HomeMy WebLinkAbout1989-02-02
,')
~"'14TUCIr,~
r:.:J)o
~o . ..~
~..~..
o ~1JI1
t- ":' - _JI. i
. ., .", .
~~~~","--i~'"
C'... -'-'ft:=..,..=-- .........'0.,
o i;j;........:;, ~. ...,
..._~ ORA1~ rt"V
.............".
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
AGENDA FOR FEBRUARY 2, 1989
A. Comments, questions from press and public
B. PUBLIC HEARINGS
1. Harbor Breeze Nom Tr - SE48-519 - Lot 24 - Polpis Rd. (26-22)
2. Quaise Pasture Nom Tr - SE48-518 - Lot 21 - Polpis Rd. (26-22)
3. W Harborfront Nom Tr - SE~8-520 - Lot 20 - Polpis Rd. (26-22)
4. Mako Nominee Trust - SE48-521 - Lot 22 - Polpis Rd. (26-22)
5. Shallow Harbor Nom Tr - SE48-517 - Lot 23 - Polpis Rd. (26-22)
6. Nant Land Council/von Summer - SE48-528 - 29 Hulbert Ave (29-23)
7. M/M Charles K. Gifford - SE48-526 - Shimmo Road (~3-180)
8. *Elliot B. Barnett - SE48-529 - 87 Baxter Road (~9-8)
C. REGULAR MEETING
1. Requests for Determination
a. *Eleanor and Robert M. Jones - Squam Road (13-31 & ~2)
b. *David & Susan Leibenhaut - 55 Madaket Road (~1-327)
c. *Peter S. Hitchcock - 42 Crooked Lane (~1-329)
2. Orders of Conditions
a. Linburg - SE48-51~ (73.1.3-11) disc - height, new plan needed
3. Certificates of Compliance
a. Laine - SE~8-396 - Eel Point (33-19.1)
~. Other Business
a. Con sue Springs -- new design for springhouse, what to do
about spring (55.1.~-15)
b. Authorize spending for pondwater testing
5. Correspondence
6. Minutes of January 19, 1989
7. Bills to be paid
8. Field Inspections - set date and time -
* denotes new application
."--,
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of February 2, 1989 Page 1
MINUTES OF FEBRUARY 2, 1989
The public hearings of February 2, 1989 were called to order at 7:3~ PM.
Members present were: Bill Willet - Chairman, Peter W. Dunwiddie, Carl
Borchert and Granville Cranston. Members absent were: Donald Visco,
Henry Wasierski and Lee Dunn. Administrator present: Ben McKelway.
Recording secretary: Marcia J. Litchfield.
A. Comments, questions from press and public. None.
B. PUBLIC HEARINGS
1. Harbor Breeze Nominee Trust - SE~8-519 - Lot 24 - Polpis Road
(26-22); 2. Quaise Pasture Nominee Trust - SE48-518 - Lot 21 -
Polpis Road (26-22); 3. W Harborfront Nominee Trust - SE~8-520 -
Lot 20 - Polpis Road (26-22); ~. Mako Nominee Trust - SE~8-521 -
Lot 22 - Polpis Road (26-22); and 5. Shallow Harbor Nominee
Trust - SE~8-517 - Lot 23 - Polpis Road (26-22). 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 (NLC) was also present.
NOTE: The following discussion applies to Lot 24:
Ms Philbrick had met recently with Lynn Zim~erman, Bill Willet
and Ben McKelway to solidify the draft Conservation/Deed
Re5tl~iction. Whaot resulted was a 3 -tiered approach: 1) 'the
applicant would be required to record a 30-year Conservation Deed
Restriction (CDR) with the Nantucket Registry of Deeds and
deliver a copy to the ConCom; 2) the provisions of the Order of
Conditions would be incorporated wi'thin the Conservation Deed
Restriction, though the Order can call for a permanent
restriction; and 3) the ConCom would act as the Grantee and be
responsible for obtaining the necessary state and local
signatures to record and effectuate another document -- a
permanent Conservation Restriction (CR) within 12 months from the
date of the Order of Conditions.
/,
~~14TUCJr~~
r:.:J~ ,.
.1-
f "P
o ~icc.\
t-\~ _ -,' I
...\~-- ~/:':~
~.. ~~","-I." It
~... -'-'ft:=..,..=-" ........'0.,
o~........~~. ,
ORA1~ rt"'"
.........".
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of February 2, 1989 Page 2
Carl Borchert said the last item put the whole burden on the
ConCom. Ms Philbrick said the applicant wanted to avoid taking
the CDR to Town Meeting because of the length of time that would
delay the project. Peter Dunwiddie did not think who held the
CDR was a major concern, and she said the applicant did not care
either, but wished the process to be as short as possible. It
would still need Board of Selectmen approval. Lynn Zi~~erman had
spoken with Chairman Skip Cabot who suggested she write to the
Board requesting their sense on whether or not they would approve
the restrictions contained in the CDR. She sympathized with the
applicant's discomfort in not knowing the outcome ahead of time.
Ben McKelway thought it would be wise if the Commission voted
tonight on who the Grantee would be. Peter Dunwiddie favored the
NLC, but asked Ben to ask the Board of Selectmen who they would
favor and if a Town Meeting vote were needed. He thought taking
the matter to Town Meeting erected a tremendous impediment to the
speed with which the CDR could be enacted. Ben explained Town
Counsel DeRensis' policy on being cautious and conservative and
wanting to see it go to Town Meeting. Attorney Ted Tillotson,
speaking as a member of the public, knew of no instance where
Conservation Restrictions (CR) have been rejected by Boards of
Selectmen in other Massachusetts towns, was wa:ry of the money it
costs the Town to be too cautious and disagreed with DeRensis'
position. Ben said DeRensis feared the title searchers could
pick up on something out of line in the future. Mr Tillotson
said the "Devines of the world" are not a threat and the NLC is
not legally able to be a Grantee for CRs because they are not a
bonafide tax exempt organization. Lynn Zirrmerman took exception
to that remark by stating the NLC certainly is a non-profit, tax
exempt conservation organization able to hold CRs, however it is
not vying with the Town for the right to enforce restrictions.
Carl Borchert thought the Board of Selectmen would certainly
endorse any CR recommended by the ConCom. Ms Philbrick said it
would put the enforcement responsibility on the Town if the
ConCom were Grantee. Chairman Bill Willet took a poll of the
ConCom members present on whether they favored the NLC holding
-,
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of February 2, 1989 Page 3
the CDR: Cranny Cranston and Peter Dunwiddie were in favor, and
Carl Borchert abstained as a director of the NLC. Bill also asked
Ms Philbrick to change the time period allowed for obtaining the
necessary state and local signatures to record and effectuate the
CDR to 2~ months instead of 12 months; she agreed to. Mr
Tillotson thought CDRs required acceptance of only the Board of
Selec~~en and a Town Meeting vote was unnecessary. He added any
one landowner out of the five can reinstate the CDR applying to
all five lots. He thought the Commission was anticipating a
problem that just wasn't a problem. Carl was worried that the
five landowners could instead all get together and decide to
subdivide again instead of reinstating the CDR.
Ms Philbrick went over the terms of the CDR, explaining Exhibits
A and B. A would go into effect immediately and then B, if
approved by the Board of Selectmen, would replace A and enact
perpetual protection of all five lots. Lynn Zimmerman differed
with her on the boundaries of the area to be protected by the CDR
in wanting an additional buffer running along the Polpis Road to
also be included in the interest of protecting public wetland
scenic views. She suggested a buffer going back in approx 150
ft. Lynn thought in light of the Polpis Road bikepath going in
over the next few years and the fact that it is partially
state-funded, that the buffer would provide a significant benefit
to the community.
Ms Philbrick said almost all of Lynn's proposed buffer was
outside ConCom jurisdiction and the property line was already 10
ft back from Polpis Road. She said a goodly portion was
protected by other means, such as zoning setbacks, and did not
find it appropriate to discuss tonight. Ben McKelway pointed out
that the ConCom has the power to negotiate with the applicant
in exchange for waivers. Ms Philbrick said the applicant was
concerned about any impacts too many restrictions could have on
the saleability of the lots, claimed there would be no impact on
~~etland scenic views and that the added buffer could complicate
the positioning of mailboxes or planting of ground covers , for
example.
~j
..........
I
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of February 2, 1989 Page ~
Peter Dunwiddie and Bill Willet agreed that the CDR was adequate
the way it was now and that give and take had been seen on both
sides. The renewal obligations of future owners were discussed,
and Ms Philbrick suggested the Certificate of Compliance could
have a maintenance condition stipulating adherence to portions of
the Order forever. Ben McKelway wanted to clarify certain
specifics of the CDR: as voted by the Commissioners present,
signs and conduit lines would be permitted, but pavement and
towers would not, and all utility lines were to be underground.
The access to Polpis Harbor via Lot 20 was discussed. The
possibility of abutters signing the CDR was proposed, but was
dismissed due to potential confusion with the titles.
Agricultural use of the properties was discussed and generally
favored, however any agricultural activity within the 100 ft
wetlands buffer zone would need to file with the ConCom. Fences
would not be restricted.
Ms Philbrick thought the ongoing policing process was good. Lynn
Zi~merman asked Peter Dunwiddie if any endangered plant species
occurred on the property. He said none that he knew of. Item
"J" of Exhibit B regarding effective date was questioned, but no
firm answer was given.
Mr Blackwell had contacted the manufacturer of the proposed
ejector pump who suggested installing a flushing connector
mid-way in the line. He had incorporated this into his revised
plan presented tonight. Regarding the bridges, Ms Coughanu...rr
stressed their ability to reduce impact and the need for filling,
adding the longest of the 3 bridges would span 16 feet and impact
730 sq ft of Bordering Vegetated Wetland. Fill would only
consist of some scraping and minor grading and therefore reduced
the need for a replication area. With regards to the detailed
wildlife assessment asked for at the last meeting, she found it
was not required for projects involving less than 5000 sq ft of
Bordering Vegetated Wetland.
Ben McKelway wanted to send this second draft CDR to Town Counsel
DeRensis for his comment. Ms Philbrick dreaded showing it to him
.')
o~ ~~14TUCJr~~
~O"p'"
~~.U\.
o _jlJli
t-;\~ ~". i
.\.l;<-~~.'.....
~.. ~~"'"- i"- It
~..... -'-'ft:=....=. .........'0 ~l
o~p''''''''''~' ~4'
ORA1~ :t"~
.........".
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of February 2, 1989 Page 5
for fear he would again suggest it go through Town Meeting.
Chairman Willet and the other members thought it would would be a
good idea. Ben agreed to send it.
NOTE: The following discussion applies to Lot 21:
Ms Coughanowr submitted a letter clarifying issues and
summarizing changes to the Notice of Intent that had been enacted
since Dec 15, 1988. One item addressed the one portion of the
lot which could be found by the Com~ission to not be significant
to the protection of the Interests defined in the Act. A
Notification of Non-significance could be issued on this portion
only and thus avoid the usual replication requirement. Carl
Borchert thought that would not be a bad idea. Her comments on
the detailed wildlife assessment were the same as outlined above
for Lot 2~. She had also added an 8-inch culvert in the final
site design to accomodate any potential overflow from the wetland
located immediately to the south.
NOTE: The following applies to all 5 lots:
A motion was made to close the hearings on all 5 lots. The
motion was carried.
6. Nantucket Land Council/von Surrmer - SE48-528 - 29 Hulbert Ave
(29-23). Tina Coughanowr of Horsley Witten Hegemann and
Architect Chris Holland were present as agents for the applicant.
The deck construction and materials to be used were discussed.
The Con-mission had no problems with the waiver from the Nantucket
Wetlands Bylaw prohibiting building on or within 50 it of a
Coastal Dune.
A 'motion was made to close the hearing and issue an Order of
Conditions. Carl Borchert abstained, but signed the Order for
purposes of bureaucratic expedition, so that four signatures
would be present on the document. The motion was carried.
7. M/M Charles K. Gifford - SE~8-526 - Shimmo Road (~3-180). Les
Smith of Daylor Consulting Group was present as agent for the
applicant. He submitted a new plan and an exhibit addressing the
10 items of additional information requested at the last meeting.
/}
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of February 2, 1989 Page 6
Peter Dunwiddie asked about access to the beach. Mr Smith said
it was likely the Giffords would eventually come before the
Commission with a Notice of Intent to build some sort of stairway
on the coastal bank, but he noted there was already an existing
footpath down to the beach there now. He suggested the Order of
Conditions could have a Special Condition requiring a new filing
should a stairway be desired in the future. Peter was concerned
that portions of the slope might be cleared anyway, and wanted
the Order to prohibit any disturbance beyond the limits of work
without filing either a Notice or Request. Mr Smith added that
the applicant favored using the extensive decks around the house
in order to minimize impact on the natural vegetation.
A motion was made to close the hearing. The motion was carried.
8. Elliot B. Barnett - SE~8-529 - 87 Baxter Road (49-8). Les Smith
of Daylor Consulting Group was present with Steve Thoreau of
Design Associates as agents for the applicant. Mr Smith said the
addition had been scaled down from what had been submitted with a
Request for Determination previously filed with the Commission.
He made reference to sheet #~, in particular.
The results of a recent field inspection were read. A motion was
made to issue a standard Order of Conditions. A letter from
Rhoda Weinman representing abutter Fred S. McRobie was read
bringing to the Com~ission's attention a potential drainage
and/or erosion problem on this and the abutter's lots. The
letter requested a continuance of the hearing. The potential
drainage problem was discussed. Carl Borchert seemed to recall a
problem of this nature here before and wanted to know exactly
what the situation was with the pipes and the sump pumps. Mr
Smith felt the problem may be germane to this application and
could be solved through some other mechanism. The motion was
wi thdra'\.;n.
A motion was made to continue the hearing at the request of an
abutter and for the drainage pipe to be drawn in on the plan.
The motion was carried.
')
~~14T~~
r:.:J~ .)>
.., .1-
!~~i
11Jl.
"'x'" ~-,. I
. '-,- ~ . I ·
~- - ~-...:.
~~.. ~~"'"- 1"- It
(\..... -'-'ft:=..,..=-- ..........'0 $
O~p..........~. ,
"'_~ ORA1~ ."~
.............".
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of February 2, 1989 Page 7
C. REGULAR MEETING
1. Requests for Determination
a. Eleanor and Robert M. Jones - Squam Road (12 - 31 & 42). Tina
Coughanowr of Horsley Witten Hegemann was present as agent with
applicant Robin Jones and ~rrs Jones. There h~d been no abutter
notification sent out for the Jan 19, 1989 meeting, so Ms
Coughanowr had changed the date of the published public notice
and sent abutter notification out for tonight's meeting. Abutter
notification was submitted tonight.
Ms Coughanowr described the site and proposed project. She said
she knew the Determination would be positive, however the main
reason for this filing was to get the ConCom's opinion on a
possible waiver. The project was in a preliminary sketch stage.
Ms Coughanowr added the buttonbush swamp having such tall trees
was one of the most extensive she had ever seen and considered it
a very important wetland.
The results of a recent field inspection were read. Mention was
made that a tool shed and another shed had been constructed
already without proper filing with the Corrmission about 3 - 5
years ago. The applicant had not recognized the ditch as a
wetland. Ms Coughanowr said they wanted to avoid destroying some
fruit trees and therefore requested a waiver from the 50-foot
setback. The trees and the room needed for the septic system
were discussed. The Commission favored a minimum 25 ft setback,
and Peter Dunwiddie didn't want the addition to be any closer to
the ditch than the 32 feet distance it is at presently.
Ms Coughanowr asked the Commission if they minded submissions
made of this nature designed to feel out the Commission's
position on particular circumstances while projects were still in
their conceptual stages. The general feeling was it was a good
idea and would prevent some mistakes from being made further
along in the building process.
,--.,
~~14TUCJr;'~
~~ ..
~ ~
~~\~.
o _jlJll
t; ~. ~ -~ ~, e. i
~-- ""'"I.....~
.......~.. ~~"'"-I'" It
,. ('..... -'-'ft:=....=-. ..........'0 ,I
if.. 0-9::..........~. ,
~....,rORA1~ :t"~"
..........",,,.
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of February 2, 1989 Page 8
A motion was made to issue a positive Determination stating the
work described in the Request, which includes all/part of the
work described in the Request, is within the Buffer Zone as
defined in the regulations, and will alter an Area Subject to
Protection Under the Act. Therefore, said work requires the
filing of a Notice of Intent. The motion was carried.
Ben McKelway asked if the Comrnission would like him to have a
policy from now on of requiring a Notice of Intent from anyone
proposing a structure within 50 feet of a resource area, since
such a structure would require a waiver under the local
regulations. The answer from the Commission was to say Notice of
Intent when a person in such a situation asks what form to file.
However, they are still welcome to start with a Request for
Determination if they prefer.
b. David and Susan Leibenhaut - 55 Madaket Road (41-327). John
Shugrue was present as agent for the applicant. Abutter
notification was received, but had been mailed out on Jan 30,
1989, later than allowed under the Bylaw. A complaint had been
called in by abutter Barbara Kates-Garnick requesting the
issuance of the Determination be delayed until the Feb 16 meeting
to allow her sufficient time to review the application.
A motion was made to delay issuance of the Determination at the
request of an abutter. The motion was carried.
c. Peter S Hitchcock - 42 Crooked Lane (~1-329). Curtis Barnes was
present as agent for the applicant. The results of a recent
field inspection were read. A motion was made to issue a
negative Determination stating the area described in the Request
is not an Area Subject to Protection Under the Act. The motion
was carried.
2. Orders of Conditions
a. Linburg - SE48-51~ - (73.1.3-11) disc - height, new plan needed.
John Shugrue was present as agent for the applicant and said he
:,,)
~~14TUCJr~~
~~~ . ~.~1-'
~~\~.
o _:lJIi
t-;r~, . -E'. i
..\~_ - ~ 1.",._,
~.. ~~"'"- /" It
~..... -'-'ft:=..,..=-- .........'0"
() ~ p........;; ~. ...#
ORA1~ rt"V
......."".
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of February 2, 1989 Page 9
disagreed with the height in the draft Order of Conditions as
written. The Order had been voted on at the Jan 19, 1989
meeting, but had not been issued yet. The HDC-approved height of
28 ft was not reflected in the Order. A motion was made to have
Ben change Special Condition #5 in the Order from "25 feet" to
"No structure may be higher than the height approved by the
Nantucket Historic District Comrnission." This would ensure that
the Order and the plans cited agreed with the plans in the ConCom
file. The motion was carried. Mr Shugrue added that there was
not a concern that the issuance of the Order had been delayed
beyond the statutory 21 days, since the applicant had alreay
waived that period at a previous meeting.
3. Certificates of Compliance
a. Laine - SE~8-396 - Eel Point (33-19.1). John Shugrue was present
as agent for the applicant. He said the lawn had been removed,
but he thought it made more sense to have a lawn out there since
the yard would get a lot of foot traffic, anyway. There was
discussion about which species would tend to do best when
replanted under these conditions and Donald Holdgate was
looking into purchasing them from cOffi~ercial growers. The staff
had previously given Mr. Holdgate a list of plant species from
which to choose. A motion was made to delay issuance of the
Certificate until successful revegetation using native plant
species suitable for the site has occurred. The motion was
carried.
~. Other Business
a. Consue Springs (55.1.~-15) - new design for springhouse, what to
do about spring. Chris Holland was present as project supervisor
and said the HDC had accepted his latest model. ne submitted a
photo of the model for ConCom review. He said he would ask Augie
Ramos to take out the pipe and see if there is still a spring
there. If so, the water will be tested. If it is drinkable, a
handpump could be installed inside the new building. The
Commission felt this was a good idea. Ben McKelway asked what
the Commission would like to do if the water is not drinkable.
Peter Dunwiddie replied, "We'll cross that bridge when we come to
it.1I
")
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of February 2, 1989 Page 10
b. Authorize spending for pondwater testing. Chairman Willet wanted
to put off discussion until Henry Wasierski could be present.
Ben McKelway said it was important not to duplicate efforts made
by Health Agent Richard Ray. There was further discussion about
what to test for and when. Peter Dunwiddie suggested the
questions to be asked are (1) what will be found, (2) when to
test, (3) what will be the potential damage or consequences if
undesireable substances are found, and (4) how much will the
t.ests cost?
Lynn Zimmerman of the Nantucket Land Council suggested it may be
a project appropriate for a graduate student to undertake to the
Commission's benefit. Ben McKelway said there is presently $2500
left in the ConCom budget to use for professional services and
added the State Pesticide Bureau had offered to help. Carl
Borchert was in favor of using the money, Peter Dunwiddie said
maybe, Cranny Cranston said if it would do some good, then do it.
Ben said all Russ Lawton of Nantucket Cranberries is legally
required to provide us with is a list of chemicals he keeps in
stock, not which ones he actually uses at any given time. Ben
felt his lack of openness in providing this infollnation does him
more harm than good in the eyes of the public.
5. Correspondence
All correspondence received since the last meeting was listed
in a sUITm1ary and t~{en to be read at home individually.
6. Minutes of January 19, 1989
A motion was made to accept the minutes as written. The motion
was carried.
There being no further business, the meeting adjourned at 10:36 PM.