HomeMy WebLinkAbout1989-12-28
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
MEETING MINUTES FOR DECEMBER 28. 1989
~ COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC
NONE
~ PUBLIC HEARINGS
1. Nancy Claflin - 35 Wauwinet Road - (20-34)
MOTION: To continue the hearing for additional
information and a DEP file number at the applicants request
was made and seconded.
UNANIMOUS
2. Francis - 41 Dukes Road - NAN89-003 (56-327)
MOTION: To continue the healing fRf ~~~ltlRn~+
information at the applicants request was made and
seconded.
UNANIMOUS
3. H.C.D.,Inc. - 24 Tennessee Ave. - SE48-573 (60.1.2-27)
Present for the applicant was Tom King, designer for
Milton Rowland Associates.
Mr. King states that he had submitted the HCD approved
plans to the Commission office. He also submitted a set of
plans that show the existing house.
Mr. Borchert comments that it is hard to believe that you
are not adding a bedroom to the house.
Mr. King responds that there is a bedroom upstairs but it
replaces the bedroom downstairs that is becoming a family
room.
Mr. Visco comments that a check should be made of the
garage location to ensure that it is not located on top of the
septic expansion area.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes December 28, 1989 Page 2
Mr. Borchert comments that it is unclear where the 100 foot
boundary lies. After further measurement it was determined
that the driveway and garage lie outside of jurisdiction of
the Commission.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
4. Sandra Gillies - 145 Wauwinet Road - (11-7)
Present for the applicant was Tom King, designer for Milton
Rowland Associates. He said the applicant is considering
revisions to the plan, and requested a continuance.
Mr. McKelway comments that he had talked with people at DEP
and that they had suggested that a recalculation of the "V-
zone" to include the primary dune might be in order in this
case. Federal flood insurance regulations would then prohibit
any alterations of the dune.
Mr. Borchert asks how this pertains to the Wetlands
Protection Act.
Mr. McKelway answers that, perhaps because of rising sea-
level, certain V-zones may be drawn too small. Since the
Commission is supposed to protect primary dunes on barrier
beaches, and since the addition proposed with this application
would cut into the dune, it would be good to know if waves are
likely to destroy the dune in the 100-year flood.
Mr. King states that it would affect the structural
techniques that would be allowed to be used.
Mr. Visco comments that this is a lawfully existing
building. But by proposing an addition to it with a new
bedroom, it puts the project in a different light. The
applicants should reconsider the addition and just renovate
the house.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes December 28, 1989 Page 3
MOTION: To continue the hearing for additional
information and a DEP file number at the request of the
applicant was made and seconded.
UNANIMOUS
* 5. Jane Merrill - 27 Hulbert Ave. - SE48-575 (29-24)
Present for the applicant was Sandy Kendall, agent.
Mr. Kendall comments that his proposal is to add five feet
towards the road and nine and one half feet towards Von
Summer's house. The floor of the existing house is 75" above
mean tide level that he had measured today. The kitchen
addition will have the same floor elevation as the existing
house. The proposed project is not going any closer that the
existing structures.
Mr. McKelway comments that this is Land Subject to Coastal
Storm Flowage. The local regulations provide that no work
should decrease the lands' ability to hold and contain flood
waters. The state regulations contain no specific performance
standards, but give the Commission the right to set conditions
on a case-by-case basis.
Mr. Borchert comments that this project is not going to
impede flood waters, and that the elevation of the addition
can be left up to the Building Inspector.
Mr. Kendall makes some changes to the foundation under the
kitchen and signs the changed plans.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
~ REGULAR MEETING
1. REQUEST FOR DETERMINATION
* a. Minucci - Ocean Ave. - (73.3.2 - 25,26,53)
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes December 28, 1989 Page 4
Present were Albert and Judith Minucci, property
owners.
Mr. McKelway comments that the proposal is to construct a
stairway down to the beach. The property is located at the
corner of Morey Lane and Ocean Avenue. He said the Commission
had received Notices of Intent for two stairways on Tom Nevers
Bluff (Lang and CMS Realty Trust>, but had recently approved a
stairway in Pocomo with a negative Determination.
Mr. Willet reads the inspection report and comments that
the project is within the Rare Species Protection area. He
adds that the Commission would like to see some kind of plan
showing construction techniques and materials before
considering approval.
Mr. Borchert adds that the Commission needs a plan that
meets the requirements for stairs. We do not want to lose
these requirements in the translations from Commission to
owners to builder and end up with something inappropriate.
Mr. Minucci agrees to waive the 21 day Determination
deadline.
MOTION: To continue the filing for additional
information at the request of the applicant was made and
seconded.
UNANIMOUS
* b. Ruth Boyd - 117 Eel Point Road - (32 - 1, 2>
Present was Kevin Dale of Vaughan, Dale & Philbrick
counsel for the applicant, Patrick Carney.
Mr. McKelway describes the site and comments that the
applicants want to know far back they must be to avoid filing
a Notice of Intent.
Mr. Willet reads the inspection report commenting that this
is another situation like the McCullough applications, in
which a coastal bank has been topped with a dune.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes December 28, 1989 Page 5
Mr. Visco asks how old is the plan? (dated 1976) He adds
that the bank has moved since then. If the applicant were to
stay at least 100 feet from the top of the existing bank, then
the project would be out of our jurisdiction.
Mr. Borchert comments that he would like to see 120 feet,
just to be safely away from the bank.
MOTION: To issue a negative determination stating
that the work is within the buffer zone of a resource area
but will not alter the area. In addition, the work will not
require a Notice of Intent if the project stays at least
120 feet from the top of the existing bank. Made and
seconded.
UNANIMOUS
2. ORDERS OF CONDITIONS
a. Cabral - 10 Pond Street - SE48-555
(56-294)
Present for the applicant was John Shugrue, agent.
Mr. McKelway reads a letter from Daniel B. Badger, counsel
to an abutter, in opposition to the project at the request of
Mr. Badger.
Mr. Shugrue submits a revised plan showing a reduced
septage flow as requested by the Commission at the previous
meeting.
Mr. Shugrue comments on the Draft Order of Conditions that
he would like to see wording changes that would allow a
maximum of three bedrooms on the house and the allowable flows
to be equal to whatever is allowed under Title 5 for a 3-
bedroom home. This would provide protection to the applicant
in case there is a change in the Title 5 regulations.
Mr. Visco states that this caps the lot to three bedrooms.
It is necessary to understand the hydrology of the area in
approving this project. The septage flow will go straight down
and not sideways due to the clay layer, protecting the pond.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes December 28, 1989 Page 6
Mr. Wasierski comments that the Commission might be opening
a Pandora's box by allowing all these waivers.
Mr. McKelway adds that the recent MACC newsletter adds some
clarification to the definition of a bedroom. This definition
could be used to further clarify the bedrooms in Condition 14.
Mr. Visco comments that this would be altering the local
By-Law. The Commission could adopt these changes after a
public hearing. It comes down to enforcement by the Commission
and the Health Department.
Mr. Borchert asks if there should be a section in the
Commission's findings that there is no other way to do the
project and that the project will have no adverse effect on
the wetlands.
Mr. McKelway responds that is not the case for all the
waivers. For example, a smaller house could be at least 50
feet from all the wetlands. In fact, he said, the regulations
specifically give the Commission extra power to set other
conditions in return for granting a waiver.
Mr. Borchert adds that he feels that the proposed septic
system will not hurt the pond or the wetlands due to the
hydrology of the area, and that this should be added to the
explanation of the waivers for the septic system. The other
Commissioners seemed to share his view, and Mr. McKel~ay said
he would make such changes.
After a discussion of how the Commission can handle a
proposal that requires a variance from local Board of Health
regulations, based on a 1986 DEP memo cited in the new MACC
newsletter, Mr. Borchert suggests that some additional
language be added to Condition 14, specifying that this
approval is granted only if the Board of Health grants a
variance.
MOTION: To issue the Order of Conditions for the
project as amended was made and seconded.
Mr. Wasierski was opposed and all others in favor.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes December 28, 1989 Page 7
ADDITIONAL SPECIAL CONDITIONS
HERBERT C. CABRAL, JR.
DEQE FILE NUMBER SE48 - 555
ASSESSOR'S MAP 56, PARCEL 294
10 POND STREET
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
3. The area shown as "BUSHeS" on the final approved plan (Job
# 2759, dated Oct. 27, 1989, revised Dec. 28, 1989, and
received by the Commission Dec. 28, 1989) is a wetland, and
shall not be disturbed. Instead of the snow fence shown on
the plan, a siltation fence or a line of haybales shall be
staked outside of and parallel to the wetland boundary
prior to any other activity at the site. After the
installation of the fence or haybales, notice shall be
given to the Nantucket Conservation Commission. No work
shall begin on the site for 48 hours after said notice is
given, so as to allow Commission members time to inspect
all siltation devices. The siltation fence or haybale
line, erected to prevent siltation of the wetland during
construction, will also serve as a limit of activity for
work crews. It shall remain in good repair during all
phases of construction, and it shall not be removed until
all soils are stabilized and revegetated or until
permission to remove it is given by the Commission.
4. An as-built plan, signed and stamped by a registered
professional engineer or land surveyor in the Commonwealth
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 following:
all pipe/culvert inverts for inflow and outfalls; pipe
slope, size and composition; location of other drainage
structures and their composition; limits of fill or
alteration; location of all structures and pavement within
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes December 28, 1989 Page 8
100 fept of wetland; the edge of the wetland; the grade
contours within 100 feet of the wetland.
5. Members, employees, and agents of the Commission shall have
the right to enter and inspect the premises to evaluate
compliance with the conditions 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 applicant, owners, successors 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 responsibly off the site. No on-site disposal
of these items is allowed.
9. Dust control, if required, shall be limited to water. No
salts or other wetting agents shall be used.
10. 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.
11. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes December 28, 1989 Page 9
12. In all cases, no part of any structure, including decks,
platforms and gazebos, may be closer than 50 feet from the
edge of the wetland along the pond, as shown on the final
approved plan.
13. The grading of a slight, continuous slope between the house
site and the pond is allowed, in order to prevent the
shedding of water onto the neighboring lots. No such
shedding is allowed. Before grading begins, a line of
haybales must be staked at or near the edge of the pond, to
prevent siltation into the pond. The small depression
between the pond and the house site is deemed to be
insignificant to protected interests.
14. The septic system is limited to a maximum flow of 330
gallons per day or whatever maximum flow is authorized for
a 3-bedroom home under Title 5 of the Massachusetts
Environmental Code. The house is limited to 3 bedrooms, in
order to minimize groundwater and wetland pollution in the
area. No work permitted by this Order may begin unless and
until the applicant receives a subsurface sewage disposal
permit from the Town of Nantucket Board of Health, and
until a copy of said permit is sent to the Conservation
Commission and the Department of Environmental Protection.
15.
No full basement is permitted
crawlspace only.
16. To minimize adverse effects on wildlife, no pesticide shall
ever be used anywhere beyond 15 feet from the house.
17. No lawn or mowing is permitted. Native plant species must
be planted an the graded area and undisturbed thereafter.
The land between the house and the other wetland (marked as
"BUSHeS" on the final approved plan) may be disturbed only
as necessary to construct the house and driveway.
18. To prevent eutrophication of the small pond, no use of
fertilizer is permitted anywhere on the lot.
19. The driveway must be constructed of pervious material.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes December 28, 1989 Page 10
UNDER THE NANTUCKET WETLANDS BYLAW ONLY:
The Commission hereby grants the applicant five waivers from the
Wetlands Protection Regulations of the Town of Nantucket, under
the Nantucket Wetlands Bylaw (Chapter 136 of the Code of the Town
of Nantucket):
1) A waiver from Section 3.02(B)(1). This section requires a
distance of 50 feet between any structure and a vegetated
wetland. This waiver is granted for the house.
2) A second waiver from Section 3.02(B)(1). This section also
requires at least a 25-foot natural undisturbed area
adjacent to a vegetated wetland. This waiver is granted
for the driveway.
3) A waiver from Section 3.02(B)(4). This section requires a
distance of 100 feet between a septic system leach facility
and a vegetated wetland. This waiver is granted for the
leaching pit of the septic system. There has been a clear
and convincing showing by the applicant that there are no
reasonable conditions or alternatives that would allow the
project to proceed in compliance with the regulations and
that, because of the hydrology of the area, the septic
system will not have any adverse effect upon any of the
interests protected by the Bylaw.
4) A waiver from Section 3.03(B)(2). This section requires at
least a 25-foot natural undisturbed area adjacent to land
under a water body. This waiver is granted for the
grading.
5) A waiver from Section 3.03(B)(3). For the applicant's lot,
this section requires 200 feet between the leach facility
of a new septic system and the leach facilities of
neighboring septic systems. This waiver is granted for the
proposed septic system's leaching pit. There has been a
clear and convincing showing by the applicant that there
are no reasonable conditions or alternatives that would
allow the project to proceed in compliance with the
regulations and that, because of the hydrology of the area,
the septic system will not have any adverse effect upon any
of the interests protected by the Bylaw.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes December 28, 1989 Page 11
These waivers are granted under the authority of Section 1.03(F)
of the Wetlands Protection Regulations of the Town of Nantucket.
###
3. CERTIFICATE OF COMPLIANCE
a. McCullough - 99 Eel Point Road - SE48-486 (32-9)
Present for the applicant were John Shugrue, surveyor
and Melissa Philbrick counsel for the applicant.
Mr. Shugrue states that he had submitted an as-built plan
last week.
Mr. Willet reads the inspection report.
MOTION: To issue the Certificate of Compliance was
made and seconded.
UNANIMOUS
b. McCullough - 99 Eel Point Road - SE48-550 (32-9)
Present for the applicant were John Shugrue, surveyor
and Melissa Philbrick counsel for the applicant.
Mr. Shugrue states that he had submitted an as-built plan
last week.
Mr. Willet reads the inspection report.
MOTION: To issue the Certificate of Compliance was
made and seconded.
UNANIMOUS
4. EXTENSION PERMIT
a. Nantucket Commons - SE48-365 (55 - 144,150)
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes December 28, 1989 Page 12
MOTION: To issue an one-year extension to the project
was made and seconded.
UNANIMOUS
5. OTHER BUSINESS
a. Public Hearing on Regulation changes Jan. 18, 1990 in
the Large Group Instruction Room at 7:00 PM
Mr. Wasierski comments that some discussion with the Health
Department is necessary concerning bedroom definition.
Perhaps we could include such a definition in the proposed
changes to the local wetlands regulations.
Mr. McKelway said it was not advertised with the other
propoposals, so it should not be discussed Jan. 18 but could
be advertised for another night.
b. Approval Not Required (ANR) - policy discussion
Mr. Willet states the he would like to get together with
the Planning Board concerning the Commission making some
recommendation on Approval Not Required (ANR) filings. It
would be an attempt to head off problems and provide informal
information to the Planning Board.
Mr. Visco asks where is the authority for the Commission to
make recommendations on ANR filings. It is not within our
jurisdiction. The law is very strict concerning ANR lots. Any
changes need to come from the state. The Planning Board can
send all the ANRs to the Commission, but we do not have any
authority to require any changes be made to the lots. We need
to work within the legal framework that is existing.
Mr. McKelway states that a meeting on this subject with
Planning Director Bill Klein and another Planning Board
staffer has been set up for Tuesday, January 2, at 10:45 a.m.
c. Warrant Article for 1990 Annual Town Meeting
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes December 28, 1989 Page 13
MOTION: To submit the warrant article requesting
$20,000 for land acquisition was made and seconded.
d. MACC Annual Meeting
Mr. McKelway urges Commissioners, especially those
who have not attended in the past, to register for this
meeting in March to get a better idea of what Conservation
Commissions are all about. All expenses will be reimbursed
from the budget. Some Commissioners said past MACC Annual
Meetings had been quite helpful to them. Mr. McKelway said
the Commissioners could use the form in their MACC
newsletter to register on their own, keeping a copy of the
form and a copy of their check and all other receipts for
reimbursement. Mr. Perry said if such copies are brought
to the office, the appropriate vouchers can be signed at
the next meeting.
e. Austin Farms - reissue the Extension Permit
Mr. McKelway comments that through a clerical error the
wrong date was put on the Extension Permit and waS recorded.
The date needs to be changed to read 1990.
MOTION: To re-sign a corrected Extension Permit was
made and seconded.
UNANIMOUS
f. Planning Commission Appointment -
Mr. McKelway states that Lee Dunn could not accept the
appointment as voted at the last meeting and the spot needs to
be filled.
MOTION: To appoint a staff member to be the
Commission's representative was made and seconded.
UNANIMOUS
6. CORRESPONDENCE -- no discussion. Mr. McKelway announces
that the DEP site visit for the Sesachacha Pond appeal has
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes December 28, 1989 Page 14
been scheduled for 10 a.m. Wednesday, January 10th, at the
pond.
7. MINUTES: for December 14, 1989
MOTION: To approve as drafted was made and seconded.
UNANIMOUS
8. BILLS TO BE PAID
9. FIELD INSPECTIONS - Monday, January 8, 1990 at 3:30 PM
At this time the Commissioners were polled and voted
unanimously to go into executive session to discuss litigation
and not to return into open session.
8:55 PM