its funnel-neck relationship to the upper harbor, is subject to strong tidal flows and therefore heavy ice movements in winter. A pier there would likely experience serious ice damage in severe winters with additional and re-occurring damage to Eel grass and scallop beds associated with dragging timbers and pilings and repairs. Additionally, The Commission finds that another pier in this area would impair wetland scenic views from both shore and harbor, as unimpeded vistas of beach and water are primary aspects of this local by-law interest. The Commission finds no feasible conditions or safeguards for this project which would prevent such above stated harm from occurring. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 g. Norma Minstrell - SE48-354. P. Dunwiddie moved to issue standard Orders of Conditions. So voted. 3. Request for Determination a. Bruno Latici - 29 N. Cambridge Street. L. Dunn moved to issue a negative determination stating the work described is within a Buffer Zone, 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. b. Stephen McMaster - Lee Dunn moved to issue a negative determination stating the work is within an area subject to protection under the act, but will not remove, fill, dredge~ or alter the area. Therefore, said work does not require the filing of a Notice of Intent. 4. Certificate of Compliance a. Long Pond Realty Trust SE48-261. L. Dunn moved to issue a Certificate of Compliance. So voted. 5. Planning Board Referral a. Glidden - Old South Road. The commission voted to advise the Planning Board that the area is not subject to protection under the act. 6. Correspondence a. Nantucket Airport Commission - plans submitted of stamped engineering designs were rejected by the Commission as only one page was stamped by an engineer. P. Dunwiddie is to write a letter stating this. 7. Other Business a. Robert Elliott - SE48-73. The commission voted to issue an Enforcement Order to Mr. Elliott on a retainment wall which was constructed by Mr. Elliott on the weekend of May 16 - 18~ 1986. The Order is to state: (1) The property owner, his agents~ permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this propert. (2) Completed application forms and plans shall be filed with the Nantucket Conservation Commission and Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 no further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. (3) The property owner shall take every reasonable step to prevent further violations of the Act. A field inspection was scheduled for Tuesday May 27 to view to retainment wall. b. The commission discussed the possibility of mailing copies of the Wetlands Protection Act Pamphlets to members of the Contractors Association and running a public service advertisement in the Inquirer and Mirror to make people more aware of the laws protection the Wetlands. There being no further business the meeting was adjourned at 9:30 p.m.