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HomeMy WebLinkAbout1986-08-14 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Agenda August 14, 1986 A. Public Hearings 1. Madaket Realty Trust - Oakland Street 2. Robert Elliott - SE48-361 - Elliott's Way 3. Thomas Barrows - Cambridge and Tennessee Ave. 4. Stephen McMaster - SE48-362- 26 Western Ave. 5. Granger Frost - 80 Madaket Road 6. Nantucket Commons Trust. 7. L. Dennis Shapiro - Tristrams Ave. 8. Ralph T. Seward - Eel Point Road 9. Martha Wells - Low Beach Road (Lot 28) 10. Martha Wells - Low Beach Road (Lot 36) B. Regular Meeting 1. Minutes of July 31, 1986 2. Requests for Determination a. Pocomo Citizens b. Tim Lewis - Hummock Pond Rd. 3. Orders of Conditions a. Bruce Killen - SE48-3s9 b. Ken Cross & Joan Barr - SE48-360 4. Other Business a. John Kessler - enforcement order. b. Marie Schnetzler - enforcement order c. Frank and James Powers - APRA 5. Correspondence a. Murray Freedman - Elliott b. DEQE - Amendment to Wetlands Act. c. Environmental Network News d. Board of Appeals - Kahn e. Resource Education Institue Seminar 6. Planning Board Referral a. "Siasconset Estates Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minbtes of August 14, 1986 The public hearings of August 14, 1986 were called to order at 7:35 p.m. Members present were: Carl Borchert, Lucy Leske, Lee Dunn, Donald Visco, William Willett and M.J. Williams. Members absent were: Peter Dunwiddie. A. Public Hearings 1. Madaket Realty Trust - Oakland Street. John Shugrue was present as the agent. There being no new information Donald Visco moved to continue the hearing for a file number to be issued by DEQE. SO voted. 2. Robert Elliott - SE48-361. Elliott's Way. Glen Wills was present as the agent. Mr. Wills presented cross section plans of the wall. There was discussion about the longevity of the timbers proposed for below ground consturction. Mr. Murray Freedman's letter of August 9, 1986 voicing his opposition to the project was read by Mr. Borchert. Lucy Leske moved to close the hearing. So voted. 3. Thomas Barrows - Cambridge and Tennessee Ave. Donald Visco moved to continue the hearing for a file number to be issued by DEQE. SO voted. 4. Stephen McMaster - SE48-362 - 26 Western Ave. Bob Emack was present as the agent. Mr. Emack submitted revised site plans, cross section and soil plans. The applicant requested that a deck be allowed outside the 15' set back, the deck is 8 ft. wide and supported by post sunk into soils. Stairs will be a minimum of 3 ft. above the sand. The foundation is to be concrete block. The septic tank location is being moved from what is shown on the original plan. Lee Dunn moved to close the hearing. So voted. s. Granger Frost - 80 Madaket Road. Mr. Frost's letter of August 12, 1986 addressed to DEQE concerning a request for plans to be submitted was read by Mr. Borchert. Lucy Leske moved to continue the hearing for a file number to be issued by DEQE. SO voted. 6. Nantucket Commons Trust - Vice Chairman, Carl Borchert, reviewed the procedures of how the hearing is to be run and asked if there was anyone who felt that this hearing was not a legal hearing under the State Wetlands Act and the Nantucket Town Wetlands By-law for any Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August, 14, 86 page 2 reason. There being no objection the hearing was called to order. Mr. Fred King from Schofield Brothers was present as the agent along with Mr. Robert Sarvis the applicant. Mr. King addressed the Commission stating that plans for the project are being revised at this time on the suggestion of the Planning Board, therefore the Commission does not have a complete filing at this time and therefore the hearing will have to be continued. Mr. King reviewed the resource areas stating that one quarter of the site is wetland area and 40 percent is within the buffer zone. Mr. King identified three wetland areas which were deliniated with the help of the Conservation Commission, (1) a shallow marsh (2) a shrub marsh and (3) a wet meadow. Mr. King reviewed the revised plans explaining that catch basins along with oil seperators are proposed instead of the retaining walls shown on the Commissions plans except along Orange Street which will require a concrete retaining wall. The total wetland area to be filled has been reduced by approximately three quarters and the applicant proposed to replicate the equivalent amount of wetland area to be filled. Replication is to be done using the spoils excavated from the wetland and a Reed Canary mix is to be used to revegetate until natural vegetation takes over. The area to be filled was stated as being 700 sq. ft. Mr. King stated that the project will have little impact on the wetland as the ground water regime will not be effected. The watershed area is approximately 43 acres and only under extrembe storms will it get runoff. The only effect it might have on the wetland would be caused by buildings shading the plant life thereby changing the type of vegetation. There was discussion about the responsibility of maintenance of the property after construction is done. Mr. Sarvis explained that the responsibility would be assumed by a condominium Association. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August 14,86 page 3 Diane Coombs representing the Shellfish Advisory Board was present to voice their concerns about the runoff from the parking lots contaminating the wetland and then discharging into the creeks. S.H.A.B. is concerned with the maintenance of the oil seperators and the chance of pollutants getting through them in a high rainfall storm. Mr. Bill Klein of the Planning Board voiced his concerns about the closeness of the parking lots to the wetlands and the fact that runoff from these ponded parking lots will go directly into the wetlands during rain storms without any filteration. As Mr. King stated the oil seperators will not filter dissolved materials. The parking lots go right to the edge of the wetlands in some areas without any natural border or buffer zone to filter pollutants. Mr. John Roe of the Nantucket Land Council was present to state his concerns with the changes in the flood basin with so much impervious surface. He feels that this is going to cut into the watershed. Mr. Bernard Brenan voiced his concerns stating that he did not understand why the Commission was even considering this project as this is such a "gross envasion on the wetlands". Mr. Borchert explained that in past cases the Commission has required a minimum of 35 feet setback from a primary coastal bank when only one dwelling is proposed and just recently required a 15 foot setback around a wetland where only on house was proposed. There are no concrete setback requirements adopted be the Commission as each case is different. He also noted the lack of definitive plans and the incompleteness of the filing due to changes in the original plans submitted. Mr. John Shey of BSC noted that the Town of Brewster has adopted By laws that restrict all building within 100 feet of a wetland and the Town of Lexington 50 feet, the Town of Newbury 300 feet and downward only when needed. --".1 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August 14, 86 page 4 Lucy Leske moved to continue the hearing for more information requested by the Commission's members: (1) Calculations of the amount of fill to be used in the buffer zone. (2) An inventory of the wildlife using the area. (3) A schedule of maintenance such as trash removal, cleaning of oil seperators and catch basins, etc. (4) A cross section of soils at the downstream end of the wetlands (5) A Hydrological study of the area. (6) An outline of the 100 year and five year Flood Plain. So voted. 7. L. Dennis Shapiro - Tristrams Ave. Mr. John Shugrue was present as the agent. The project is a stairway with all steps, no risers or kick boards. The stairs will be four feet above grade. Lucy Leske moved to continue the hearing for a field inspection and a file number to be issued from DEQE. SO voted. 8. Ralph T. Seward - Eel Point Road. Glen Wills was present as the agent. The applicant proposes to remove the existing structure from its present location 100 feet landward, the existing septic system components will be pumped out then removed and back filled with clean soils. The present foundation will be removed and the disturbed areas loamed and seeded. No alterations to the bank are proposed. The new house location and proposed related work will be outside the 100 ft. buffer zone. Lee Dunn moved to continue the hearing for a field inspection. So voted. 9. Martha Wells - Low Beach Road (Lot 28). Glenn Wills was present as the agent. Lucy Leske moved to continue the hearing for a field inspection. So voted. 10. Martha Wells - Low Beach Road (Lot 36). Lucy Leske moved to continue the hearing for a field inspection. So voted. B. Regular Meeting 1. The minutes of July 31, 1986 were presented to the Commission members for their review. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August 14,86 page 5 2. Requests for Determination a. Pocomo Citizers - Mr. John Shea from McGregor, Shea and Dolinger, Mr. Paul Lelito of BSC and Mr. John F. Mannix were present as representatives. Mr. Lelito reviewed the resource areas with the Commission. Mr. Mannix showed a sample of the algea growth that now exists in the Pocomo area which is to be tested by Gordon Wallace. Donald Visco moved to schedule a field inspection for August 25, 1986. So voted. b. Tim Lewis - Hummock Pond Road. A field inspection was scheduled for Monday, August 16~ 1986 3. Orders of Conditions a. Bruce Killen - SE48-3s9. Orders of Conditions issued on July 31, 1986 but neglected to be signed were signed by the Commission. b. Ken Cross and Joan Barr - SE48-360. Lee Dunn moved to issue Orders of Conditions adding a no coastal revetment clause and that a row of snow fencing and/or stacked hay bales to the south and east of the proposed septic system be used during construction to protect dune grass and the sandy pathway there from wind erosion. So voted. c. Robert Elliott - SE48-361. Donald Visco moved to issue Orders of Conditions adding a no coastal revetment clause, a condition stating that no construction of any kind shall be closer than 20 feet from the edge of the coastal bank and timbers shal3 be wolmanized lumber pressure treated to a minimum of 35 lb/ft , and shall be approved for ground-contact or below ground construction. The retaining wall and fill shall be constructed with such integrity to stand a minimum of 30 years without failure. So voted. 4. Other Business a. John Kessler - Mr. Kessler was required to have a completed Notice of Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August 14,86 page 6 Intent in response to his Enforcement Order, and to have the existing stairway removed on or before this date. No filing was submitted and the stairway was not removed. There being no representative present the Commission voted to send a letter to Mr. Kessler and a copy to Mr. David Morretti reminding him that he is in violation of the enforce- ment order and unless we receive a Notice of Intent and/or the stairway is removed by September 11, 1986 further legal action will be taken by the Commission. b. Marie Schnetzler - Glenn Wills was present as the agent and requested that the Commission allow the planting of grass to stabalize the area before a completed application is submitted and that a four week extent ion be granted to the applicant for a completed Notice of Intent, in response to an Enforcement Order issued on July 17, 1986. Lucy Leske moved to allow the planting and extention. So voted. c. Frank and James Powers - Agricultural Preservation Restriction Application. The Commission discussed the possibility of using Conservation Funds to share in the acquisition cost of the agricultural restriction which would enable the Commission to become a co-holder of the deed restriction. Carl Borchert volunteered to look further into this matter. S. Planning Board Referral a. Siasconset Estates - Lucy Leske moved to advise the Planning Board that the area is not subject to protection under the act. So voted. There being no further business the meeting was adjourned at 10:30 p.m.