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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.