HomeMy WebLinkAbout1989-01-19
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
AGENDA FOR JANUARY 19, 1989
A. Comments, questions from press and public
B. PUBLIC HEARINGS
1. W Harborfront Nom Tr - SE48-520 - Lot 20 - Polpis Rd. (26-22)
2. Quaise Pasture Nom Tr - SE48-518 - Lot 21 - Polpis Rd. (26-22)
3. Mako Nominee Trust - SE~8-521 - Lot 22 - Polpis Rd. (26-22)
~. Shallow Harbor Nom Tr - SE~8-517 - Lot 23 - Polpis Rd. (26-22)
5. Harbor Breeze Nom Tr - SE~8-519 - Lot 2~ - Polpis Rd. (26-22)
6. D & K Realty Trust - SE~8-525 - Hummock Pond Road (56-59)
7. Nant. Land Council/von Summer - 29 Hulbert Ave. (29-23)
8. *M/M Charles K. Gifford - SE~8-526 - Shimmo Road (43-180)
9. *Spoor - SE48-000 - 101 Baxter Road (00-00)
C. REGULAR MEETING
1. Requests for Determination
a. *Eleanor and Robert M. Jones - Squam Road (13-31 & ~2)
b. *Edward Miller - 33 Sheep Pond Road (63-37)
2. Orders of Conditions
a. V. Linburg - SE48-514 - 31 Codf Pk Rd (73.1.3-11)
3. Certificates of Compliance
a. McKerrow - SE48-~21 - West Chester St (~1-337)
b. George Metcalfe - SE48-77 - No Beach Street (~2.4.1-37)
c. Nant Harborside Rty Tr - SE~8-390 - Wash St Ext (42.2.3-20)
d. l~aughtoff - SE~8-475 - off Hoick's Hollow Road (~8-3)
e. Holland - SE48-452 - 117 Madaket Road (40-60.3)
e. Laine - SE48-396 - Eel Point (33-19.1)
4. Other Business
a. Wauwinet House - SE~8-392 (11-17) minor modif - catch basin
b. Town Meeting articles - Read DeRensis proposals, sign
c. Cliffside Beach, Inc. - SE48-~99 - reconcile Orders
d. Winn/Stark - SE~8-272 (56-232.1) - discussion
e. Sherburne Associates - SE~8-435 - Str Wharf - minor modif
f. Mass Nat Heritage & Endangered Species Prog - updated rare
wetlands wildlife maps, effective January 1989
5. Correspondence
6. Minutes of January 5, 1989
7. Bills to be paid
8. Field Inspections - set date and time -
I * denotes new application
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page 1
MINUTES OF JANUARY 19, 1989
The public hearings of January 19, 1989 were called to order at 7:30 PM.
Members present were: Bill Willet - Chairman, Lee Dunn, Peter W.
Dunwiddie, Carl Borchert, Donald Visco and Henry Wasierski. Members
absent were: Granville Cranston. Administrator present: Ben McKelway.
Recording secretary: Marcia J. Litchfield.
A. Comments, questions from press and public.
1. Henry Wasierski wanted to make 2 points: 1) attendance at field
inspections had been low in his opinion and he thought it was an
injustice to applicants, other commission members, etc. He
thought the other members should con~it themselves to attending
the field inspections regularly or get off the commission. He
did not think it was fair to have one or a few of the
co~missioners doing the field inspections and making judgments
that represent the whole Commission.
2) Regarding the Consue Springs house, Henry reported he had
measured the well. It is 20" in diameter with a steel casing.
He thought it should be capped off for safety. Donald Visco
agreed, adding that sometimes he doesn't go to field inspections
when he knows in advance he will be working on the project. He
suggested the chairman assign field inspections to specific
members and if they can't make it, they should say so and why.
Donald also thought Ben McKelway had been doing a good job of
handling field inspections for Requests for Determination and
should continue to do so. Carl Borchert said years ago, the
Commission used to go out on Sunday mornings and were usually
done by 11 AM. He thought ~ PM was not a good time for anyone
and suggested rescheduling inspections for either Sat or Sun
mornings.
2. Ben McKelway reported with regards to the Consue Springs house
that the HDC had asked Architect Chris Holland to redesign it
without the lantern/light on top. The Commissioners said they
wanted to see the final drawing. Ben expected the project to be
done by late spring.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page 2
B. PUBLIC HEARINGS
1. W Harborfront Nominee Trust - SE48-520 - Lot 20 - Polpis Road
(26-22); 2. Quaise Pasture Nominee Trust - SE~8-518 - Lot 21 -
Polpis Road (26-22); 3. Mako Nominee Trust - SE48-521 - Lot 22 -
Polpis Road (26-22); 4. Shallow Harbor Nominee Trust - SE~8-517
- Lot 23 - Polpis Road (26-22); and 5. Harbor Breeze Nominee
Trust - SE~8-519- Lot 24 - Polpis Road (26-22). Donald Visco and
Lee Dunn abstained from discussion and voting on all hearings.
Melissa Philbrick of Vaughan, Dale and Philbrick was present as
agent with applicant Randy Sharp. Tina Coughanowr of Horsley
Witten Hegemann and Jeff Blackwell of Hart-Blackwell Associates
were also present as agents for the applicant. Lynn Zimmerman of
the Nantucket Land Council was also present.
NOTE: The following discussion applies to all 5 lots:
Ms Philbrick spoke in detail about some problems she saw with the
Commission requiring Conservation Restrictions (CR's). She
didn't think it was appropriate for the ConCom to be negotiating
with landowners about CR's and proposed using deed restrictions
to accomplish the same aim. She distributed copies of a draft
deed restriction she had drawn up which was for a 30-year
period and renewable for a period of 20 more years. She said it
is a very serious decision when a landowner decides to restrict
their land for SO years.
She claimed CR's often can take several years to effect because
they must go before the Board of Selectmen for approval. The
potential problem would be if the dwelling were built before the
CR was approved by the Selectmen and then they denied it when the
CR finally came before them. Her deed restriction was designed
to accomplish the same thing, would be attached to the deed, and
would not grant public access as with some CR's, she claimed.
She said the public access issue seemed to go against the
ConCom's desire to see the land use restricted. She thought work
with CR's should more appropriately be left to the Nantucket Land
Council.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page 3
Carl Borchert thought any deed restriction would also have to be
approved by the Selectmen. Ms Philbrick did not think so, but
agreed to check. She had spoken with Betsy Kimball of DEQE's
legal division who, although not too familiar with CR's, said the
ConCom was empowered to write them into their Orders of
Conditions. Ms Philbrick agreed to contact other ConComs which
had experience with CR's. Carl didn't think SO years was that
long a time period. Bill Willet asked Ben McKelway to consult
with Town Counsel about CR's. Henry Wasierski asked if the land
with a CR would remain on the tax roles. Ms Philbrick said
tradi~ional CR's take the land off the tax roles, but if the
landowner imposes a CR unwillingly, then it stays on.
Peter Dunwiddie strongly wanted a document which would stand up
to time and protect the wetlands in perpetuity. Bill Willet
asked if restrictions on ramps, docks, floats, etc. in Polpis
Ha~bor could be written into the Order. Ms Philbrick said the
Orders are effective for 3 years, and when a Certificate of
Compliance is issued, only ongoing maintenance conditions
continue to be in effect. She thought the Commission should
favor the land remaining on the tax roles in the best interest of
the Town.
Ms Philbrick submitted a map with the areas proposed to be
covered by a CR shaded in and prepared by Jeff Blackwell. A
total of 20.3 acres would be restricted out of the 32 overall.
She said the regulations permit unpaved driveways through
restricted areas.
Lynn Zimmerman of the Nantucket Land Council submitted a letter
arguing that the local Wetlands Bylaw with sec 136-9(B)
specifically gives the Commission the power to require a CR
running with the land as a permit condition and was entirely
appropriate for the ConCom to do so. The letter also compared
CR's with deed restrictions. She spoke about the NLC's record
with procuring CR's on Tuckernuck. The only instance where time
was an obstacle was when the land was unregistered. She said 2
CR's took over a year to settle for that reason. She had spoken
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page ~
with Joel Lerner at the State Division of Conservation Services
who said any CR's on these Polpis lots would meet with his
approval because he was aware of the wetland value of the area.
Lynn continued by suggesting the Con~ission get indications from
the Selectmen and Town Counsel. She also said public access may
be a provision of a CR appropriate in some locations and not in
others. She thought the ConCom had an obligation to protect some
upland areas. She stressed that CR's assurred the Commission
that no projects which are not permitted in the CR will ever be
submitted.
Carl Borchert was concerned that after the 30 years that a deed
restriction is in effect that no regulatory body would notice
when it was up for renewal. Ms Philbrick said the ConCom would
be responsible for noticing. She stressed that Mr Sharp was not
opposed to the concept of protecting the wetlands in perpetuity
and that he was really not offering anything less that what Lynn
had advised. Carl asked Ben McKelway to discuss the matter with
other ConComs that had dealt with CR's. The CR done with the
Codex Farm in Canton was suggested as a case to research.
Henry v-jasierski thought the land value might well be higher with
restrictions imposed on the waterfront. Wetland scenic views
along this section of Polpis Road were discussed. Lynn Zimmerman
thought the public scenic vistas from both the Polpis Road, which
will eventually have a bike path, and from Polpis Harbor were
significant. Henry said he saw no reason for public access to
Polpis Harbor. Lynn reminded the Commission of what she
considered the significant waivers being requested in exchange
for the CR's and was concerned about the second bridge flooding
and the possible impacts of second dwellings. She said CR's will
control what activities will and will not occur on the land.
Carl Borchert and Peter Dunwiddie had some problems with the
ConCorn trying to impose CR1s on non-wetland areas because they
would be outside its jurisdiction. Ben McKelway was asked to
look into the issue.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page 5
NOTE: The following discussion applies to Lot 24:
Ms Philbrick submitted a new revised plan showing the areas where
the CR was being proposed. Ben McKelway was concerned that the
applicant was creating a bargaining atmosphere and wasn't sure if
trading one thing on one application for something else on
another application was ethical or legal. Ms Philbrick said she
was not hiding the fact that CR's on 3 lots were being offered in
exchange for waivers on the other 2 lots, but said the idea was
to treat the entire 32 acre parcel as one entity.
Jeff Blackwell submitted plans and preliminary sketches of a
bridge design and said it was up to fire code. Ms Philbrick
commented on the alternative house site discussed at the last 2
meetings. She again thought it would require too much
excavation, do damage to root systems of some older trees within
the ConCom's jurisdiction which the applicant preferred to save,
and would negatively impact on wetland scenic views. Ms
Coughanowr submitted a cross-section dra\>ln by Jeff Blackwell. JVIs
Philbrick added that the wetland boundaries had not been
confirmed by Peter Dunwiddie, so the building envelope had been
drawn based on the original boundaries.
NOTE: The following discussion applies to all 5 lots:
Ben McKelway asked Ms Coughanowr if she would fill out the
wildlife habitat evaluation checklist for the Commission if she
found it was applicable to these properties. She agreed to do
so. Ben also commented that he had asked Health Agent Richard
Ray if he saw any problems with the septic system on Lot 2~. Mr
Ray said he had no concerns as long as the p~~p was powerful
enough to keep everything going.
Peter Dunwiddie was bothered by second dwellings being built on
some of the lots in the future and thought that was just as bad
as further subdividing the land. Ms Philbrick said the building
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page 6
envelopes are sufficiently large to allow for second dwellings.
The CR's would restrict any dwellings being built outside the
envelopes. Carl Borchert said to Ms Philbrick that, although she
was representing that all buildings would be within the
envelopes, she was not doing it in any legal way. There was
further discussion about the stream crossings.
A motion was made to continue hearings on Lots #20, 21, 22, 23,
and 2~ for the following information:
1) whether or not the deed restriction would be required to
go before the Board of Selectmen;
2) how other ConComs use CR's;
3) whether or not public access on land having a CR lS
necessarily the norm;
~) more information on how perpetual protection may be
accomplished by the ConCom; and
5) the completed wildlife habitat evaluation checklist, if
applicable.
Henry Wasierski opposed. The motion was carried.
6. D & K Realty Trust - SE~8-525 - Hummock Pond Road (56-59).
Rachael Hobart of Vaughan, Dale and Philbrick was present as
agent for the applicant. It was her understanding that the
Commission basically had no problems with the application and all
they were waiting for was a DEQE file number and a response from
an abutter's lawyer.
A motion was made to close the hearing. The motion was carried.
7. Nantucket Land Council/von Sum.'Tler - 29 Hulbert Ave (29-23). Carl
Borchert abstained from the hearing. Chris Holland was present
as agent for the applicant. Arthur Reade of Reade and Alger was
present representing the buyer. Tina Coughanowr of Horsley
Witten Hegemann was present.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page 7
Peter Dunwiddie wanted the record to reflect the fact that he was
a member of the Nantucket Land Council, but did not represent any
financial interests of the organization. Mr Reade confirmed that
the sale was not conditional on the approval of this application.
Ms Coughanowr submitted a plan which was a compilation of the 3
previous plans. She said DEQE would not release the file number
to her over the phone, but would be sending it along to the
Commission soon. Septic system revisions were discussed. The
timbers used to face the seawall would be fastened flush with
the wall. The seasonal stairway and decks were discussed.
Mr Holland said the walkway would be raised and there were ~5 ft
between the patio and the resource area. The Commission wanted
an accurate final plan and he agreed to supply it at the next
meeting.
A motion was made to continue the hearing for a final plan and a
DEQE file number. The motion was carried.
8. M/M Charles K. Gifford - SE~8-526 - ShiwIDo Road (43-180). Les
Smith of Daylor Consulting Group was present as agent for the
applicant and submitted abutter notification. He presented an
overview of the project and said one wetland doesn't qualify as a
wetland under the state Wetlands Act, but it does under the local
bylaw. He had looked at the CZM shoreline change maps and found
this to be a very stable area characterized by a well-stabilized
saltmarsh shoreline whose bank acts as a storm buffer.
There was one problem in where to delineate the edge of the
coastal bank, and he had done it at elevation 14. The profile
and slope of the bank were discussed. Mr Smith said the proposed
dirt driveway had a 35-~0 ft buffer to the wetland. A waiver was
being requested from the 50 ft setback because the house was
sited 35 ft back from the breaking slope, however the buffe~ must
be determined to be significant for the waiver to be necessary.
He said the house could be positioned so there was 50 ft on both
sides, but it would then be closer to the wetland. The proposed
decks were intended to prevent foot damage to the surrounding
vegetation and no lawns were proposed.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page 8
Lee Dunn and Henry Wasierski expressed some alarm while on the
field inspection when they saw the house stakes were much closer
to the edge of the bank than shown on the plans. Mr Smith said
the plans were still in the conceptual stage and the site had
been incorrectly staked. Lee thought there was definitely a
problem with determining where the edge of the coastal bank was.
There was concern over the leaching trenches and runoff in a
steep part of the driveway. I~ Smith described a possible
repositioning of the trenches and proposed using gravel on the
driveway slope.
Lynn Zimmerman wanted more information on wetland scenic views
as seen from Polpis Harbor and on how to restrict second
dwellings. A motion was made to continue the hearing for the
following additional information:
1) revised plans showing placement of the house at least 50
ft back from both the coastal bank and the freshwater
wetland;
2) plan showing limits of work;
3) mitigation measures;
4) architectural details on the house including height
specifications;
5) copy of the coastal bank log:log graphs for the file
6) a topographic cross-section through the hummock showing
house elevations;
7) description of how the driveway will be constructed and
maintained both during the construction period and
thereafter;
8) schedule of construction;
9) indication of where materials will be stockpiled on an
easterly upland portion of the lot; and
10) projected impacts on wetland scenic views as viewed from
Nantucket Harbor.
The motion was carried.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page 9
9. Spoor - SE48-527 - 101 Baxter Road (48-17). Kate Mitchell of
Island Women Construction Company was present as agent for the
applicant. Abutter notification was submitted.
Ms Mitchell said the first floor grade would not change and the
house would be lifted up and moved as quickly and carefully as
possible. A motion was made to close the hearing. The motion
was carried.
C. REGULAR MEETING
1. Requests for Determination
a. Eleanor and Robert M. Jones - Squam Road (13-31 & ~2). Tina
Coughanowr of Horsley Witten Hegemann was present as agent for
the applicant. Abutter notification had not been sent out. A
motion was made to postpone the issuance of the Determination
until after the notification had gone out. Ms Coughanowr agreed
to send out notices and appear at the February 2, 1989 meeting
for the Determination. The motion was carried.
b. Edward Miller - 33 Sheep Pond Road (63-37). Glen Wills of
Nantucket Surveyors was present as agent for the applicant and
did not have the abutter notification information with him. He
agreed to drop it off to the office on Friday, January 20, 1989.
A motion was made to issue a negative Determination stating the
work described in the Request is within the Buffer Zone, as
defined in the regulations, but will not alter an Area Subject to
Protection Under the Act. Therefore, said work does not require
the filing of a Notice of Intent. The motion was carried.
2. Orders of Conditions
a. V. Linburg - SE48-51~ - 31 Codfish Park Road (73.1.3-11). John
Shugrue was present as agent for the applicant and stated the
applicant had agreed to reposition the house 10 ft further away
from the dune edge.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page 10
A motion was made to issue a standard Order of Conditions with
Additional Special Conditions as follows:
ADDITIONAL SPECIAL CONDITIONS
VIRGINIA B. LINBURG
DEQE FILE NUMBER SE~8-51~
ASSESSOR'S MAP 73.1.3, PARCEL 11
31 CODFISH PARK ROAD
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT (MGL CHAP.131,
SEC.~O)
AND THE ~~TLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136)
The project is approved in accordance with the Notice of Intent,
the most recent plans cited on Form 5, the general and special
conditions on form 5, and the following additional special
conditions:
3. In all cases, no part of any structure, including decks, should
be closer than 50 feet from the dropoff to the beach or closer to
the dropoff than the existing house. No patio is allowed on the
seaward side of the house.
~. Section 30(3) of the Wetlands Regulations, promulgated under G.L.
c. 131, s. ~O, requires that no coastal engineering structure,
such as a 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.
5. No structure may be higher than 25 feet above existing grade.
6. The house shall be built on pilings which are embedded to a depth
below the level of extreme low water.
7. Prior to any activity at the site, a line of snowfencing shall be
installed approximately 10 feet seaward of the proposed house.
The snowfence line, erected to mitigate for any debris which
might wash or blow toward the beach during construction, will
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page 11
also serve as a limit of activity for work crews. The fence
shall remain in good repair during all phases of construction,
and it shall not be removed until all soils are stabilized and
seeded or until permission to remove it is given by the
Commission.
8. Nantural vegetation between the wetland edge (labeled as "Top of
Bank" on final plan) and the project site will be left intact
except where it is necessary to temporarily use this area. After
construction, any disturbed area within this buffer area will be
replanted with native plants. However, there must be a
completely undisturbed 25-foot buffer zone on the landward side
of the wetland boundary.
9. 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 Con1ffiission at the same time as a
wTittel1 request for a Certificate of Compliance and shall specify
how the completed plan differs from that shown on the plans
referred to in the Order of Conditions. 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 structure
and pavement within 100 feet of wetland; the edge of the wetland;
the grade contours within 100 feet of the wetland.
10. Members, employees, and agents of the Cornmission shall have the
right to enter and inspect the premises to evaluate compliance
,~ith the conditions and performance standards stated in this
Order and the Nantucket Wetlands Regulations and may require the
submittal of any data deemed necessary by the Commission for that
evaluation.
11. 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 site activities so as to prevent erosion, siltation,
sedimentation, chemical contamination or other detrimental impact
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page 12
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
maintenance conditions are complied with as required by this
Order.
12. This document shall be included in all construction contracts and
subcontracts dealing with the work proposed and shall supersede
other contract requirements.
13. Used petroleum products from the maintenance of construction
equipment and construction debris shall be collected and disposed
of off-site. No on-site disposal of these items is allowed.
14. Dust control, if required, shall be limited to water. No salts
or other wetting agents shall be used.
15. 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 the area designated as wetland.
16. This Order of Conditions shall apply to any successor in interest
or successor in control of the property.
The motion was carried.
3. Certificates of Compliance
a. McKerrow - SE~8-421 - West Chester Street (41-337). Glen Wills
of Nantucket Surveyors was present as agent for the applicant
with Jack Empey, a contractor, and Melissa Philbrick of Vaughan,
Dale and Philbrick.
Mr Wills explained that the deck had been constructed about 2 ft
closer to the top of the pond bank because of the addition of
planters and benches. Mr Empey added that the deck design had
been up in the air until after the house was built, and in his
opinion the resulting discrepancy had been an honest mistake. He
said the owner never intentially tried to slip anything by the
Commission.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page 13
After lengthy discussion, a motion was made to issue a
Certificate of Compliance certifying that the work regulated by
the above-referenced Order of Conditions has been satisfactorily
completed. Donald Visco abstained, Peter Dunwiddie and Henry
Wasierski opposed, and Carl Borchert and Lee Dunn voted in favor.
Chairman Bill Willet voted in favor, thus carrying the motion.
b. George Metcalfe - SE48-77 - North Beach Street (~2.4.1-37). Mr.
Metcalfe was present and told of the history of extensive filling
in the area by various persons. He felt he had done much less
filling than some others had at that time, and argued that the
area was not a marsh then. He claimed the old plans did not
reflect the actual conditions at the time of his filing. He said
his work had been done by reputable contractors at the time.
Peter Dunwiddie thought the ConCom has to assume plans are
correct as certified at the time of the filing. He thought the
project had been completed in gross disregard for what had been
approved and a Certificate should not be issued. Although Lee
Dunn had some problems with it, he thought the Commission would
Dever get to the bottom of it. John Shugrue, who had originally
certified the old plans, came in and reviewed them. He admitted
they were inaccurate.
After some heated discussion, a motion was made to issue a
Certificate of Compliance certifying that the work regulated by
the above-referenced Order of Conditions has been satisfactorily
completed. Peter Dunwiddie opposed. The motion was carried.
c. Nantucket Harborside Realty Trust - SE~8-390 - Washington Street
Extension (42.2.3-20). Arthur Reade was present as agent for the
applicant and had submitted a letter dated January 18, 1989
suggesting the Certificate be issued with only Section 2 checked,
and with same language inserted as follows:
"All of the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page 1~
The owner from time to time of the premises regulated
has the ongoing obligation to dispose of sediment and
waste collected by the oil and gas separators on a
periodic basis, to ensure that the separators are
functional and that any oil and gas that have
accumulated are removed. The owner from time to time
shall submit to the Commission annually a certificate
signed by a Registered Professional Engineer or other
qualified professional satisfactory to the Commission,
setting forth that the separators are in fact functional
and that there is no accumulation of waste. Failure to
do so shall constitute a breach of the requirements of
the Order of Conditions."
Mr Reade said the main issue is that the oil separator be
maintained properly and the above continuing condition would
ensure that. Lee Dunn thought the document written this way was
much more meaningful than a conventionally-issued Certificate and
suggested the applicant submit an annual maintenance report to
the Commission. Henry Wasierski thought this was a case where
the ConCom should have done better research on the catch-basin
and Lee agreed.
A motion was made to issue the Certificate to include the
suggested clause as written above. The motion was carried.
d. Krauthoff - SE48-~75 - off Hoick's Hollow Road (~8-3). A motion
was made to issue a Certificate of Compliance certifying that the
work regulated by the above-referenced Order of Conditions has
been satisfactorily completed. The motion was carried.
e. Holland - SE~8-~52 - 117 Madaket Road (~0-60.3). A motion was
made to issue a Certificate of Compliance certifying that the
work regulated by the above-referenced Order of Conditions has
been satisfactorily completed. The motion was carried.
f. Richard Laine - SE48-396 - Eel Point (33-19.1). John Shugrue was
present as agent for the applicant. The results of a recent
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page 15
field inspection were read and stated the widow's walk extended
above the 2~ ft height allowed in the Order of Conditions and a
sod lawn had been laid down all around the house. The Order had
prohibited any lawn between the house and the coastal bank.
Mr Shugrue said he would speak with Mr Laine about removing the
lawn, and said he had submitted a statement previously certifying
the changes in height. The Chairman looked through the file, but
could not find any written statement about the changed height of
the house as certified by a registered engineer, as was
stipulated in the Order. Mr Shugrue agreed to send another copy.
A motion was made to withold issuance of the Certificate until
the lawn disappears. The motion was carried.
~. Other Business
a. Wauwinet House - SE~8-392 (11-17) - minor modification - catch
basin. J~~es Gay of Engineering Management Consultants was
present as agent for the applicant. Nelson Jones was present
representing the Wauwinet Landowners Association with John
Shugrue representing abutter Bruce Benedict.
Mr Gay had sent copies of the revised pipe modifications to both
the ConCom and Mr Jones for review. I~ Shugrue submitted a
letter on behalf of Bruce Benedict expressing concern over the
application and the revised pipe modifications. He said the Sw~p
might not be deep enough and the vaccuum in the gooseneck might
be broken by the present design. Henry Wasierski felt what was
being represented on the revised plans was better than what
exists now.
A motion was made to accept the changes as minor enough to not
require the filing of a Notice of Intent. A letter outlining the
details would be sent. The motion was carried.
b. Town Meeting articles - read DeRensis proposals, sign. Ben
McKel,~ay reviewed the drafts of an article to be presented this
year regarding Wetland Bylaw Amendments. Number 3, addressing
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page 16
access to private property, Donald Visco thought wasn't
consistent with the state law. Ben said he had asked Town
Counsel about that, but he wasn't sure he was aware of the
conflict.
Lee Dunn had some problems with #6 addressing Certificates of
Compliance and how it would affect Certificates of Occupancy
issued by the Building Department. Ben had spoken with John
Foskett of Town Counsel's office who said the intent of the
amendment was to aid in enforcement under the precedent set by
the "Grant Decision." There was question as to whether to model
it after the HDC Certificates of Occupancy. Glen Wills of
Nantucket Surveyors did not think this Has realistic.
After further discussion, a motion was made to approve the
Amendments with changes as noted by the Administrator. Donald
Visco opposed. The motion was carried.
c. Cliffside Beach, Inc - SE48-~99 (30-4~) - reconcile Orders. Ben
McKelway explained the differences between the DEQE and ConCom
Orders. He said the Commission needed to vote to include all
additional conditions of the DEQE Superseding Order, making the
plan entitled, "Proposed Phase Development - Cliffside Beach Club
- Nantucket" by Newman N. Ne'Yvwan, Inc - revised 10/13/88 the
operative plan. There were no apparent contradictions between
the two Orders and could essentially be treated as one.
A motion was made to modify the local Order to include the
additional conditions of the Superseding Order. The motion was
carried.
d. Winn/Stark - SE~8-272 (56-232.1) - discussion. Gary Winn was
present to request an Extension Permit even though the Order of
Conditions had expired. He gave a brief history of the project
and claimed that everything affected by the Order had been
completed, but the house was not yet finished. He said the
Order covered mainly the footprint and the septic. He apologized
for letting the Order expire, but felt if any damage were to be
done to the wetland, it would have been done by this point in the
project. He submitted the house design for ConCom review.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of January 19, 1989 Page 17
After somewhat heated discussion over exactly what the Order had
been for, a motion was made to grant a i-year Extension Permit to
expire December 26, 1989. The motion was carried.
e. Sherburne Associates - SE48-~35 (~2.2.4-1) - Straight Wharf -
minor modification. A letter from George Bassett, Director of
Marine Operations at Nantucket Boat Basin had been received
requesting a minor modification to remove and replace ~ broken
pilings in different areas on Straight Wharf near slips 31 and
32.
A motion was made to accept the modification as minor and no new
Notice of Intent would be required. The motion was carried.
f. Mass Natural Heritage and Endangered Species Program - updated
rare wetlands wildlife maps effective January 1989 have been
issued.
5. Correspondence
All correspondence received since the last meeting was summarized
and taken to be read individually at home.
6. Minutes of January 5, 1989
A motion was made to accept the minutes of January 5, 1989 as
written. The motion was carried.
There being no other business, the meeting adjourned at 11:31 PM.