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HomeMy WebLinkAbout186-09-11 Agenda for September 11, 1986 A. Public Hearings 1. Nantucket Commons Trust - SE48-365 2. Granger Frost - SE48-368 3. John Kessler 4. Martha Wells - Lot 28 - SE48-369 5. Martha Wells - Lot 36 - SE48-370 6. Michael E. Sparrough B. Regular Meeting 1. Minutes of August 28, 1986 2. Request for Determination a. Design Associates b. Design Associates c. Design Associates d. John Shugrue e. Milton Rowland 3. Certificates of Compliance a. Stuart Steele - SE48-273 b. Joseph Teelier - SE48-307 4. Orders of Conditions a. Granger Frost - SE48-368 b. Martha Wells - SE48-369 c. Martha Wells - SE48-370 5. Other Business a. Board of Selectmen - Mosquito control b. Enforcement Order - Gardner c. Marie Schnetzler - Notice of Intent 6. Correspondence 1 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 11, 1986 The public hearings of the Nantucket Conservation Commission were called to order at 7:35 p.m. Members present were: Carl Borchert, Peter Dunwiddie, M.J. Williams, William Willet, Lucy Leske, Lee Dunn. Members absent were Donald Visco. A. Public Hearings 1. Nantucket Commons Trust - SE48-365. The chairman reviewed the standard procedures for conducting the hearing and called the hearing to order. Mr. Tillotson's letter of September 10, 1986 requesting Carl Borchert and Lucy Leske to remove themselves from consideration of the Commons application due to conflict of interest was read. Mr. Tillotson also named Maryjane Williams as also having a conflict as she is employed by Sherburne Associates. Carl Borchert stated that he has no conflict and is unbaised. Lucy Leske read her letter of September 11, 1986 disclaiming any conflict as an employee of Marine Home Center. Maryjane Williams stated that she is an employee of Sherburne Associates for only four more weeks and will be unbaised. Mr. Philip Notopoulos presented color coded revised plans for the project. Buildings 2,4,7,8 and 18 have been moved further away from the wetland. He stated that 2,400 sq. ft. of fill will be used and 2,500 sq. ft. will be replicated. ~E~_-1_~!-!l_e.s__Hall of IEP reviewed his letter of September: 19, 1986 regarding Oil and Gas"Irom the parking lots. He stated that studies on the success of the oil seperators is little. Mr. Hall stated that the estimated time of travel of ground water from the site to the salt marsh is 100-365 days. Mr. Michael Marcus of IEP reviewed his letter of September 9, 1986 regarding the Wildlife and Wetlands Assessmet of The Commons application. Mr. Fred King of Schofield Brothers submitted revised Erosion and Sediment Control Plans and reviewed the wetland replacement detail, the 100 year flood elevation and the revised drainage calculations. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of 9/11/86 page 2 There was continued discussion on the request of the applicant for members to step down. Mr. Borchert feels that the State Ethics Committee should review whether there is a conflict of interest. Mr. Tillotson stated that it is an individual decision and has already been decided - no need for ethics committee review. M.J. Williams moved to speak to Town Counsel again on this matter. Lucy seconded the motion. So voted. There was discussion on the damaging effect of building verses cars on the wildlife. Mr. Marcus stated that the birds become habitated to noise wheras buildings interfere with flight patterns. Buildings create shading which reduces productivity of plant life. There was discussion on the maintenance of the paved areas and the effect that freezing temperatures will have of the affectiveness of the grass as a filter. Mr. Notopoulos stated that the grass filters whether it is frozen or not~---Hestated that if the 3~ acre lot was full, only ~ quart of oil a day would be estimated from the site. If the grass is frozen then the filtering is reduced. Mr. Dunn stated that once the oil and gas are in the ground water the setback makes no difference. The pavers have not been approved by the Planning Board as yet. There was further discussion about the setbacks for this project. Mr. Marcus stated that he feels that the interest pertinent to this project can be protected by the proposed setbacks as this is not a contiguous wetland. If this had more interest: more flood storage, a connection to shell fishery beds or the type of wildlife using the area were different maybe the project would require larger setbacks. Carl Borchert questioned the use of pavers on sloping parking lots as the U.S. Environmental Protection Agency report states these are used on relatively flat surfaces. Mr. Hall say's that the Condo Association will have to keep them clean. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of 9/11/86 page 3 Diane Coombs representing the Shellfish Advisory Board was present. She stated that this is not an isolated wetland - that it does go into the creeks. She is concearned with gas not breaking down like oil does. Mr. Hall stated that there is no surface connection but there is ground water flow to the creeks. The amount of gas spillage would be extremely small so there is no issue for concearn. Mr. Philip Avery questioned the Commissions concearn with oil and gas as there is a gas station right there. The commission responded saying that the station was not located on wetlands but on an old railroad bed and the Commission should not be held responsible now for past commissions mistakes. Mr. John McCormick, attorney for Marine Home Center and Sherburne Associates was present. He feels that the applicants have not responded to the Commissions on Buffer Zones and seem confused on the importance of the Wetlands. Also concearned with the hydrology reports lacking rate and volume of ground water flow. Mr. Hall stated he does not feel that a major hydrologic study is necessary. Arlene Wilson, Director of Environmental Sciences for BSC was present. She suggests that the area be flagged as the U.S.G.S map of 1951 shows a larger wetland are that now exists. The success of the "grass crete" will be determined by the underlayment sediment; grass type; etc. (i.e. stone dust doesn't perc. well) snow plowing can break up this material; the microclimatic in pavers is important. It will take four or five years before the organtic process for filtering will take over. It is very important to know soil types, perc rates, etc. to get attensuation rates. Ms. Wilson suggested using Cape setback requirements as guidelines as the areas are more similar. She stated that shrub area borders are very important for the growth of wetland in wet years. The installation of parking lots, roads, and buildings four to fifteen feet from the wetlands will cause damage and later on during maintenance. She feels that a minimum of 25 feet buffer is needed to protect vegetation. She also suggests using a more dominent stock of grass other than Reed Canary for replication. Wilson stated that there is no question that human activity will increase the impact on the wetlands. Margaret Berkheimer presented more names asking for a 100ft. buffer. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of 9/11/86 page 4 John Roe of the Nantucket Land Council feels that a smaller wetland is more sensative than a larger one and needs bigger buffers. Mr. Tillotson brought up the Hatches project noteing that the public hearing only took nine minutes and the Commission requested that hay bales be used around the site as the only condition when 7,000 gallons of gas is at the site. He asked where is the perspective? Carl Borchert moved to continue the hearing with the consent of the applicant for a field inspection Wednesday September 24, 1986. So voted. 2. Granger Frost - SE48-368. Lucy Leske moved to close the hearing. So voted. 3. John Kessler - Mr. David Moretti was present as the agent. The stairway has been pulled up 3 feet off the bank, area has been seeded. The applicant would like to do without a trestle step up. Carl Borchert moved to continue the hearing for a file number to be issued by DEQE. SO voted. 4. Martha Wells - SE48-369 - DEQE file number was received. Carl Borchert moved to close the hearing. So voted. 5. Martha Wells - SE48-370 - DEQE file number was received. Carl Borchert moved to close the hearing. So voted. 6. Michael Sparrough - Miacomet Ave. The field inspection report was read. The inspection team recommends using hay bales within ten feet to the pond side of the house. Carl Borchert moved to continue for a file number. So voted. B. Regular Meeting 1. The minutes of August 28, 1986 were presented to the Commission for their review. Approval was defered until September 25, 1986. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of 9/11/86 page 5 2. Requests for Determination a. Design Associates - (Barnett) Baxter Road. Lee Dann:-.ffiGved nr--r-r to issue a positive determination stating that the work described in the request is within an Area Subject to Protection Under the Act, and will remove, fill, dredge or alter that area. Therefore, said work requires the filing of a Notice of Intent. So voted. b. Design Associates - (Barnett) Baxter Road. An addition near the cut. Lucy Leske moved to issue a negative determination stating that the work described is within the buffer zone but will not alter an area subject to protection under the act. Therefore, said work does not requre the filing a Notice of Intent. The Commission also voted to add the no coastal revetment clause to this determination. c. Design Associates - (Gund). The pool is located on the edge of the buffer zone. Carl Borchert moved to issue a negative determination stating the work described in the request is within the Buffer Zone but will not alter an area subject to protection under the act. Therefore said work does require the filing of a Notice of Intent. So voted. d. John Shugrue - Tom Nevers, Atlantic Blvd. The Commission voted to issue a negative determination stating that the work described in the request is within the 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. e. Milton Rowland -(Mitchell). The Commission voted to issue a negative determination stating that the work described in the request is within the Buffer Zone, but will not alter an area subject to protection under the act. Therefor said work does not require the filing of a Notice of Intent. 3. Certificates of Compliance a. Stuart Steele - SE48-273. Lee Dunn moved to deny a Certificate of Compliance as the dune elevation has changed and has been seriously cut. A Certificate of Compliance shall be issued when the dune has been planted and stabilized. Mr. David Champoux's landscaping plans were also denied as any further work on the project requires the filing of a Notice of Intent. So voted. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of 9/11/86 page 6 b. Joseph Teelier - SE48-307. Carl Borchert moved to issue a Certificate of Compliance and sign it when the form is ready. So voted. 4. Orders of Conditions a. Granger Frost - SE48-368. The Commission voted to issue Orders of Conditions adding: The spoils area shall be revegetated immediately with an annual grass mix to temporarily stabilize the area through the winter. b. Martha Wells - SE48-369 and SE48- 370. Carl Borchert moved to issue Orders of Conditons adding: To protect the valuable wildlife resources located on the site and to prevent damage and erosion to the coastal bank, no alteration or construction shall occur within 30 (thirty) feet of the top of the coastal bank. This includes lawns, patios, decks, or any other alteration that would change the fragile natural vegetation of this coastal heathland. 5. Other Business a. Dionis Dune Restoration Project - Mr. David Champoux was present to ask about construction of vehicle barrier near the dunes. The Commission advised his to file a request for determination. b. Warren's Landing - William Willet is to look into the possibility of burning. c. Mosquito Control - Bud Klute who was to address the Commission did not show up. d. Enforcemet Order - Gardner. A letter from Frank Powers concerning the use of the pond for agricultural use was read. Carl moved to read the regulations and take appropriate action at the next meeting. So voted. e. Marie Schnetzler - requested a four week extention for filing a Notice of Intent due to HDC. Carl moved to issue the extention. So voted. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 11,86 page 7 6. Correspondence 1. Elliott Appeal - DEQE appeal by Murray Freedman was denied as the 10 day appeal period had lapsed. 2. Superceding Order of Conditons on Marion Morton - DEQE upheld Con Comms decision. 3. Madaket Bike Path Impact Report. does not require the preperation of an Environmental There being no further business the meeting was adjourned at 11:20 p.m.