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HomeMy WebLinkAbout1983-05-19 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Agenda May 19, 1983 A. Public Hearings 1. Town of Nantucket - Notice of Intent (Sesachacha Pond) 2. Town of Nantucket - Notice of Intent (Miacomet Pond) 3. Ms. Nancy Claflin - Notice of Intent (Washington Street) z B. Regular Meeting 1. Minutes of the meeting of April 21 and May 5, 1983 2. Audience to press and public 3. Field Inspection Reports a. Gregory Schipa - Request for Determination b. Robert Francis - Request for Determination 4. Correspondence a. Mr. Glowacki - Grove Lane b. DEQE - Field Inspections of May 20th 5. Budget Review 6. Bills Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 May 19, 1983 The regular meeting of the Nantucket Conservation Commission was called to order at 9:20 PM by Chairman C. Borchert. Members present were: P. Bennett, C. Borchert, G. Burchell, B. Richmond, C. Pearl, A. Silva and P. Waine. Members absent: none. 1. lUnutes of the meetings of April 21 and May 5. 1983. A motion was made and seconded to accept the minutes as typed. There was no opposition. 2. Mr. Robert Francis - Request to Determine Applicability. The field inspection report for the site was read by Chairman Borchert. B. Richmond moved to issue a negative Determination. C. Pearl seconded the motion. There was no opposition. 3. Mr. Gregory Schipa - Request for Determination. The field inspection report for the site was read by Vice-Chairman P. Bennett. The Commission voted to issue a Determination of negative on the site at the next meeting. There was no opposition. 4. Mr. Sanford Gallanter - Request for Extension Permit. A motion was made and seconded to issue an Extension Permit for Sanford Gallanter - Notice of Intent SE-148. There was no opposition. 5. Mr. Walter Glowacki - Enforcement Order. P. Waine moved to have the Commission sign the Enforcement Order for Mr. Glowacki for property located on Madaket Road with the amendment that the clause" The property owner, his agents, permittees, and al] others shall immediately cease and desist from further activity affecting the wetland portion of this property" not be checked. The motion was seconded by A. Silva. There was no opposition. 6. ~nty Commissioners - Sconset BluffJ. A letter from the County Commissioners regardin~ the removal of the steps at the Bluff was read by the Chairman. The Commission voted to forward a letter to the Commissioners that, in its opinion, the removal of the steps would be more detrimental than allowing the steps to remain. There was no opposition. 7. Cliff Road propertv - Possible Wetlands Violation. Commissioner C. Pearl reported a complaint he had received concerning' a possible wetlands violation on Cliff Road. The Commission viewed photographs of the site and voted _ that the problem of water run-off from the sjte should be referred to Town Counsel for the purpose of legal advice on which Town body, if any, was responsible for supervising this problem There was no opposition. 8. DEQE - Field Inspections of May 20th. The Chairman read two letters from DEQE informing the Commission of two field inspections to be held on May 20th. It was voted to place the letters on file. There was no opposition. page 2 9. Mr. Robert Kalde Chairman Borchert addressed the Commission regard~ng t e appointment of Mr. Kaldenbach as advisor to the Commission. The Commission voted to appoint Mr. Kaldenbach as advisor to the Commission. There was no opposition. 10. Bills. A motion was made and seconded to pay the following bills: a bill of $24.16 from New England Telephone, a bill of $288.00 from the Inquirer and Mirror for advertising, a bill of$6.67 from Newton's for office supplies, a bill of $86.31 from Cape Office Products for office supplies, a bill of $6.00 to MACC for a seminar fee. There was no opposition. 11. ~ulling Mill Conservation Area Vote. Chairman C. Borchert stated since a full all members were present, the vote to purchase the Fulling Mill Conservation Area property which had been taken in Executive Sees ion some time ago should be retaken in open meeting. The vote was: P. Bennett, G. Burchell, B. Richmond and C. Pearl in favor. Opposed were: A. Silva and P. Waine. The motion to purchase the property was carried 4-2. There being no further discussion, the meeting was adjourned at 10:41 PM. &t~~~j;:"fY~() Benjamin S. Richmond Secretary Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Public Hearing for Ms. Nancy Claflin Notice of Intent Date: May 19, 1983 Members present: P. Bennett', C. Borchert, G. Burchell, C. Pearl, B. Richmond, A. Silva, P. Waine Members absent: None Called to order: 7:31 PM The public hearing was called to order by Chairman Borchert. Mr. Prentice Claflin was present as agent for the owner. Mr. Claflin explained the owner wished to construct a house near the ocean at Washington Street. The Commission voted to schedule a field inspection of the site and requested that the actual house site be staked out. The hearing was closed at 7:37 PM. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Public H~aring for Town of Nantucket Notice of Intent Date: May 19, 1983 Members present: P. Bennett, C. Borchert, G. Burchell, B. Pearl, B. Richmond, A A. Silva, P. Waine Members absent: None Called to order: 7:38 PM The public hearing was called to order by Chairman C. Borchert. Kevin Dale Esquire was present as representative for the owner. Chairman Borchert read the purpose. of the project which was to open, Sesachacha Pond in order to lower the water level of the pond. The Chairman read a letter from Mr. Jeffrey Benoit of Coastal Zone Management concerning the project in which Mr. Benoit stated he thought the opening of the pond by : breaching a barrier beach was against the Wetlands Regulations. A letter from Mr Ken Kelley, Town Biologist in which Mr. Kelley stated he thought the opening of the pond would be beneficial to the shellfish in the pond was read by the ehatrman. Mr. Dale addressed the Commission stating that at the Annual Town Meeting held in April, the voters passed an Article to open the pond and that the wishes of the voters should be implemented. Mr. Dale stated the Board of Selectmen wanted to comply with all the revelant regulations and obtain the necessary permits for the work. Commissioner B. Richmond stated the Commission could not take any action on the applicatiDn at a public hearing and the Commission also could not approve the application until the Department of Environmental Quality Engineering had issued a file number for the application. Commissioner G. Burchell questioned the legality of the Town crossing private property to open the pond. Gregor Mc Gregor Esquire, attorney for Mrs. Evans whose property needed to be crossed, addressed the Commission concerning the opening. Mr. McGregor introduced Mr. Mulica of IEP Corporation to the Commission, stating Mr. Mulica was a hydrologist who had worked with cOJ;"poJ;"a,t;i;ons', towns, cities, citizens groups and the state in environmental studies and effects. Attorney McGregor stated Mr. Mulica had been hired by Mrs. Evans to preJ:'are..an environmental study of the effects of opening Sesachacha Pond. Copies of Mr. Mulica's study were distributed to the Commissioners . page 2 Mr. Mulica addressed the Commission concerning the reasons for opening the pond and stated his study showed no beneficial effects on mosquito control, shell fisheries or on the surrounding area. Mr. Mulica also stated the lowering of the pond on an annual basis could lead to a problem of salt water intrusion on the ground water and could constitute a serious problem in the future, A. Silva questioned as to how long the study had been conducted. Mr. Mulica stated his staff members had been at the pond for one day. Mr. Kelley questioned as to how the figures on the fish in the pond had been arrived at. Mr. Mulica stated his staff emmbers had collected the information from various individuals. Mr. Kelley stated that no Town Departments had been contacted in regards to this information. Mr. Mulica stated he would have to discuss the matter with the staff members in order to deduce why no Town Departments had been contacted. Chairman Borchert questioned as to whether Mr. Mulica could give an estimate on how much fresh water would go overboard if the pond was lowered three feet. Mr. Mulica responded that no such information was available at this time but he would forward such an estmiate to the Commission in the near future. Commissioner Richmond stated Barnstable County had found using a product titled BT-l was an effective means uf mosquito control. Mr. Alan Holdgate addressed the Commission, stating he remembered years ago the pond was opened twice a year with no damage being done to the dunes, barrier beach or fresh water supply. Mr. Edward Metcalf questioned Mr. Mulica as to whether he was associated with a study done on West Tisbury. Mr. Mulica responded he has not been involved with that study. Attorney McGregor stated that further information, needed to be provided to the Commission in order to enable the Commission to make a decision regarding the opening of the pond. Mr. McGregor stated that Mrs. Evans stood not only on the law but the merits of not opening the pond. Mr. McGregor enumerated the merits as such: 1. The lack of information concerning the reasons for opening the ponds. 2. The failure of the Town to obtain the permission .of the owner of the property they needed to cross in opening the pond. 3. The failure of the Town to comply with the various state agencies in opening the pond. Mr. McGregor also stated in order to open the pond the Town needed to obtain the following permits or permisssions: 1. Permission under the Wetlands Protection Act which states no work can be undertaken without the permission of the owner whose land would be effected. 2. Wetlands Restriction Order promulgated under Chapter 131, Section 105 which prohibits work in an area like Sesachacha Pond would need to be reviewed 3. Chapter 91 Permit would need to be obtained from the U.S. Army Corps of Engineer1 4. A Division of Waterways permit would need to be obtained. Mr. McGregor added that the necessary permits could not be issued when it appeared that this type of work was prohibited under the Wetlands Regulations. page 3 Mrs. Norcross addressed the Commission stating that the two cottages, in front : of the pond were flooded and that the septic systems for the cottages were practically non-functioning' due to the high level of the pond. She also questioned whether the study done by IEP had revealed that Mrs. Evans' well was filled with salt water. Mr. Mulica replied that tests were still underway to determine the source of the salt water intrusion into the well. Mr. John stackpole questioned to the Commission as to what its decision would be. Chairman Borchert explained that the Commission could not approve or disapprove any project until DEQE had issued a file number for the proposed project. Commissioner A. Silva moved to continue the hearing until a file number was received from DEQE. The motion was seconded. There was no opposition. The hearing was closed at 9:12 PM. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Public Hearing for Town of Nantucket Notice of Intent Date: May 19, 1983 Members present: P. Bennett, C. Borchert, G. Burchell, C. Pearl, B. Richmond, A. Silva, P. Waine Members absent: None Called to order: 9:16 PM The public hearing for Miacomet Pond was called to order by Chairman Borchert. Mr. Kevin Dale was present as agent for the Town. Mr.. Dale explained the proposed project was to open up Miacomet Pond for the purpose of lowering the existing water level and that the Town would forward appropriate engineering plans once they were complete to the Commission and DEQE. Mr. John Roe addressed the Commission stating he believed further information shoudl be provided to the Commission before approval was given to open the pond. Mr. Roe stated an Order of Conditions was valid for three years rather than one and maybe the Commission shoudl impose a condition requiring annual approval of the opening of the pond. Mr. Ro( also added Maicomet Pond was shallower; and smaller than Sesachacha Pond and this factor should be taken into consideratio~. In regards to the mosquito control and the pond, Mr. Roe spoke on the life of the mosquito and how he believed lowering the pond did not improve the mosquito problem at Miacomet. Mr. Roe stated the plans should reflect the actual amount of feet the pond is lowered. Commissioner C. Pearl moved to continue the hearing until a file number was received from DEQE.. The motion was seconded by A. Silva. There was no opposition. The hearing was closed at 9:20 PM.