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HomeMy WebLinkAbout1989-01-19 .., . j 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 " --- , I 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. ') 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. f. I"~) 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 /') 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. "'-...... "~ 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 "",) 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. () 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. /') 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. ") ~ ~~14TU.CJrt'~ r:.:J~ . f ~ o .U\ 1-" Wi . \';i, I. I ...\ ~ - h.....' ~;;...~~- .."';;...1 ..~ ... "v~ O~........;;~. , ORA1~ :t"~ ........'". 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. I , J") 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 :" 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 ") 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. OJ 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. l'} 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 ':} 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 ,.~ .' .J 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. ,~., I ./ :"~ 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.