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HomeMy WebLinkAbout1983-05-05 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Agenda A. Regular J.1eeting 1. l<1inutes of the meeting of April 24, 1983 2. Board of Selectmen - E:nergency Request 3. Audience to press and public 4. Field Inspection Reports a. Richard Gamble - Notice of Intent b. Request from Mr.. Ray c. Robert Francis - Request to Determine Applicability d. Hr. HcAuley - Request to Determine Applicability 5. Requests to Determine Applicability 6. Correspondence a. Mr. Epple - Appeal of Determination b. North Beach Property 7. Bills Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 May 5, 1983 The regular meeting of the Nantucket Conservation Commission was to order at 7:30 PM by Chairman Carl Borchert. Members present were: Bennett, C. Borchert, B. Richmond, G. Burchell and P. Waine. Members were: C. Pearl and A. Silva. called P. absen t 1. Minutes of the meeting of April 21, 1983. was postponed until next meeting. The approval of the minutes 2. \ Board of Selectmen - Emergency Reques~. Chairmart C. Borchert read a letter from the Board concerning the opening of Miacomet Pond and Sesachacha Pond. Executive Secretary Keith Bergman"' stated the Selectmen wished to address the issue of opening Miacomet Pond first. The Chairman read the field inspection report on the unauthorized opening of Miacomet Pond by a private individual. Mr. Bergman stated the Selectmen wished to emphasize that the opening had been done by a private unauthorized individual. Board of Selectmen Chairman Kenneth Holdgate, Jr. addressed the Commission asking if the Commission had any objections toward opening }1iacomet Pond. Chairman Borchert stated Commissioner G. Burchell wa s better qualified to answer the question than him~lf. Commissioner Burchell stated fie fiad lived at the head of Miacomet Pond for twenty years and that in pravious years when the pond was opened, it emptied out and then refilled within a week. He also stated there had not been a problem with salt water intrusion into the pond. G. Burchell added the roads in the area were flooded creating a problem with property owners having-access to their dwellings. There followed discussion between Chairman Borchert and G. Burchell on the damage to the roads. G. Burchell stated the road to the east side of the pond was underwater. Selectmen Jack Gardner stated the situation was forcing property owners to drive on private property to gain access to their dwellings. Chairman Kenneth Holdgate stated the Town was forcing people to trepass. Selectmen Bud Klute stated he had opened the pond for eighteen years. Selectmen Bernard Grossman questioned the Commsssion as to if the pond could be opened on an annual basis without necessitating the filing of a Notice of Intent each year. Chairman Borchert stated this could be done. Commissioner Richmond stated the Order of Conditions needed to be recorded on the deed of the owner of the property and that the Army Corps of Engineers has jurisdiction over the ponds. Chairman Borchert questioned whether it was possible to use the drainage pipe for the pond to lower the water level. He was informed by G. Burchell that the -pipe was clogged. May 5, 1983 page 2 John Roe questioned as to whether the road could be elevated rather than opening the pond. Chairman Kenneth Holdgate questioned the Commission as to if a Notice of Intent would be required to fill the road. Commissioner Richmond stated it would be necessary. Commissioner Burchell moved to issue emergency certification to open the pond. No vote was taken at this time. Bruce Poor addressed the Commission concerning opening Sesachacha Pond. He stated the septic systems of h')uses in the area were currently underwater. Marine Biologist Ken Kelley spoke on the advantages to the shellfish when the pond was opened. Mr. Elver son addressed the Commis sion concerning the damage done to the barrier beach when the pond was opened. John Roe spoke on the sewage leaking into the pond stating it was not polluting the pond. G. Burchell moved again to write a letter granting emergency certification to open Miacomet Pond with the stipulation that the owner of any property involved in the opening be obtained prior to any opening. The motion was seconded by Commissioner Waine. Members for the motion were G. Burchell, P. Waine,and C. Borchert. P. Bennett ~as opposed. Commissioner Richmond abstained. The motion was carried. Chairman Borchert addressed the Board of Selectmen concerning the proposed sewer bed project. Executive Secretary Bergman stated no work would be undertaken until the necessary permits were obtained. Chairman Borchert stated the Commission had two Notices of Intent filed but no copias had been ;forwarded to DEQE so no Order of Conditions could be issued. Mr . Bargman stated this would be taken care of. Mr. Harold Taylor asked the Commission if the recently tested. Chairman Borchert stated it Mr. Elverson stated the smell in the pond was in their breeding when the pond was lowered. was possible to install a pipe in the pond. possible. pond (Sesachacha) had been had not been tested recently, bad and the mosquitoes iucraaaed _ C~ .Borchert asked whether it He was informed this was not There being no further discussion, the Commission moved to further business. 3. Mr. Francis _~Request for Determination. The field inspection report for Mr. Francis, property located on Dukes Road was read. The Commission voted to schedule a second inspection. There was no opposition. 4. Ri~hard Gamble - Notice of Intent SE48-232. The field inspection report for the proposed construction of 2 stairways at Pocomo was read. The Commission voted to issue a standard Order with the mandatory coastal bank statement, There was no opposition. 5. Request from Mr. Ray - North Beach property. The Commission read the field inspection. report. It was voted to wait and see if the unplugging of the storm drain in the area would alleviate the problem of flooding from the property. 6. Mr. McAuley - Request for Determination. The Commission read the field May 5, 1983 page 3 inspection report. It was voted to issue a negative Determination on the property located on Hulbert Avenue. There was no opposition. 7. Request for Determination.- The Commission received one request for Determination. A field inspection was scheduled. 8. Mr. Robert Epple - Appeal of Determination. The Commission read the letter requesting an appeal"" to DEQE for the Determination issued for Mr. Walter Glowacki on Madaket Road. It was voted to place the letter on file. 9. North Beach Propert~. A letter concerning three dwellings being constructed was read. It was voted to place the letter on file. 10. Bills. A motion was made and seconded to pay a bill of $288.00 from the Inquirer and Mirror for advertising. There was no opposition. 11. Cambridge Street, Madaket - Landing Site. G. Burchell stated to the Commission he had reviewed a potenfial-randing site at Cambridge Street for the Jet Gas boat and it had seemed a feasible site. He stated he would discuss the matter with the captain of the boat. 12. State Entomoligist - Sesachacha Pond. A motion was made and seconded to contact the State Entomoligist regarding }Ilosqui.to control at Sesachacha ?ond. There was no opposition. 13. JaiL Benoit - Sesachacha Pond. A motion was made and seconded to con tact Jeff Benoit from Coastal Zone Management requesting an opinion on the benefits of opening Sesachacha Pond. There was no opposition. There being no further business, the meeting was adjourned at 9:02 PM. ~~nf'~~ ~etary