Loading...
HomeMy WebLinkAbout1989-12-14 - ~ . , .....-U'..U""11 ;F'r' ..lITUC'- "~ !t'~'" ...~e-).~ i' 0" "","~' .\".(0 ..-s.\ :0:11 \ ~ ': iOt _~lJIt !; l- to ~:~!i 1. ; I..~, -_;~~ 11.;... :;. - :A"";: \1-c:... ~ -.....~..i .. 0'" ." ,,~'" "" /?1'I.........c \). ~ :l1o:rORAl ~ ....... ........IIU""~ Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 MEETING MINUTES FOR DECEMBER 14. 1989 The meeting was called to order at 7:03 PM in the Large Group Instruction Room at the Nantucket High School. Present were Commissioners William Willet, Granville Cranston, Carl Borchert, Henry Wasierski, Donald Visco. Also present were Ben McKelway, Administrator and Bruce Perry, Secretary. ~ COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC Mr. steve Bender was present with some comments. He told the Commission that he wanted to give an update concerning the continued pollution of Nantucket Harbor. In 1988, thousands of gallons of sewage was pumped into Nantucket Harbor. After that summer the Board of Health passed a regulation that prohibited the pumping of "grey water, treated and untreated sewage" into the harbor. In the winter of 1989 First Winthrop, operator of the Nantucket Boat Basin among other operations, constructed a new pump out facility to handle the cruise ships that come to the island. The Board of Health allowed this expansion of their existing sewer permit by requiring them to pump out after midnight when the load was the lowest. It was discovered during the winter that the cruise ship Nantucket Clipper did not have enough holding capacity for even one meal. They were observed numerous times and by various people pumping out into the harbor. In addition to these incidents, there numerous boats that tie up in the boat basin that do not have any holding tanks. The position of the Board of Health is that it is within the spirit of the law if the people living on boats have access to the shore facilities, i.e. have keys to the bathrooms and showers. This seems to'me to be a little absurd. I have also asked the Health Officer why he does not take any water tests from the Boat Basin during the summer. He has responded tome that he knows that it would show up polluted. H~ blames the pollution on the presence of both birds and human contamination. I suggested some simple testing to be done in the area but he has been resistant to it. What this issue needs is an agency like the Commission to get interested in the issue and put some pressure on the Health Department to enforce its regulations. ( Mr. Wasierski asks if he is aware of the use of metal plates to shield the discharge holes from public view. ., · ~""""'t '~~!l-TU el(f!"'~ ~~ ..~-...,,>- #, (,/ ". -s. 'So ~ .:e.. ... ... .. ! :t:!1\'UI ~ to;, _jlJli t-.:.. -,~:. :: .\., ~;:. ~".. ... -l^-~I ,...."'... ~- ..'~ ~ "' .'0.... ..... "'!fI." '~ 19 1":.......... \). ,,'fii '<It;rORAit ....",. ...,....1111'.\ Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes December 14, 1989 Page 2 Mr. Bender responds he is unaware of any such plates and comments that the dumping was very blatant. Mr. Visco asks if he has copies of the correspondence with the Health Department? Mr. Bender responds affirmatively and states that he will make the copies available to the Commission. ~ PUBLIC HEARINGS 1. Old North Wharf - SE48-549 (42.3.1-29,30,32,33,34,225> Present were Edward and Alfred Sanford, applicants, and Melissa Philbrick of Vaughan, Dale ~ Philbrick, counsel. Mr. McKelway comments that there have been two additional letters received by the Commission since the last public hearing. Mr. Willet reads one letter from Olive Butman opposing the project. Mr. Borchert reads one letter from Cybil Goldsmith in favor of the project. Mr. A. Sanford submits the alternatives that they are reviewing as a result of the feedback from the State and local agencies with the following discussion: 1. Version 1 (Vi): the original submission. 2. Version 2 (V2): Modification that has been submitted to the HDC. This plan has eliminated the use of the solid fill pier and replaced it with timber supported pier. Some of the larger buildings have been removed and some others have been reduced in scale. The entire project has been moved behind the line from the last dolphin to the buoy. Some members of the HDC felt that the plan changes resulted in the lack in authenticity without the solid fill. If" . ",,"'U'='I, +'~~~!.~t~~ I:;r'l. ..(. ~" .. ..oS- ~ :of 'y'$ iOi' \~i ,....:'":~i. ; ...\..?.-.= "1:.;-" ,.....\ ~ - ..".....1 ,,~\ - - ~".,: .. ('..... _.,;,:,. .........'0 ~ ';,...o.l? ;,-........;; ~. ,,4' "'",",',rORAl w ....." ......,....."... Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes December 14, 1989 Page 3 3. Version 3 (V3): Is a combination of solid pile-supported pier using much the same footprint original filing (the solid fill portion was shown pink) . fill and as the in 4. Version 4 (V4): Is an abandonment of the historic reconstruction project. It entails a pier with all water dependent uses. Mr. Visco comments that this is the first time the Commission has had the opportunity to these plan changes. I think that it would be inappropriate for the Commission to comment on the plans until there has been more time to review them. Mr. A. Sanford agrees with Mr. Visco and adds that the intent is to explain the plans and then allow the Commission more time for review. Mr. Sanford further explains that some of the HDC members felt that the combination of pile and solid fill in V3 might be possible. Some were upset with the loss of the historic buildings and solid fill in V2. They commented that the reconstruction would be fake if it varied .too far from the original wharf. Obviously, the concerns of the Conservation and the Historic Districts commission are at odds over the type of pier construction that will make each of them happy. Mr. Visco responds that the HDC is under different laws. This Commission does not predicate its decision based on what some other Commission will allow. We need to concentrate on the positive aspects of this project and its effect on the Easy Street Basin. Push the aesthetics aside from our considerations. Mr. A. Sanford adds that these are the alternatives that MEPA had requested us to investigate. Mr. William Straus of Straus, Lang, etc., counsel representing an group of abutters, comments that it was his understanding that the hearing had been continued to allow the applicants to do some studies. These studies are not done . . ""....~4 .JIll' ..~TUC...I.~ h~,.;,:~/*-...::. e-)- ,~ 0/ '"'"1-'5. ~fi \"p ~ 0:1 ~U\l :. :IJI. l- i"'''' . -J' . . \~ ~ ~f -:::.\ "-. -. -;" I \;y", ~ . ..' '0 ;: .. 0'" ." "'~" if.,., ~';'''''''';, \l' "," .,....',,-ORA1'" ........ ....,.,....n"'.. Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes December 14, 1989 Page 4 today. I would like to reiterate our worries at the loss of public review. The Commission is losing its control of its review aspects. It should be concerned with the environment, not aesthetics. The Commission has the authority under CMR 10.55 to set a hearing date and allow 21 days for public notice. This would allow the applicants enough time, once a date can be agreed upon, to prepare all of its information and present it a specific hearing. This method would allow for the public to receive the needed information all at once instead long process that exists now. Mr. Willet responds that the Commission was aware from the beginning that the process would be a long one and that the Commission is aware of its responsibilities to the environment. Mrs. Philbrick adds that the notice of this meeting was published in the Inquirer and Mirror's "Development Watch" section and there was an article in both papers last week about the project. It was my hope for this meeting to show the Commission the direction that the DEIR is going to take. It was never our intention to have the DEIR completed at this time. Mr. Scot Lang asks what the procedure will be from this point. Has V4 been submitted as the project replacing the project in the Notice of Intent or is it just a proposal? Mrs. Philbrick comments that the DEIR will consider all the alternative submitted tonight. This has been requested at the State level as a requirement of the study. In addition, I have the latest list of information that Ben made up for this meeting. It is similar to the list that we have made ourselves to study. I would like to suggest that the Commission study the various plans and respond at the next meeting on December 28. Mr. John Moore, an abutter to the project, comments that date would be very difficult for a number of people to attend. He suggests that the meeting after would be better. ~'tc'~l 'r~"''''~14TUCJrt'''& it>'" ~A' l~ \7'" ~ , \~~ t"O!. ilJll t:l"',- -'-. , \ ........" I..:;: ~~.. ........::- /" ;: ('.....~ -..........'O~ w..,OJj>:;-...........<;l. ~.. ..,,.~ORA1~ .,,~" ............,"'. Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes December 14, 1989 Page 5 MOTION: To continue the hearing until the regularly scheduled meeting on January 11, 1990 for more information at the applicant's request was made and seconded. UNANIMOUS Mrs. Marie Schnetzler is recognized in the audience and comments that there seems to be some conflict between the Commission and the HDC concerning the pier's construction. There needs to be some resolution of this conflict. Who has more authority and could supercede the other? In my opinion the Conservation Commission should have more authority because they are protecting the environment. Mrs. Philbrick states that she wants to clarify that the HDC has not stated a consensus on the solid versus piles issue. It was stated by some members that they felt that solid fill pier was more historic than the pile-supported pier. But that is not an official opinion of the entire Historic District Commission. 2. Nancy Claflin 35 Wauwinet Road - (20-34) MOTION: To continue the hearing at the applicant's request was made and seconded. UNANIMOUS 3. Francis - 41 Dukes Road - NAN89-003 (56-327) MOTION: To continue the hearing at the applicant's request was made and seconded. UNANIMOUS Reopen Cabral - 10 Pond Street - SE48-555 (56-294) Present was applicant Herb Cabral, Jr. and John Shugrue, agent. Mr. Shugrue submits a new plan. He explains that the plan shows the house has been rotated slightly and the leach pits 'lli,......"'1J ~ "ltTUCt...~'+.. "", <.'7-~~' '" ()/ "'1- \ It I \"P'! #0:' _:~i {I-:"_ ~i' : . \ ~~1 : I ~\ "- .-- ~",,"'i ".y........ ~..:;:!:o-- -..,'0 :' ~ ""0". ." "'..'Ii '.... '9".........:,,~. ~ .'.......-ORA1.. ~~..... ..............,,,.. Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes'December 14, 1989 Page 6 have been mov~d so th~t th.y are 50 feet away from the wetlands. In addition, I have talked with Richard Ray and he has stated that he would allow leach pits instead of trenches in this case but would limit the size of the house to three bedrooms. Mr. Bob Lang, abutter to the property, comments that the local regulations require that there be a 200-foot separation between septic systems on lots that abut inland ponds. The system will be approximately 20 feet from my system. After periods of rain there is standing water in that area. Mr. Shugrue responds that below the clay layer there is an area of clean sand. The Commission needs to decide whether the pond is significant. The pond is manmade and we will not ask for a waiver from the regulation until the Commission decide on its significance. The pond is approximately one acre total. Mr. Borchert asks if it drys up in the summer. Mr. Cabral responds that it does not dry up. Mr. Visco states that he is familiar with the hydrology of the area. The water is perched above a layer of clay. Underneath there is medium to course sand to allow adequate drainage of the effluent. Mr. Borchert responds that whether or not it is perched is not significant. The area must be treated as a wetland. In dry periods the water that is perched slowly trickles down into the ground water. So any pollution is not isolated from the ground water. I want to find this pond a significant wetland. Mr. Visco adds that the pond is manmade to allow drainage for the road. Mr. Borchert states that it does not matter that it is man made or not. The leach pit is located 100 feet from the pond water; 80 feet from the wetland boundary;, and 50 feet from the winterberry bushes as measured on the plan. The plan does not meet the lOO-foot separation rule and will need a waiver. . .....',,,"""", !?:i~l\TUC ~ ~ ~ ~--!!.r~ I. C)/ ~.;\ It I '"P" .0.1 \U\";, \...i~~ :~! .' , . . \~_ _ ~- I::' ~'A'" ~~- _ - i" 1 ~"'"...~. ..' ~ ~ " 0....... '" '!te'fi "4 I9p.........C \). '!t,."" "IiL" ORAl.. .......... .......,....... Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes December 14, 1989 Page 7 Mr. Lang adds that the proposed system is also far less than 200 feet from mine and the septic systems of at least two other neighbors, the regulations require 200 feet. Mr.'Borchert asks the elevation of the groundwater. It does not show on the plans. Mr. Shugrue responds that the bottom of the leach pit is in excess of six feet above the ground water. Mr. Walter Wasnick, an abutter from 12 Pond Street, comments that presently the lot is 75 percent iced over. Does the applicant propose to raise the elevation of the lot? Mr. Willet responds that there is no proposal to fill the 10 t . Mr. Lang questions whether the proposed septic system will affect his expansion area when the present system fails, with the less than 200 foot separation. Mr. Borchert responds that the 200-foot regulation was intended to prevent nitrogen loading from leaching facilities on ponds. The hydrology of this lot will allow the leachate to go underneath the perched pond. Mr. McKelway asks the Commission to clarify that it will allow waiver from the following regulations: 1. Driveway - less than 25 foot undisturbed buffer. 2. House - less than 50 feet from the wetland. 3. Grading to the pond - no 25-foot undisturbed buffer with the wetland (pond). 4. Septic system - less than the 200-foot separation regulation on lots fronting on ponds. 5. Septic system - less than the 100-foot separation between the septic leach facility and a vegetated wetland (the bushes near the road. bfi'....- \\ft.NTU e:/!.., , ()r~~~ ~ti '"piS -C" \U\;, t 1 ,_'IJI~ t- .';.'"' ,I' ; .\, ... ~ ~_ t....... ~~.. ~ /.."- i $.<....^... ~ .-"'0:' ~ "0'" - .... '>; ~... ~# ~;:........:,..... ~ ""''','-ORAlv v....,... -"".",..",.-' Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes. December 14, 1989 Page B Ms. Cheryl Creighton of the Nantucket Land Council state that there are many cases in both Superior Court and the State Supreme Court supporting wetland regulations. The inland regulations' goal is to control flood and pollution damage. A property can be subject to reasonable restraints without an unconstitutional taking. The issue of a taking relates to the elimination of all the uses of a property, not just some of the uses or the most financially viable project. To deny this project would not be a total denial for the property, just for this specific use. Mr. Visco states that Mr. Cabral is not going to pollute the wetlands. All the applicant wants is reasonable use of his property. He has already restricted the use by limiting the number of bedrooms. The septic system meets health codes and will not pollute the pond in any way. At this point there was a motion from Mr. Visco to close the hearing. This motion failed. An ensuing motion to leave the hearing open until a later time during this meeting so the applicant could present the Commission with a written request for the required waivers for the project to be approved was made, seconded, and unanimously approved. LA TER. . . . Mr. Shugrue submits a letter requesting the five waivers required for the project. He explains that these waivers will allow the lot to be used as intended. The lot was created in the early 1970's; allow a new septic leach facility to be within 100 feet of a wetland and agree to limit the size to three bedrooms; the wetlands will be protected and the soil conditions are such that due to the perched nature of the wetlands, the septic system will not adversely effect the wetlands. Mr. McKelway comments that in spite of the hydrology of the area, the Commission will be setting a precedent of granting the first waiver from the 100 foot septic rule (for a vacant lot). The By-Law does not speak to the age of the lot. The use of the unconstitutional taking issue is only scare tactics by the applicant. It is not easy or as clear cut as expressed by the applicant to get a Commission's actions to be ;()""U""" ~TUC 'll A ...~-~~ ~. cr ..:' ~1. titl_\~\ ...1, -:IJI. ....'-. - ,. If . :~ ~_"*d.. ~ I. ~ , '~... ~~ ~--~~I '\1-....:... '"'Tt-~-....,o :' ...."'0.... ." ... ~ -....., 11)>" ........:" ~. :Ie" "'4lo.'rORA1~ it..... ..............". Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes December 14, 1989 Page 9 declared a taking. Would the Commission like to request the applicant make the house smaller to eliminate the need for the waiver from the 50-foot regulation? Mr. Cabral responds that his wetland expert, Wes Tiffany, has over fifteen years experience and he does not feel that this is a significant wetland. I do not want to get into an argument with the Commission's wetland expert, but I feel that my expert is right. MOTION: To close the hearing and draft an Order of Conditions was made and seconded. UNANIMOUS 5. David Jay - 17 Quaise Pasture Road - SE48- (26-20.3) Mr. McKelway states that the applicant has requested that the hearing be continued until January 25 meeting. Mr. John Hussey, a resident in the area, comments that he has great concern that the proposed project is too intensive for the area. I am alarmed at the prospect of 30 house that close to Polpis Harbor. His right to develop the property should not override the health of Polpis Harbor. Mr. McKelway adds that the file is not entirely complete and the hearings have been continued since they were opened in July. The Commission needs to keep this in mind in light of the Commission's recent denial of the application from Longview Realty Trust. MOTION: To continue the hearing until the January 25, 1990 meeting at the request of the applicant was made and seconded. UNANIMOUS * 6. H.C.D.,Inc. - 24 Tennessee Ave. - (60.1.2-27) Present for the applicant was Tom King, designer for Milton Rowland Associates. I ",,"t"""I, ~ ...~TUeLo'<<~ iT"'''' _'11:'>- () ~1-'So If \"p~ "0:' ~U\l t.....: :IJI.. '~\":: -,'. I ...,....,_ - I ... ~.... "- - /,..:"'; \'Y^, --T"= ~- - .' '0 ~ it ,"'0". -- .... 1\ ~'ti itf... t '1/"'.......... \). " .."~,,rORA1\ ,.....,. ..........",,,. Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minute~ December 14, 1989 Page 10 Mr. King comments that the proposed project is the same as in the RFD presented last meeting. The applicants want to add a second story to the existing house and expand the front deck along the length of the house without going any closer to the coastal bank. Mr. Willet asks if there will be any change in the septic system; are you using the same footprint as existing; and what is the ridge height? Mr. King responds that there is no planned expansion in the number of bedrooms. The footprint will be the same as existing and that the ridge height will be 21 feet. Mr. Borchert comments that he would like to see an outline of the old versus the new building. We need to clearly see what is old and what is new. We do not need any surprises later in the project. Mr. Visco states that he would like to see the HDC approved plans if they are available. Mr. King responds that the only footprint change i? the removal of the small "wart" in the front that will be replaced with the deck. The roof will be removed and the second story added; the house is not going to be demolished. MOTION: To continue the hearing for additional information and a DEP file number was made and seconded. UNANIMOUS * 7. Sandra Gillies - 145 Wauwinet Road - (11-7) Present for the applicant was Tom King, designer for Milton Rowland Associates. Mr. King requests that the hearing be continued at the applicant's request to allow more time for the applicant to talk with abutters and make some design changes to the project. ".'..a....,ll A~llTUCJr;~ tr",-<l- <) .""~ 1- "J. :!t \"p~ nO: .,~~<e,2 . L-.... . ' : _ *~\.~ ~i"" \ .... ~ ~ - :A"';: ~~...~...-o:>-. ....~..$ \.- .. ....~ ~ o >9 ~"''''''.. '\). ~ I"ORA1~ ....~'Ii .........". Town of Conservation Nantucket Commission (S08) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 .\ Meeting Minutes'December 14, 1989 Page 11 MOTION: To continue the hearing at the request of the applicant was made and seconded. UNANIMOUS ~ REGULAR MEETING 1. REQUEST FOR DETERMINATION a. Ritchie - 29 Baxter Road - (49.2.3 - 9) Present for the applicant was Adrianna Davidson, caretaker for the owner. Mr. McKelway comments that this is an after-the-fact filing. The brush cutting was done in the early fall. Ms. Davidson comments that this work was to remove the blackberry vines that were killing the hedge. Only this year my son gota little overzealous in his trimming. The root system is still there and the plants will be back next spring. Mr. McKelway states that there is some bare earth that could erode down the bank. Ms. Davidson responds that they have been throwing the clippings over the bank for years and have been building up the bank. This should not be a problem. Mr. Willet comments that the Commission could approve the work with the condition that the area be inspected in June 1990. MOTION: To issue a negative determination with the condition that the property be inspected next June to ensure that revegetation has occurred was made and seconded. UNANIMOUS b. Nantucket DPW - Landfill water pipe - (39-14) . ""H"~ ~,;~lJ.E![;'t"" I~ 0/ .....-So"." 1~1 '"piS I~'; 1 \U\\ __ _ : VI _ .... .-.. .0 -,' !l' ~ . \~ ~ I~. 1$.,,\ ... -."A"'~ \A.', "'":::,..._ _ ...".. .Y"", -r--.....=-- .' '0 ;: '" ...'0.... ....... ~ .....' ~h''''''''''~' ii ~""',rORA1" ,....'fi -........,"~ Town of Nantucket Conservation Commission (S08) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes'December 14, 1989 Page 12 Present was Jeff Willet, Superintendent of the Nantucket Department of Public Works. Mr. McKelway comments that this is also an after-the-fact filing. The work consisted of the installation of an underground water pipe across a wetland without notifying the Commission. MOTION: To issue a negative Determination commenting that the work is within an area subject to protection but will not alter the area was made and seconded. UNANIMOUS c. O'Neil and McKearin - North Beach Street - (30-55,56) Present for the applicant was David Moretti of Glidden and Moretti, counsel. Mr. Willet abstains from the discussion and vote. Mr. Wasierski reads the inspection report. Mr. Visco asks if the vegetation meets the 50% rule and about how much standing water could the area hold? Mr. McKelway responds that the vegetation is over 50% wetland plants in some places on the lot, but the size of this isolated wetland is probably not big enough to meet the state levels. Mr. Visco stated that to issue a positive Determination the Commission must conclude that a project at the site "will alter" the wetland, not just that 'it would be "likely to alter," as previously worded in the regulations. We need to be more specific in the Determination. Mr. Moretti states it might be possible to delineate the wetlands along the roads and make a determination on those guidelines. Mr. Wasierski states that he would not want to see the parcel divided into two uS projected by the applicant lots . .4Jl':.,....."'" ~~!'~TUCJr~~, ,# Or~~~~ Ttl '."p~ to: 1 \U\; \1-10 -IIJI! i......, ~:. . . .. "J _ "!. I ~I ...-.\ ~. --It-.......' 1.1-...:,..;.;:.::: 0 - ,.''0 ~ ~"O....... -- ....""~.. ......' '9 ".........., ~. ~.. .''''',rORA1.. ...... ...,........u... Town of Nantucket Conservation Commission (S08) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes December 14, 1989 Page 13 with the wetlands on one of them and make that one unbuildable. He further comments that he would not want to determine the wetlands as being significant if it is not. I would suggest that this be continued to next meeting so the entire Commission could inspect the lot. Mr. Borchert comments that there is a small spring that comes out by the road. The Commission needs more specific information on house location, driveways, accurate lot lines to mention a few. Mr. Moretti confers with Mr. Hayes. He states that he needs a determination on the property tonight because of other ti~e constraints and commitments. He adds that the inspection report is thorough and suggests that the Commission accept the inspector's recommendation. MOTION: To accept the recommendation of the inspecting team and issue a positive Determination that requires the filing of a Notice of Intent be filed for work on the lot was made and seconded. UNANIMOUS 2. ORDERS OF CONDITIONS a. Longview Realty Trust Madaket Rd. SE48-546 (41-326). There was nobody representing the applicant present. Mr. McKelway comments that he had sent the draft or the denial to James Glidden, agent for the applicants and told him that it would be discussed at this meeting. I also saw him on the street and he apologized to me for putting the Commission through this effort without any results. Mr. Wasierski asks if this denial will keep us out of litigation? Mr. Willet responds that we are denying the project due to the lack of information and response from the applicant even after we had asked several times for the work to be done. This denial does not say that some kind of project would not have ~..t"'" ,~,..~TUeJ/.~~, l'~~""'.-t~~ it~ \v~ t..o; _:~l .- . .. 1-:-:,-, ,,' !p .\~ 'r../~' ..-........-. ---I.A.~I ,\1-~.....;,;;..::: . - ... '0 ;: lI! 0'" ." .... ~.. ~....' '9...........;" \). ~ ~~'.,..ORA1.. ,....... ............,,,. Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes December 14, 1989 Page 14 been permitted, only that we do not have enough information to make a determination of the proposed project. MOTION: To issue the project denial as drafted was made and seconded. UNANIMOUS PROJECT DENIAL JAMES K. GLIDDEN, ESQ., APPLICANT SHIRLI JONES, TRUSTEE, LONGVIEW REALTY TRUST, OWNER DEQE FILE NUMBER SE48 - 546 ASSESSOR'S MAP 41, PARCEL 326 53 MADAKET ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) FINDINGS Public hearings on the above Notice of Intent lasted from May 25, 1989, to November 30, 1989. Based on the lack of testimony presented at those hearings, verbally and in writing, from the applicant, the Nantucket Conservation Commission makes the following findings: 1) The Notice of Intent said the project "will not damage or change (the) existing ditch," but at the first public hearing the applicant submitted a new plan that represented a significant change in the application. Under this new proposal, the ditch was to be put in a pipe and a new pond was to be created on the lot. The project appeared likely to have significant impacts on interests protected under the Wetlands Protection Act and the Nantucket Wetlands Bylaw. 2) At the first public hearing the Commission clearly stated that it needed the wetlands on the parcel flagged, surveyed, and added to a revised version of the plan. ~"'''If'''~ fl.14TUei(: ~'- L~-~~~ iff \"p';, t.o: ,:CC,! .....:~.-. ~ "}-. = . \ ~ - -~ ~ I ~\ "'- -l~1 ,\"y"... -'-'ft:=.....=-- - .' '0 :' ~o". ........!>.. ~^.......... ~. r ";,I"'ORA1\ ~..,,~ ..........."". Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes December 14, 1989 Page 15 3) At the first public hearing the Commission clearly stated that it needed more specifics on the proposal, including the location of the driveway. 4) The applicant failed to attend the next nine public hearings on the application. Each time, the hearing was continued until the Commission's next meeting. The applicant was reminded of the ongoing public hearings on various occasions by the Commission's administrator, who inquired as to the status of the application. 5) After being urged to provide the needed information by letter, by telephone, and in person by the Commission's administrator, the applicant attended the October 12 public hearing. However, he submitted no revised plan, and the wetlands on the parcel had not been flagged. The Commission voted to have the applicant delineate the wetlands immediately. 6) The applicant failed to attend the next two public hearings, and on November 15, on instructions from the Commission, the Commission's administrator sent the applicant a letter stating that the public hearing would be closed November 30 if no representative were present at that meeting and the wetlands on the parcel were not flagged by November 27. The letter stated that if the wetland were flagged in time, someone should meet the Commissioners for the field inspection November 27. On the morning of November 27 the Commission's administrator called the applicant's office and left a message on an answering machine tape reminding the applicant that the field inspection was scheduled for 3:00 p.m. that afternoon. 7) No representative for this application met the two Commissioners for the November 27 field inspection. These Commissioners discovered at the site that the wetlands were only partially flagged. Part of the "footprint" of the house proposed on the original plan had been staked earlier, but the "footprint" of the house proposed on the plan submitted May 25 was not staked. I ...,,"t..~ ~ "~TUCt..'*",, ~\ol,<o~-~>-" ,,~ ".-s.'~ lfi \"p~ Eo: 1 ~U\l ..L-:H . _:tn. ...\-,-,~...", . I.~., ~/:! i. ........ - .,....;. \,A'... -~~- l"- ;: 'y........ -'-'ft:=.....::::-- .-'0 ~ iI! ,"'0'-. ...... ~ "~ 19,:........;; ~. ",'Iii ~-',.ORA1'lO ,..... ....................' ,'> Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes December 14, 1989 Page 16 8) On November 30, the applicant failed to attend the public hearing. The Commission voted to close the hearing. 9) The applicants have failed to obtain or apply for other permit5 for the proposed project, as mandated by Section 136-3(C) of the Nantucket Wetlands Bylaw and by 310 CMR 10.05 ( 4) ( e) . DISCUSSION The behavior of the applicant was not typical. Failure to attend scheduled public hearings after repeated reminders and inquiries from the Commission's administrator and failure, after being asked by the Commission, to have all the wetlands on the parcel flagged and to provide a more detailed plan for the project left the Commission no choice but to deny the application for lack of information. The Commission was patient to allow such a nonproductive process to run as long as it did. Typically, the public hearing process is an unfolding of the proposed project until the Commission learns all it needs to learn about the proposed work and its possible impact on the wetland interests the Commission is charged with protecting. Typically, as requested information is submitted new questions arise, and the hearing may be continued in order to allow the applicant time to find the answers. For instance, in this case the Commission probably would have asked many more questions about the proposed pond. Building a pond correctly can be a complex undertaking, so it has to be properly engineered. Another example is access to the town's sewer line. The Commission probably would have wanted assurance in writing that no septic system would be necessary on the property. Typically, the applicant or a representative is present at each hearing to answer questions and to provide whatever materials are needed by the Commission. CONCLUSIONS The Commission hereby denies the Notice of Intent filed under the Massachusetts Wetland5 Protection Act and the Nantucket Wetlands Bylaw. This denial is without prejudice; the applicant is free to file a new Notice of Intent. .~""".,,... ~,NTUC""'~ !'t....r"'~ -...![e-'t"- '- ~ ~1-'\ ~~ 'y" "i.x-/1 \U\~ ioi. ,..11J1! :1-\,--, ~" , I..~., 'i./~~ · ...... ~ - i.~~ '\. '1-..:... -Y';;: _. - .' '- i "I;. "'. _.. -c-- .... "V ~ ,0~.............1)' ~ ",,'."ORA1~ ,..~ .............,,,. Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes December 14, 1989 Page 17 This denial supersedes any wording on Form 5 (attached) which implies that some work will be permitted under this Order. This denial shall apply to any successor in interest or successor in control of the property. ### b. Hempleman - 49 Hulbert Ave. - SE48-570 (29-14) Present for the applicant was John Shugrue, agent. Mr. Shugrue had the following comments on the draft Order of Conditions: # 12 - asks to allow extend the permitted deck from 8 feet to 9' 6", counting built-in benches. # 14 - does not understand. Mr Cranston explains that this has to with intrusion into the view easement. Mr. Shugrue responds that such intrusion has nothing to do with the Commission's enforcement powers. Recommends delete the entire section. # 15 - asks for a two-foot-high seat back or railing instead of three-foot, so not to interrupt the view from the house. # 16 - asks that this section state that the stairs be no higher than one foot above the dune. Delete "deck and the" and "both". MOTION: #1 - Allow the deck to be 9' 6" wide including all seats, railings, posts, etc. was made and seconded. Mr. McKelway reminded the Commission that the 8-foot figure was an average of what the Commissioners wanted to allow when polled by telephone. Passed. Mr. Borchert opposed, the remaining Commissioners in favor. ~t"""'IIt. ",,~..~..u.E!!}~ ;I. 'Y ,,: ~ If, \"p~ 10:1 ~U\i L -:tn. I-.~, .' f! t.:- :.. " I .... ..... ~ ~ - :""...:: ...._-"".. ~- .~~.... ~,..C'... ~. -....'0;: lII! 0'" ." ... ~.. ;,'.... ~".........;, ~. ~ ......'rORA1~ ..,.... .......,..."". Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes'December 14, 1989 Page 18 #2 - Delete Section 14 and add a new Condition #14 that would an ongoing condition that would allow for continued work for beach nourishment and prior notification of the Commission before the work is to commence was made and seconded. Passed Mr. Borchert opposed, the remaining Commissioners in favor. #3 - To accept Mr. Shugrue's suggested changes for Conditions #15 and #16 as outlined above and to issue the Order of Conditions as amended was made and seconded. Mr. Borchert opposed, the remaining Commissioner's in favor. ADDITIONAL SPECIAL CONDITIONS PHILIP J. & COLLEEN G. HEMPLEMAN DEQE FILE NUMBER SE48 - 570 ASSESSOR'S MAP 29, PARCEL 14 & 14.1 49 HULBERT AVENUE UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) 3. The final, approved plan for this project is titled "Dune Enhancement Plan," (#2822) by John J. Shugrue, revised November 1, 1989, and received by the Conservation Commission November 9, 1989. 4. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealtry of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from the final approved plan. The as-built plan shall include, but not be limited to, the limits of fill or alteration; the location of all structures and pavement within 100 feet of any wetland resource area, the edge of the J o 11ft.,....~ <; ~p..lI.T~;.~ r ..~~ If, \"P\ ,,~:'~U\,," t..... .IJI~ t-i~',:,; :. : .\, ioa 'j,\, ~- _ ~~'i 'S..'~... ~ . .''0 ~ '\ "'0" - ...... ~ if.._, 19~""'''';, ~. ~ v,,#a."!,ORA1~ ..." ..........."". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes December 14, 1989 Page 19 resource area, and the grade contours within 100 feet of the resource area. 5. Members, employees, and agents of the Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditiDns and performance standards stated in this Order, the Nantucket Wetlands Bylaw, the Regulations promulgated under the Bylaw, the Massachusetts Wetlands Protection Act, and pertinent Massachusetts regulations (310 CMR 10.00 through 10.99). The Commission may require the submittal of any data deemed necessary by the Commission for that evaluation. 6. The app 1 i cant, owners, succeSSOl-S or assignees shall be responsible for maintaining all on-site drainage structures and outfalls, assuring the lasting integrity of vegetative cover on the site and monitoring site activities so as to prevent erosion, siltation, sedimentation, chemical contamination or other detrimental impact to the on-site wetland and/or off-site resource areas. It shall be the responsibility of the property owner of record to see that the maintenance conditions are complied with as required by this order. 7. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 8. Used petroleum products from the maintenance of construction equipment, construction debris, and unused paint and paint- related products shall be collected and disposed of respnnsibly off the site. No on-site disposal of these items is allowed. 9. Any refuse material found on the site shall be disposed of at an approved landfill and in no case will these materials be buried or disposed of in or near a wetland. 10. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 11. The addition of sand to the dune and beach shall be done in early spring. All areas disturbed by this project - ---"'''"......~ ,.iP::~IJ.E![.~~. ~. ()/ .t~ itl \"p~ -0: 1 ~U\t t.....L , _'E:IJI. i~ ~:'. , . \ ~_ ~ I ... ........ :;;;s''''::_ -lit' 1 '10..1-^, -;'O.::~. .' .... '~ ...~. .. --- ..- ,,"'~ ~o~j;''''''''~~' # ~~'ORA1~ ,,,~ ......,..,.,'" Town of Nantucket Conservation Commission (508) 228-7230 " 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes'December 14, 1989 Page 20 shall be revegetated with native plants as soon as possible, to minimize erosion. 12. Contrary to the plan, the deck is not permitted to extend more than 9 feet, 6 inches from the outer wall of the house, including any overhangs or seats. 13. Almost all of the sand to be deposited on the dune and beach must be brought in from off the site. This sand must be clean and must be compatible in color and grain size with the existing sand at the site. No more than 6 inches of the sand to be deposited by this project may be from underneath the house or deck. 14. In the future, ongoing beach nourishment similar to what is proposed in the approved plan is permitted, but the Commission must be notified in advance each time. 15. A railing 2 feet high shall be constructed along the outer edge of the entire deck, to discourage people from walking on the dune. A side-view drawing of the deck acceptable to the Commission, drawn to scale and showing the railing, lattice work, and a typical piling in detail must be submitted to the Commission before work on the deck can begin. 16. The walkway across the dune shall be elevated at least one foot above grade, and shall have a minimum spacing of one- half inch between planks, to allow light to penetrate and thus encourage the growth of vegetation which could help anchor the sand. 17. No coastal engineering structure of any kind shall be permitted on the property in the future to protect the project allowed by this Order. Section 310 CMR 10.30 (3) of the Wetlands Regulations, promulgated under MGL Chapter 131, Section 40, requires that no coastal engineering structure, such as bulkhead, revetment, or seawall, shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. . .. -"""'''''1 .t//# "llTUC'-"~ A~~-~<''>- '.0/ .....:.1- '$ ~tJ. '''P~ !o: 1 \lfti t......=- - ;IJI. I.~' . .... .. -\., "" i~! ....\ ~ h....;: ~_...-.. -. .r~~'" "'........... ~ - ..' '0 ~ ""'0'" ...... ",00 .,~ 'l/p........'fr ~. '!Jt'tl ";.' ORAiv ,..'" ............',,- Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes'December 14, 1989 Page 21 UNDER THE NANTUCKET WETLANDS BYLAW ONLY: The Commission hereby grants the applicant waivers from Section 2.02(B)(4) and Section 2.03(B)(2) of the Wetlands Protection Regulations of the Town of Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136). Section 2.02(B)(4) prohibits filling on or within 25 feet of a coastal beach, except for certain water-dependent projects. This section is waived for the dune nourishment portion of this project. Section 2.03(B)(2) requires a 25-foot natural undisturbed area adjacent to a coastal dune and a distance of 50 feet between a dune and a non-water dependent structure. This section is waived for the expansion of the deck. There has been a clear and convincing showing by the a~plicant that there are no reasonable conditions or alternatives that would allow the project to proceed in compliance with the regulations and that the proposed project will not have any adverse effect upon any of the interests protected by the Bylaw. Therefore, these waivers are granted under the authority of Section 1.03(F)(1)(a) of the Wetlands Protection Regulations of the Town of Nantucket. ### 3. CERTIFICATE OF COMPLIANCE a. Barnett - 87 Baxter Road - SE48-529 (49-8) MOTION: To issue the Certificate of Compliance with Section 8 from the Order of Conditions to continue as an ongoing condition was made and seconded. UNANIMOUS 4. OTHER BUSINESS a. Public Hearing on Regulation changes Jan. 18, 1990 in the Large Group Instruction Room of Nantucket High School at 7:00 PM b. Appointment to the Planning Commission II' . *'.....~ rJj"'r~~1{T~~ '- C) ~~$ if \"P~ "Q:~~(/ll I~i',- t1ftj:": \. . \ ~_ ~ i~ S V;.. ~~I ~ (\~ -'-'ft:=.....=--..........,o J' iI'.t, C -9 ;,-........., ~. ~'" ......,rORAi'" ~..,.. ..,........",,' Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nan tucket, Massachusetts 02554 Meeting Minutes'December 14, 1989 Page 22 MOTION: To accept Mr. Wasierski's resignation from the Planning Commission and to appoint Commissioner Lee Dunn to the Planning Commission was made and seconded. UNANIMOUS c. Cattails Removal contract recommendation and approval Mr. McKelway recommends the work as specified in a letter, to Holdgate and Coletti with a $900 maximum. The estimate was for $600. MOTION: To accept the r~commendation of the Administrator was made and seconded. UNANIMOUS 5. CORRESPONDENCE 6. MINUTES: for November 30, 1989 MOTION: To approve as drafted was made and seconded. UNANIMOUS 7. BILLS TO BE PAID 8. FIELD INSPECTIONS ~ Commissioner's Pleasure At this the Commissioners were polled and unanimously voted to go into executive session to discuss litigation and approve minutes and that they would not be coming back into open sess ion. 9:32 PM ~ EXECUTIVE SESSION a. Litigation b. Approval minutes November 30, 1989