HomeMy WebLinkAbout1986-10-23
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Agenda October 23, 1986
A. Public Hearings
1. John Kessler - SE48-377
2. Anthony Hoffman - SE48-373
3. Bruce Failing - sE48-372
4. William C. Cox Jr. - Easton Street- SE48-376
5. Marie Schnetzler - Eel Point Rd.
6. J. Daniel Lugosch 111- 15 Fulling Mill Rd.- SE48-378
7. Heinz and Rooney - Hinkley Lane
8. Nantucket Commons - SE48-365
B. Regular Meeting
1. Minutes of October 9, 1986
2. Requests for Determination
a. Board of Selectmen - Dionis Dunes
b. Robert Sarvis - DeWolf Associates
c. Robert Sarvis - DeWolf Associates
3. Certificate of Compliance
a. Robert Elliott - SE48-361
4. Orders of Conditions
a. John Kessler - SE48-377
b. Anthony Hoffman - SE48-373
c. Bruce Failing - SE48-372
5. Field Inspections
a. Tom Hood - 20 Fulling Mill Rd.
b. Mary Huffman - Jefferson Ave.
6. Other Business
a. Powers
b. Conservation Officer - Dukes County
7. Correspondence
a. Juliet Perkins - McIlvains
b. Mass. Society of Municipal Conservation Professionals
c. Nantucket Planning Board - Nantucket Commons
d. James Hall - Nantucket Commons
e. Mass Assoc. of Conservation Commissions - DEQE personell.
d. William C. Cox Jr. - SE48-376
e. J. Daniesl Lugosch III - SE48-378
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 23, 1986
The public hearings of October 23, 1986 were called to order at 7:30 p.m.
Members present were: Lee Dunn, Peter Dunwiddie, Carl Borchert, Donald
Visco, Lucy Leske, William Willett, and Maryjane Williams.
A. Public Hearings
1. John Kessler - SE48-377. Lee Dunn moved to close the hearing and to
schedule a field inspection before issuing Orders of Conditons. So
voted.
2. Anthony Hoffman - SE48-373. Richard Earle was present as the agent.
Plans were modified showing the deck 18 feet away from the wetland.
Lee Dunn moved to close the hearing and to write the applicant
warning him of the probability of his house flooding. So voted.
3. Bruce Failing - SE48-372. Lucy Leske moved to close the hearing. So
voted.
4. William Cox Jr. - SE48-376. John Shugrue was present as the agent.
Revised Notice of Intent including Virginia P. Hutton's name as
an owner was presented along with plans showing the location of
four groins to be repaired. Lee Dunn moved to close the hearing.
So voted.
5. Marie Schnetzler - SE48-375. Lucy Leske moved to close the hearing.
So voted.
6. J. Daniel Lugosch III - SE48-378. Richard Earls was present as the
agent. The applicant wants approval to leave the existing boat shed
where it is. The Commission requested that the shed be moved back
into the scrub area (above the 6 foot contour line) and have the
building on a piling foundation as the building is subject to storm
damage. Lee moved to continue the hearing. Carl Borchert abstained
from voting. All others in favor.
7. Heinz and Rooney - SE48-374. Bob Emack was present as the agent.
Plans were submitted showing a cross section of the bank, contours
of the property. The applicant does not wish to do any work on the
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of 10/23/86
page 2
bank at this time and will file a Notice of Intent at a later date
for landscaping. The foundation is located 42 feet from the bank
with the deck being 30 feet from the bank. Lucy Leske moved to close
the hearing. So voted.
8. Nantucket Commons Trust - SE48-365. New color coded plans for the
lower portion of the project were submitted and reviewed by Mr.
Philip Notopoulos.
Light Blue - line of wetlands
Cross Blue - replicated wetlands
Cross Dark Green - filled wetlands
Dark Green - undisturbed buffer
Light Green - revegitated disturbed buffer
Black line - 25' line from wetlands
Mr. Notopoulos also submitted and reviewed statistical sheet comparing
new plan to October 9th plan.
Mr. Gerald Buzanoski of Schofield Brothers presented and reviewed
plans of construction and details of Erosion controls. He stated that
grading techniques should not be a problem as slopes are very small.
Orders should state that roadways and utilities will be completed
before construction of buildings begin. The Commission requested
that water be used for dust control rather than calcium chloride as
suggested. Temporary on site detention basins will be constructed
so that no water will flow over bare earth into the wetlands but will
go into the ground water.
The Commission questioned the need for the retaining wall shown on
the plan. Mr. Sarvis stated that the wall is no longer necessary and
will be deleted as the Commission desires.
Mr. Dunn asked the applicant why they were not considering a retention
basin in the cross tooth section. Mr. Marcus stated that they felt
that a high density of grass for sheeting effect would be better for
water quality when recharging the wetlands.
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of 10/23/86
page 3
Mr. Marcus reminded the Commission that this area was being considered
as a bordering vegetated wetland by the applicant and not as an isolated
wetland and that the wildlife using this area have very small habitats.
He feels that the Commission is overstepping their jursidiction by
asking for a buffer in the uplands even though the applicant is willing
to provide them.
Mr. James Hall's maintenance schedule report of October 14, 1986 was
presented to the Commission and was advised to include this in the
Condo Association management requirements.
The issue of a bond requirement was discussed and it was agreed that
Schofield Brothers would propose a bond amount.
Mr. John McCormick attorney for Marine Home Center and Sherburne
Associates was present and advised the Commission on three points:
1) A detailed analysis of oil seperators was asked for and had
not been made available for review.
2) That a replication plan should b~.subm~tted by the applicant.
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Repl~cant~on schemes are at the ~~c~,c~of the Commission
and not a right of the applicant.
3) The proposed 25' buffer zone is not a true buffer. Fifteen feet
is being disturbed.
Mr. Robert Daylor of BSC was present representing Marine Home Center
and Sherburne Associates. He expressed his concern about the performance
standard at 100 year storm. He feels that building on the edges of
these wetlands without erosion getting out of hand is not probable. He
recommends that the Commission require a strategy for infiltration
system and planting plans.
Ms. Arlene Wilson of BSC was present representing Marine Home Center and
Sherburne Associates. Ms. Wilson pointed out discrepencys in planting
plans of Dave Champoux's and erosion control plans. Planting plans do
not allow thick shruby growth, rather the applicant proposes upland plants.
The reed canary mix proposed should be changed to a natural mix. She
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of 10/23/86
page 4
also expressed concern with the upper part of the plan not providing
any natural buffers and the discrepencys in the setbacks shown on
the plan and the staked setbacks shown on the field inspection of
September 24, 1986. Ms. Wilson suggests that the Commission put
safeguards in the Orders about disturbing foundations later. She
also suggested that the Commission think about requiring a berm along
the siltation line around the discharge area. Ms. Wilson also voiced
her concerns about the leaching facilities elevations. She feels that
the plant life suggests that ground water is at a higher level at
some time of the year than IEP's reports show. Mr. Marcus stated that
the lush green areas are present because that wetland is perched.
Mr. John Roe of the Nantucket Land Council presented his report on
the vegetation found on the site. He expressed his concerns with
larger trees found in the buffer zone that would be disturbed. Mr.
Notopoulos stated that it was not the intention of the applicant to
clear cut in the light green areas, rather to disturb as little as
possible in these areas. Mr. Sarvis stated that he will be very
flexible in allowing the Commission to require a planting plan of
whatever they want.
Lee Dunn moved to continue the hearing until November 6, 1986 for the
following information to be submitted by the applicant by Tuesday,
October 28th for the Commissions review.
1) Plans showing relocation of wetlands replication areas along
Bear Street.
2) The removal of the retaining wall from building number 3.
3) Wetland replication procedures and buffer zone work.
4) Clarification of proposed property line on plan.
5) Plan showing silt fEnce for southerly wetland adjacent to
Nantucket Savings Bank land.
6) Plan of detention basins for temporary dewatering operations.
7) Proposed bond amount.
Donald Visco and Lucy Leske opposed to continuing, all others in favor.
So voted.
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of 10/23/86
page 5
B. Regular Meeting
'1
1. The Commission voted to review the minutes of October~, 1986 and
to vote on them on November 6, 1986.
2. Orders of Conditions
a) Anthony Hoffman - SE48-373. Lee Dunn moved to issue a standard
Order of Conditions. So voted.
b) Bruce Failing - SE48-372. Lee Dunn moved to issue Orders of
Conditons adding that no substantial changes to the existing
bulkhead will be permitted other than repairs. So voted.
c) William C. Cox - SE48-376. Lee Dunn moved to issue standard Orders
of Conditions. So voted.
d) Marie Schnetzler - SE48-375. Lucy Leske moved to issue standard
Orders of Conditjons. So voted.
3. Request for Determination
a. Town of Nantucket - Dionis Dunes Project. Carl Borchert moved to
issue a negative determination stating that the area is subject
but will not adversly alter, rather the proposed work will only
improve the area. So voted.
b. Robert Sarvis - DeWolf Associates - The Commission voted to request
the applicant to brush cut and stake the area for access during
field inspections.
4. Certificate of Compliance
a. Robert Elliott - SE48-365. Lucy Leske moved to deny the issuance
of a Certificate of Compliance as the shaded area on Plan N1586,
sheet 2, was to be revegitated with natural vegetation, not lawn.
So voted.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of 10/23/86
page 6
5. Other Business
a. Frank Powers of Gardner's Mt. Vernon Farm was present in response
to the Commissions request to address the activity taking place
in the wetland located on his property. The Commission advised
Mr. Powers that the Act requires him to file a Notice of Intent
for activity in a wetland even when it is used for agricultural
purposes. Donald Visco moved to send a letter to Nantucket
Cranberry Company requiring them to file a Notice of Intent
for activity in the bog. So voted.
b. Duke County Selectmen's letter regarding the hiring of a full
time Conservation Officer was read. The Commission voted to
have Carl Borchert write a letter stating the Commissions support
for the need of such an officer.
b. Juliet Perkins letter regarding landscaping plans for Elizabeth
Mcllvains project (SE48-332) was read. Lucy Leske moved to
write a letter to Ms. Perkins stating that absolutely no construction
of any kind will be allowed within 30 feet of the bank bordering
the pond and that the driveway plan shown of the landscape plans
was not approved in that location by the Commission. So voted.
There being no further business the meeting was adjourned at 11:10 p.m.