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HomeMy WebLinkAbout1985-09-19 Town of Nantucket Conserv a hon Commission Town and County Building Nantucket, Massachusetts 02554 Agenda September 19, 1985 A. Public Hearings l. Miacomet Pond - SE48-313 2. Sesachacha Pond - SE48-317 3. Hummock Pond - SE48-318 4. Long Pond Realty Trust - SE48-321 5. Long Pond Realty Trust - SE48-323 6. Long Pond Realty Trust - SE48-324 7. Long Pond Realty Trust - SE48-325 8. Long Pond Realty Trust - SE48-326 9. Long Pond Realty Trust - SE48-327 10. Long Pond Realty Trust - SE48-328 1l. Long Pond Realty Trust - SE48-329 12. Long Pond Realty Trust - SE48-330 13. Lars O. Soderberg - SE48-320 14. Dexter D. Coffin - SE48-331 15. Emory and Ellen 1"reeman - SE48-322 B. Regular Meeting l. Minutes of September 5, 1985 2. Audience to the Public. dfi....~ .. ~t-llTUC1r(-~ ~~~ ~~ d ~Vb\ ::'.. Wi . \;;,-"", : . I ..\~_--:-' 1....~ U" ~-s,. i", ;: " C'..... ~ .........'0 ~ "10_ <> -9'P..........., \). ~ -.4lt.~ORA1... ....~ ~............... Town of Nantucket Conservahon Commission Town and County Building Nantucket, Massachusetts 02554 3. Orders of Condition a. Clark Cove - SE48-316 b. Squam Pond - SE48-314 c. Reed Pond - SE48-315 d. Woodbury Realty Trust SE48-312 e. Lars O. Soderberg - SE48-320 f. Dr. Linden H. White Jr. - SE48-319 g. Dexter D. Coffin - SE48-331 h. Emory and Ellen Freeman - SE48-322 i. Jeffrey Cohen - SE48-240 4. Request for Determination a. Harrison S. Fraker - East Eel Point Rd. b. Islander Realty Trust - Wamasquid Rd. c. Andrew J. Leddy - Ocean Ave. Siasconset d. Robert Dorr Jr. Grove Lane e. Elizabeth Holdgate - Millbrook Rd. 5. Certificates of Compliance a. Sanford - SE48-178 b. Glidden - SE48-81 c. Cutting - SE48-47 Town of Nantucket Conservahon Commission Town and County Building Nantucket, Massachusetts 02554 d. Hugh Sanford - SE48-178 6. Correspondence a. Indian Summer Sports b. Choate, Hall & Stewart - Long Pond Realty Trust c. Mass. Soc. of Municipal Conservation Professionals d. Nantucket Garden Club - Woodbury e. Robert P. Fagan, DEQE - Long Pond Realty Trust f. McGregor, Shea & Doliner - Sesachacha Pond g. DEQE - permits required for ponds h. McGregor, Shea & Doliner - Kotalac i. Holmes - Marion Morton j. U.S. Dept. of Commerce Get the Drift & Bag It Town of Nantucket Conserv a hon Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 19, 1985 The public hearings of September 19, 1985 began at 7:30 p.m. Members present were: M. Arnold, P. Waine, D. Visco, L. Dunn, L. Leske. Members absent were: P. Dunwiddie. A. Public Hearings 1. Sesachacha Pond - SE48-317. Mr Donald Oliver was present as the agent - Mr. David Asherman from E.C. Jordan prepared the Notice of Intent. The Town is still waiting on the final hydrological report from Mr. Asherman. The commission asked to have Mr. Asherman present at the October 3, 1985 meeting if possible. - The commission asked that the pond committee submit answers to the questions raised by Mr. John Roe and Mr. Gregor in their submitted papers. - Mr. Oliver submitted a paper on a dive that Ken Kelly and Jay Sisson did in Sesachaca Pond. - Mr. Ed Metcalf taked about the ponds being opened the first week of April and first week in October to allow fish in and out. - Mr. Oliver said some wells in Squam and Quidnet area do show salt water intrusion. Others that are dug deeper do not. Even if pond was kept closed when water table is low you will have intrusion in these wells. The well on Mr. Norcrosses property was dug at 100 feet and there was no sign of salt water. - The Doane family of Cape Cod Mosquito Control was consulted by the Pond Committee. - Mrs. Norcross and Mr. Holdgate both feel that the ponds will never be fresh water as the water comes over the barrier beach in storms. Mrs. Norcross submitted pictures of Sesachacha Pond opening taken eleven years ago. - John Roe - The water is getting fresher. If the pond were left alone the dune would build up and less salt water will wash over. - Mr. Oliver asked if the selectmen shouldn't have an Order of Conditions on record incase an emergency occurs and the ponds need to be closed for salt water intrusion. - The commission reminded Mr. Oliver that this Notice of Intent was only for opening. In the case of an emergency the commission and the Board of Selectmen would act together to resolve the problem. tfj.,....~ .. ~t-llTUC1r;~ ~~~.~\ ..~~\tlli t::'- - iUl. .\;;:~~:'.i ..\~-~ ::;;>.: I....~ ~~.. ~~==-- i'" ;: C'..... ~..,.:::>--.........'O~~ ,,~<> -9'P..........., \). ~ -''''-.' ORA1... ....'ti -............ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 September 19, 1985 page 2 _ Mr. McGregor recommended closing the hearing. (1) Mosquito control is not in the application for a reason for this project. (2) there is no information on how the fisheries will be managed and how and when the pond will be lowered. (3) there is no information submitted addressing the issues of the Nantucket Local By-Law. (4) there is no engineering detail on the ground water protection issue. - Mr. Oliver would like to keepl the hearings open to allow them to gather the required information and to ask Mr. Asherman to come before the commission. - Visco brought up the authority of the Town of Nantucket over the Ponds. - P. Waine moved to continue Sesachacha, Miacomet and Hummock Pond as there was no further information to be given. So voted. 2. Long Pond Realty Trust - SE48-321, 323-330 - Suzanne Howard was present as the agent for the applicant and submitted a new composite plan of all lots in the proposed project. - The initial project was nine building lots with 28 bedrooms. The new proposal is for seven building lots with 21 bedrooms. There are two conservation lots which will have wells on them. These lots will have conservation restrictions. - All work is being done in the buffer Zone, 100 feet from the edge of the wetland. - Bob Ingram from BSC engineering was also present as a consultant. The wells being down gradient of the septic systems was a concearn of the commission. This has been addressed and changed. The wells have been moved up gradient onto the conservation lots. Considering the entire area, have used five miligrams per liter of expected ground water concentrations using a loading rate of five pounds of nitrogen per person, per year. Believe that there will be no significent effect on the wetlands. The plumes would be dispersed by the distances between the trenches and the wetlands. There is no ground water breakout. Water would flow beneath the pond and not at the surface. - Howard has requested that the hearing be reopened under the local By- Law and readvertised. - John Roe reviewed his submitted letter. The position of the wells is what is significant. He advises that the commission ask for where the ground water contours are and analysis of the plume. They have now clustered the septic systems. (1) what is going to be the metric ~~'t:~~)~ ft. \Y \ c' \~i ~X!,,- :. = '. /I . ~ !.,.".~ \;~_.. - -. /..'" ;: r....... ~..,.:::>-- - .' '0 ;: .. ^ .... .... ... .... 106.. V-9'P ........., \). ~ """"," ORA1... ...... -......."... Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 September 19, 1985 page 3 i ~, concentration of the plume when it meets the pond. (2) very small ground water radients, if you are loading one area you create a mounding effect, it becomes crucial where the ground water is flowing. (3) Could have a situation where significent nutrients and viruses are at the surface. There is a 1.35 fluctuation in ground water level. Plans for septic systems are right at their limits, the fluctuation could have a crucial impact on this project because everything is so tightly at the limits. When you start changing and mounding systems you are talking of possible relocations. The application does not address the local by-laws issue of scenic view. There is a park on the Pond. A landscape architect could tell you what would be significent. Roe would like to have Mr. John Seeveys report transfered to these new files. - Howard would also like the Seevey report in these new files. She also submitted a proposed restriction for the two lots. - Arnold would like to have a geohydrologic study done of the area. - Dunn would like a study of the tidal fluctuations and their effect. - Leske - h~at happens in the concentrated plumes? These are not being spread throughout the whole area. The concentrations are going directly into the wetland or where? - Howard says Title V requirements are met. _ Dunn - Motts study concluded that 100 ft. setback for sandy soil is the minimum for bacteria and viruses to travel. Ludlam recommends a 200 ft setback and on the Vineyard they have adopted a 300 ft. setback to open water. Isn't further back better? - Ingram - The wetland line was done very conservatively, there is actually several 100 feet to open water. Roe - To do the plume analysis you will need wells dug to give the ground water elevations, so that you have where the plume is going. Visco - Is there a eutrophication problem in the pond now? Roe - In the southerly part there is evidence. The increase in bird population and the concentration of septic systems are both contributing to this problem. Concentrations of nitrates at the edge of the pond if they are highly elevated will have a significent eutrophicat"'fotfeffect. -Ingram - We meet drinking water standards. Less than half tlc nitrates standards. We are using calculations to the edge of the wetland and not to open water. Town of Nantucket Conservahon Commission Town and County Building Nantucket, Massachusetts 02554 September 19, 1985 page 4 Leske - moved to continue the hearing. So voted. 3. Lars O. Soderberg - SE48-320. The commission received a file number from DEQE. Waine moved to close the hearing. So voted. 4. Dexter D. Coffin - SE48-331. This is a small addition constructed on a barrier beach. DEQE recommends that the addition be done on pilings as the deck is. Shugrue as the agent would like a solid foundation as the rest of the house is. P. Waine moved to close the hearing. So voted. 5. Emory and Ellen Freeman - SE48-322. The field inspection team opinion is that no impact will be made. Waine moved to close the hearing. So voted. B. Regular Meeting 1. The minutes of September 5, 1985 were postponed until September 29 to allow the commissioners to review them. 2. Orders of Conditions a. Clark Cove - SE48-316, Squam Pond SE48-314, and Reed Pond SE48-315 L. Leske moved to deny the three projects as the application does not give enough information to support the openings of these ponds. So voted. D. Visco opposed. b. Woodbury Realty Trust - SE48-312. Suzanne Howard would like to have the hearing re-opened under the Nantucket Local By-Law and readvertised. The commission would then have 21 days to issue Orders of Conditions under both the Wetland Protection Act and the Nantucket By-Laws. The hearing will be opened October 3, 1985 c. Lars O. Soderberg - SE48-320. The commission voted to issue a standard Order of Conditions with a no coastal reventment clause. So voted. L. Leske abstained from voting. t:f~t-:,.u~~ i'c:Jt.~~ f \"'b '\ ~c 'U1a .... . ; . '-\~' I' . .,.,. -1~! ~" .... - .,...,~ ~-.. - /..'" .. -r....... ~ .' '0 ;: ,.' ... ....... ~ ~O-9'P'..'.""o,\). ~ ORA1'" ....'ti ........,... Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 September 19, 1985 page 5 d. Dexter D. Coffin - SE48-331. The commission voted to issue a standard Order of Conditions. e. Dr. Linden H. White - SE48-319. Was postponed until September 26,85 f. Emory and Ellen Freeman - SE48-322. Was postponed until Sept. 26, 85 g. Jeffrey Cohen - SE48-240. The commission signed new Orders of Conditions. P. Waine opposed. 3. Requests for Determination a. All requests were postponed until September 26, 1985 4. Certificates of Compliance a. All requests for Certificates were postponed until September 26, 1985. 5. Correspondence a. Indian Summer Sport - Mr. Emory's letter to the commission was read. Emory would like to leave his structure on the beach for the winter. The commission scheduled a field inspection for Monday September 23,85 b. McGregor - The chairman read a letter from McGregor regarding Richard Kotalacs property on Miacomet Pond. McGregor would like to have the hearing re-opened under the Nantucket By-Law. Town Council advises that the commission not open the hearings. P. Waine moved to deliberate on this matter. D. Visco abstained. So voted. c. McGregor - submitted a letter and maps regarding the development of Miacomet Park. The lots are grandfathered for new zoning requirements. He feels that people will be fighting to get septic systems and wells in first so that they will meet Title V. d. Marion Morton - SE48-281. Mike Bachman was present as the agent for Town of Nantucket Conservahon Commission Town and County Building Nantucket, Massachusetts 02554 September 19, 1985 page 6 for the applicant. Legal access to property is on the North side. The Orders of Conditions gave access on the south side. A field inspection was scheduled for Monday, September 23, 1985 The meeting was adjourned at 11:15 p.m.