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.