HomeMy WebLinkAbout1986-11-25 Special Meeting
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of November 25~ 1986
The special meeting of November 25~ 1986 was called to order at 7:30 p.m.
Members present were: Peter Dunwiddie~ Lee Dunn~ Carl Borchert~ Lucy Leske~
William Willett~ Maryjane Williams and Donald Visco.
1. Nantucket Commons Trust - SE48-365.
Lucy Leske opened the discussion on Orders of Conditions for this project
by requesting that the discussion lean towards approval of the project.
She feels that the Commission would have more control over the project
than if DEQE issued superceeding conditions if appealed by the applicant.
Donald Visco moved to approve the prject with conditions as suggested by
the engineers of the applicant and of BSC and to have the Orders subject
to review if soil conditions or ground water levels are found to be different
than anticipated by the applicant or the Commission. Lucy Leske seconded the
motion.
Mr. Dunwiddie pointed out that the applicants response to BSC's report and
new plans were submitted after the hearing was closed.
Mr. Dunwiddie also discussed his and Mr. Dunn's calculations on the amount
of undisturbed buffer. Calculations show somewhere between 2000 and 3000
square feet less undisturbed buffer by their calculations than what the
applicant calculates.
Mr. Borchert stated that he would like the discussion to lean towards denial
of the project for these reasons:
(1) the pollution to ground water is not minimized. Two of the wetlands
are ground water wetlands. If the oil seperators fail~the pollution goes
right into these wetlands. He suggests using settling ponds that would
collect 100 year storm runoff as required in the Woodbury Lane development.
(2) At the beginning of the hearings discussion was started at a fifty
feet undisturbed buffer as being reasonable. He conce ded to a twenty-five
feet buffer as being OK~ but the applicant still hasn't provided that. He
is not so concerned with building three as much as he is concerned with the
parking area by Hatch's as there is only a six foot setback.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of November 25~ 1986
page 2
Mr. Borcert also stated that approval for this project would have to have
so many Orders of Conditions that it would be too complicated to do and
would lead to a major change of the plans. It is the burden of the applicant
to provide plans that the Commission can approve. He stated that he is also
concerned with the maintence requirements for this plan and the density of
the project with twenty five feet setback requirements when the Commission
requires a twenty five foot setback when there is only one dwelling.
}lr. Borchert also discussed the lack of control the Commission will have
on the Condo Association if and when the catch basins that are so crucial
to pollution control are not cleaned. He also stated that there is not
enough separation between the bottom of leach facilities and ground water
to fillter heavy metals~ nitrates~ etc. Mr. Visco argued that the amount
of pollution that this project will generate is minimal. The whole area
around the project is Town water~ no one in the area is using wells.
Lucy Leske feels that well designed~ well written Orders of Conditions can
be written to protect the interests of the Act.
Mr. Dunwiddie asked whether it was right for the Commission to write Orders
of Conditions that incorporate the suggestions of BSC and the Commission
when they would make major changes in the applicants plans.
Lee Dunn discussed the precedent the Commission would set in approving a
plan of this density with only a twenty-five foot set back requirement
when the Commission is coming close to having in their By-laws a fifty
foot set back requirement. Maryjane Williams expressed the same concern.
Maryjane Williams expressed her concern with the 2000 to 3000 feet discrep-
ency in undisturbed buffers.
Mr. Borchert stated that pollution~ flood control~ wildlife~ groundwater
protection are the interests that the applicant should protect for this
project. Mr. Visco questioned the wildlife values that need to be protected.
Mr. Dunwiddie read from MACC's newsletter of March/April 1986 regarding the
Sweeden's Swamp issue of "the loss of wetlands from this project is avoid-
able~ since there are other~ less environmentally damaging sites in the
area which could satisfy the basic project purpose of providing retail shopping.
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes~of November 25~ 1986
page 3
A vote was taken on Mr. Visco's motion to approve the project. Donald Visco
and Lucy Leske were in favor. All others against.
William Willett moved to dency the project for the following reasons:
1) The twenty-five feet undisturbed buffer as requested by the
Commission was not provided.
2) The wildlife~ groundwater protection and pollution interests were
not adequately protected.
Carl Borchert seconded the motion.
Mr. Borchert stated that he feels the pollution and oil drip calculations
provided by the applicant are incorrect. He feels the amount is ten times
greater than reported. He also feels that the whole pollution scheme depends
entirely on a maintence schedule impossible to enforce. Prevention of
pollution is two fold:(l) to the ground water and (2) to the wetlands.
Mr. Dunn noted that according to BSC's testimony the minimal amount of
distance provided between the leaching facilities and separators and ground
water allows infiltration of other pollutants other than oil.
Mr. Borchert stated that the application is too complicated to write Orders
of Conditions for and would change plans drastically and that the applicant
should reapply without prejudice by the Commission on any new plans submitted.
Mr. Willett's motion stands that the application does not adequately protect
1) Prevention of pollution - separation between the catch basins and
and leaching facilities and ground water does not prevent infiltration
of pollutants and the maintence schedule required for the catch basins
is impossible to enforce.
2) Wildlife - the applicant did not provide the minimum of twenty five
feet buffer as requested by the Commission which was based on test-
imony given by BSC~ Nantucket Land Council~ and abbutters.
3) Any Orders of Conditions that the Commission could come up with
that would adequately protect these interests would put them in an
engineering position and therefor would be too complicated to write
and enforce and would be a major change in the plans presented by
the applicant.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of November 25~ 1986
A vote was taken on Mr. Willett's motion to deny the project. Lucy Leske
and Donald Visco opposed. All others in favor. The motion to deny the
project was passed.
Mr. Robert Sarvis stated that he would like it on the record that he
feels that Mr. Borchert is and has been biased and would like a copy
of tonight's tape.
There being no further business the meeti~was adjourned at 9:00 p.m.