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HomeMy WebLinkAbout1989-02-16 () Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 AGENDA FOR FEBRUARY 16, 1989 A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC B. PUBLIC HEARINGS 1. Elliot B. Barnett - SE48-529 - 87 Baxter Road (49-S) 2. *Robert B. Lang - SE~S-530 - 98 Tom Nevers Road (91-40) 3. *Bruce A. Beal - 11 Hallowell Lane (30-13) ~. *Barbara Charleton - 35 Baxter Road (~9.2.3-6) C. REGULAR MEETING 1. Requests for Determination a. *David & Susan Leibenhaut - 55 Madaket Road (~1-327) b. *William H. Cassebaum - No Beach st & Lincoln Ave (42.4.1-3,~2,~3,71 & 72) 2. Orders of Conditions a. Charles K. Gifford - SE~8-526 - Shimmo Road (~3-180) b. Harbor Breeze Nom Tr - SE~8-519 - Lot 2~ - Polpis Rd (26-22) c. Quaise Pasture Nom Tr - SE~8-51S - Lot 21 - Polpis Rd (26-22) d. W Harborfront Nom Tr - SE~8-520 - Lot 20 - Pol pis Rd (26-22) e. Mako Nominee Trust - SE~8-521 - Lot 22 - Polpis Rd (26-22) f. Shallow Harbor Nom Tr - SE~8-517 - Lot 23 - Polpis Rd (26-22) 3. Other Business a. Von S~~er - SE~8-528 - 29 Hulbert Ave. (29-23) - discussion b. Personnel change forms c. Donation in the memory of Ben Richmond from Bob and Nancy Abel d. DEQE site visits scheduled: Friday, March 10, 1989 - Bloomberg - 10 AM & Reinbergs - 11:15 AM ~. Correspondence 5. Minutes of February 2, 1989 6. Bills to be paid 7. Field Inspections - ~ p.m. Monday, Feb. 27 - OK? * denotes new application ~ \' /, Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 1 MINUTES OF FEBRUARY 16, 1989 The public hearings of February 16, 1989 were called to order at 7:32 PM. Members present were: Bill Willet - Chairman, Carl Borchert, Lee Dunn, Henry Wasierski and Granville Cranston. Members absent were: Donald Visco and Peter W. Dunwiddie. Administrator present: Ben McKelway. Recording secretary: Marcia J. Litchfield. A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC. 1. Charles Sayle, Sr. - on the proposed Consue Springs House. y~. Sayle was present with Joan Aguiar to comment on the ConCom's recent approval of a new design for rebuilding the House. He said, in the first place, the old one never should have been torn down. He felt its replacement should be simple and essentially like the original one and have shingles only. He said if the police are doing their job, vandalism shouldn't be a problem. Reviewing the history, Mr Sayle said the ConCom last did work on the House in 1973 - 75 when Mike Driscoll was head of the DPW. He urged the Co~~ission to put in a new bulkhead, said the willows were undermined as it is now, and described a possible bulkhead design if one was to be used. He went on to describe the water flow in and cut of the well, saying they missed the spring when they ran down the new well. Henry Wasierski agreed. Mr Sayle was upset that an oral history he had given reporter Chris Harris at the Inquirer and Mirror had never been printed. Chairman Willet invited Mr Sayle to step up to the table to review the cur~ent HDC-approved plans and model. Mr Sayle also thought a small parking area would be nice, say for 3-~ cars and with a gravel surface, located near where honeysuckle grows on the property Dear the road. Henry Wasierski agreed again, adding he thought the project could have looked better right from the beginning. Mr Sayle thought the ConCom should spend some money for a decent bulkhead. Mrs Aguiar thought the approved design would look great in any city park, but did not look like it belonged on Nantucket. J ,.. " .. ';:, Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 2 2. Carl Borchert - on groundwater. Carl wanted to bring to everyone's attention that we are in the middle of a 3-month drought and likely to encounter more drought conditions over the next several months. He said we have received only about 1/~ the normal amount of rainfall so far, and the groundwater is Nantucket's only source of water in dry years. He drew a representative general diagram of the water table on the chalkboard. He said his intent with this was to put in a plug for preserving our freshwater wetlands. B. PUBLIC HEARINGS 1. Elliot B. Barnett - SE~8-529 - 87 Baxter Road (~9-8). Peter Williams of Daylor Consulting Group and Steve Theroux of Design Associates were present as agents for the applicant. Ben McKelway reported that Rhoda Weinman representing an abutter, Fred McRobie, had called to say he wanted his view on record, but he would not be pursuing the matter any further. Cranny Cranston said he had been out to the site and found the pipe in question, but couldn't figure out where it connected. Mr Theroux explained that it connected to a series of footing drains around the perimeter of the house designed to remove naturally occurring groundwater around the house. Cranny said this was a conventional way of draining the site while putting the footings in and didn't think there would be any damage to the bar~ by keeping it in. Peter Williams said part of the pipe has holes punched in it. Someone asked if the new foundation would be less than 50 ft away from the top of the bank. Mr Williams said the existing house is 30 ft away and the addition and foundation would be ~5 ft away. Ben McKelway pointed out that this would then require a waiver from the regulations. Bill Willet and Cranny Cranston saw no problems with the ~) ~; r "} Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 3 application, but the applicant was asked to submit a request for the waiver in writing showing there would be no adverse impact on the resource area and that there would be no other way the project could proceed without it. Mr Theroux agreed to submit a letter to that effect. Henry Wasierski asked if the addition could be placed back in the driveway instead. There was no real response, except for Mr Williams' remark that the foundation perimeter would not be increased by much. Ben McKelway suggested the Order of Conditions could require the drainage system remain intact as it now exists. Discussion followed as to how and when it was put in. The agents said it will be reconnected so as to be properly functioning again. Lee Dunn asked about soil logs. Mr Williams said they did not do any borings, but that the soils present on the site consisted of a lithified layer of clay which tended to make the water back up on the lot. Lee was concerned that if the drainage system was not working properly it might add to the discharge in the area. Mr Theroux pointed out that the downspouts did not drain into this foundation perimeter drainage system, but went directly into the ground. A motion was made to close the hearing. An Order of Conditions would be issued at the next meeting conditional on receipt of the written request for the waiver. The motion was carried. 2. Robert B. Lang - SE48-530 - 98 Tom Nevers Road (91-~0). Mr Lang was present. Lee Dunn abstained from the hearing as an abutter. Abutter notification was submitted and accepted. The results of a recent field inspection were read. Ben McKelway pointed out that an Order of Conditions could not be issued until the Commission had heard from the Massachusetts Natural Heritage and Endangered Species Program or 30 days had elapsed from the date of filing. Although Ben had spoken informally with r~~ESP's wetlands wildlife biologist Steve Roble about the project, a written assessment was still forthcoming from the Program. Mr Lang proceeded to describe the proposed stairway to be ) -' "'.. "" i, Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 4 positioned in an existing gully along Tom Nevers Bluff. Chairman Willet was concerned about the general public using the stairway and asked him if he would agree to post his property to cut down on the increased use of the beach which could result. Mr Lang said absolutely yes and added that he would likely have to do so anyway for liability reasons. Bill Willet introduced the idea of Tom Nevers residents sharing stailiNays. Mr Lang said he would generally favor it and had sensed some support for it already amo~g landowners along the Bluff, but although it would seem to be a simple matter, there were numerous complications to be overcome regarding insurance and easements, for example. Ben McKelway aluded to some concerns that had surfaced during his conversation with Mr Roble over impact on Northern Harrier habitat, denial of any other future applications for cabanas, hlS desire to try to determine ahead of time how many people would be using the stairway and whether a path would be cut from the road leading into the stairway, and possible restrictions on the time of year that the stairway should be built so as to minimize disturbance to wildlife and habitat. Mr Lang said he had no problem with limiting the use to himself and his guests only, and that he would agree to build the stairway at whatever time the Program suggested. He wanted to object, however, to the design of one of the 3 existing stairways, belonging to Sargent, which in his opinion stood out on the Bluff and did not conform to the landscape at all. He wanted his own to be as inconspicuous as possible. Chaillnan Willet said the Co~mission was basically satisfied with the plans as drawn. Ben McKelway asked why the stairway was being cons~ructed before the house was. Mr Lang said he uses his property now without the house and wants to minimize erosion down the bluff path to the beach. The house plans were not firm at this point. Ben was concerned about erosion below the bottom landing where there was still some slope and people would be stepping off. A motion was made to close the hearing. The motion was carried. ) \, ''',. ;" ',J Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 5 3. Bruce A. Beal - 11 Hallowell Lane (30-13). Jennifer Shakespeare of Design Associates and Peter Williams of Daylor Consulting Group were present as agents for the applicant. Lee Dunn abstained from the hearing. Abutter notification was submitted and accepted. Ms Shakespeare gave an overall description of the project. Carl Borchert wanted to see photos of the site before construction to document existing conditions. A comparision with a previous filing on the lot was made. ~ll Williams said the footprint of the house hadn't changed. Ms Shakespeare pointed out that the applicant still wanted to put in the raised walkway over the dune. Carl was concerned about the extra ~ ft into the dune. The ConCom was generally satisfied with the walkway to the beach. A motion was made to continue the hearing for 1) photos of existing conditions, 2) the proposed site of the new stairs, and 3) a DEQE file number. Ms Shakespeare said the existing walkway had been used for 30 years. Carl Borchert didn't want to approve the project because of the flattening out or the dune to the side. He added that it wouldn't be a bad idea to require photos of existing conditions on some lots to avoid problems with revegetation in the future. Henry ~1as opposed to continuing the hearing. The motion was carried. ~. Barbara Charleton - 35 Baxter Road (~9.2.3-6). Peter Williams of Daylor Consulting Group and Steve Theroux of Design Associates were present as agents for the applicant and gave a brief description of the project. Abutter notification was submitted and accepted. The ConCom's main concern was whether the foundation would be strong enough to support the proposed second floor. The applicant was asked to submit a letter signed and stamped by an engineer certifying such. The agents agreed to do so. Five photos of the site were submitted. Chairman Willet asked about the height of the other houses in the area. Mr Theroux said they were not any lower than this one would be once the second floor was added. t , '.'/, Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 6 A motion was made to continue the hearing for the above-cited letter and a DEQE file number. The motion was carried. C. REGULAR MEETING 1. Requests for Determination a. David & Susan Leibenhaut - 55 Madaket Road (41-327). Ben McKelway reported on some concerns presented by an abutter, Barbara Kates-Garnick, who suggested building a berm along the driveway and questioned whether 1983 percolation test data was adequate now. The results of a recent field inspection were read. Carl Borchert wanted to see a new perc test and thought the applicant must have the permission of the Health Agent to use perc test data that is over 2 years old. 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 requlations, and will alter an Area Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent. A note would be added stating, "If a Notice of Intent is filed, an accompanying report of the results of a new percolation test at the site, perforrrled in the presence of Nantucket Health Agent Richard Ray or his successor, must also be submitted at that time." The motion was carried. b. William H. Cassebau~ - No. Beach Street & Lincoln Ave (42.4.1 - 3, ~2,~3,71, & 72). Arthur Reade of Reade and Alger was present as attorney for the applicant. Abutter notification was submitted and accepted. Ben McKelway said he had tried to reach Mr Reade to tell him he and Tina Coughanowr had agreed to continue the issuance of a Determination until after Peter Dunwiddie had viewed the site. Ben had wanted Mr Reade to ask Mr Cassebaum to delay his trip to the Island until the next meeting. The site had areas questionable as to whether they ) l} Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 7 could be classified as wetlands or not. Mr Reade said although he had not received Ben's message, he had assumed that and said it was OK to continue the Determination. A motion was made to continue issuance of a Determination until the meeting of March 2, 1989 with the consent of the applicant. The motion was carried. 2. Orders of Conditions a. Charles K. Gifford - SE48-526 - Shimmo Road (~3-180). Peter Williams of Daylor Consulting Group was present as agent for the applicant. Portions of a draft Order of Conditions were read. After some discussion, a motion was made to accept the draft as amended with Additional Special Conditions as follows: ADDITIONAL SPECIAL CONDITIONS MR. & MRS. CHARLES K. GIFFORD DEQE FILE NUMBER SE~8-526 ASSESSOR'S MAP ~3, PARCEL 180 SHIMMO ROAD u~DER THE MASSACHUSETTS WETLANDS PROTECTION ACT (MGL CHAP.131, SEC.~O) A~~ THE WETLANDS BYLAW OF THE TOvm OF NANTUCKET (CHAPTER 136) UNDER THE NANTUCKET WETLANDS BYLAW: The project is approved in accordance with the Notice of Intent, the booklet of additional information received by the Commission February 2, 1989 (including mitigation of impacts and schedule of construction), the most recent plans cited on Form 5, the general and special conditions on form 5, and the following addi~ional special conditions: 3. In all cases, no part of any structure, including decks, should be less than 50 feet from the top of the coastal bank as shown on the approved plan received by the Commission February 2, 1989. ) ~;. ~,'''. ,1. , Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 8 In all cases, no part of any structure, including decks, should be less than 50 feet from the edge of the freshwater wetland as shown on the same plan. ~. The house shall be no higher than ~6 feet from mean sea level at its highest ridge. 5. No coastal engineering structure, such as a bulkhead, revetment, or seawall, shall be permitted on the property at any time in the future to protect the project allowed by this Order of Conditions. 6. There shall be no disturbance of the land outside the limits of work as shown on the approved plan received by the Commission February 2, 1989, without prior application to and approval from this Commission. This includes lawns, walkways, stairways, and any other Hork. 7. There shall be no further construction between the house and the freshwater wetland. 8. No land within 25 feet of the freshwater wetland, as shown on the approved plan received by the Co~~ission February 2, 1989, shall be disturbed. 9. Prior to any activity at the site, a siltation fence at least 2 feet high shall be installed along the limit of work line as shown on the approved plan received by the Commission February 2, 1989. The installation shall be as shown in Figure ~ of the Notice cf Intent booklet received by the Commission December 29, 1988. After the siltation fence is installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for 48 hours after said notice is given, so as to allow Commission members time to inspect the fence and any other siltation devices. 10. The siltation fence, erected to mitigate for any siltation which might wash into the wetland during construction, will also serve as a limit of activity for work crews. The fence shall remain in " ) Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 9 good repair during all phases of construction, and it shall not be removed until all disturbed soils have been stabilized and seeded or until permission to remove it is given by the Commission. 11. An as--buil t plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how 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. 12. Members, employees, and agents of the COffimission shall have the right to enter and inspect the premises to evaluate compliance with 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 COffimission for that evaluation. 13. 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 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. 14. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. ) p.'"". , \'.. .J '. ,. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 10 15. 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. 16. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 17. 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. 18. This Order of Conditions shall apply to any successor in interest or successor in control of the prc,perty. UNDER THE ~~SSACHUSETTS WETLANDS PROTECTION ACT: The project is approved in accordance with the Notice of Intent, the booklet of additional information received by the Commission February 2, 1989 (including mitigation of impacts and schedule of construction), the most recent plans cited on Form 5, the general and special conditions on form 5, and the following additional special conditions: 3. Section 30(3) of the Wetlands Regulations, promulgated under G.L. c. 131, s. 40, 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. ~. There shall be no disturbance of the land outside the limits of work as shown on the approved plan received by the Commission February 2, 1989, without prior application and approval from this Commission. This includes lawns, walkways, stairways, and any other work. 5. There shall De no further construction between the house and the freshwater wetland. ) f) Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 11 6. No land within 25 feet of the freshwater wetland, as sho~1 on the approved plan received by the Commission February 2, 1989, shall be disturbed. 7. Prior to any activity at the site, a siltation fence at least 2 feet high shall be installed along the limit of work line as shown on the approved plan received by the Commission February 2, 1989. The installation shall be as shown in Figure 4 of the Notice of Intent booklet received by the Commission December 29, 1988. After the siltation fence is installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for 48 hours after said notice is given, so as to allow Co~mission members time to inspect the fence and any other siltation devices. 8. The siltation fence, erected to mitigate for any siltation which might wash into the wetland during construction, will 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 disturbed soils have been stabilized and seeded or until pel-mission to remove it is given by the COITh'TIission. 9. An as-built plan, signed and sta~ped by a registered professional engineer or land surveyor in the COITh~onwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how 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 Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions and performance standards stated in this J ~'. "J Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 12 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 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. 1~. 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 Dear 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. b. Harbor Breeze Nominee Trust - SE~8-519 - Lot 2~ - Polpis Road (26-22). Melissa Philbrick of Vaughan, Dale and Philbrick was present as agent with applicant, Randy Sharp. After lengthy discussion about a drafted Order of Conditions, a motion was made to issue an Order with Additional Special Conditions as follows: ) '--." o Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 13 ADDITIONAL SPECIAL CONDITIONS HARBOR BREEZE NOMINEE TRUST DEQE FILE NUMBER SE48-519 ASSESSOR'S MAP 26, PARCEL 22 -- LOT 24 POLPIS ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT (MGL CHAP.131, SEC.~O) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136) G~DER THE NANTUCKET WETLANDS BYLAW: The Com~ission hereby grants the applicant a waiver from Sections 3.02(B)(1), 3.03(B)(2), and 3.01(B)(3) of the Wetlands Protection Regulations of the Town of Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136). Section 3.02(B)(1) prohibits building within 50 feet of a vegetated wetland and requires a 25-foot natural undisturbed area adjacent to a vegetated wetland. Section 3.03(B)(2) requires a 25-foot natural undisturbed area adjacent to land under a water body. Section 3.01(B)(3) requires a 25-foot natural undisturbed area adjacent to an inland bank. In this case, the proposed dwelling will be less than 50 feet from a vegetated wetland and the proposed driveway will cross a vegetated wetland. Furthermore, the proposed driveway will at two points cross a stream. However, the above-referenced regulations are waived because the applicant has made a clear and convincing showing that there are no reasonable conditions or alternatives that would allow the project to proceed in compliance with the regulations and that the proposed project will not have any adverse effect upon any of the interests protected by Bylaw. Therefore, a waiver is granted under the authority of Section 1. 03 (F) ( 1) (a) of the ,\,vetlands Protection Regulations of the Town of Nantucket. 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: ;'~,,:.' 'V/"'-:~~1';;{(:: "1':-"~'\'''C~~' ' J, Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 1~ 3. CONSERVATION RESTRICTION: A. Prior to the commencement of any construction, the applicant shall cause to be recorded in the Nantucket Registry of Deeds a Conservation Deed Restriction substantially in the form attached hereto as Exhibit "A", which governs activity on those portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988, by Hart-Blackwell & Associates, Inc. -- HB-1895), I' received by the Conservation Commission January 19, 1989, and submit a copy as recorded to the Commission. ) B. The applicant and its successors or assigns shall cooperate with the Commission in connection with efforts to be made by the Commission to obtain the necessary local and state approvals for the imposition of a Conservation Restriction pursuant to Sections 31-33 of Chapter 18~ of the General Laws substantially in the form attached hereto as Exhibit "B" with respect to those restricted portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988 by Hart-Blackwell & Associates, Inc. -- HB-1895)," received by the Conservation Commission January 19, 1989. If the Commission has not obtained the necessary state and local signatures to record and effectuate the Conservation Restriction within 2~ months from the date this Order of Conditions is issued, this paragraph (3B) shall have no further force and effect. C. Whether Exhibit "B" becomes a Conservation Restriction or not, the provisions of paragraphs A and B of Exhibit "B" are incorporated herein by reference and are continuing conditions of this Order. and therefore have full force and effect, in perpetuity. These conditions shall continue beyond the issuance of a Certificate of Compliance. ~. Because of possible adverse effects on shellfish and/or wildlife, -) lJi'" " /) Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page is no fertilizer, herbicides, or any pesticide shall ever be used anywhere beyond 15 feet from the house. 5. There shall be no further subdivision of this property, except for minor lot-line reconfigurations which do not create any additional lots. 6. No dwelling shall have a ridge height of more than 2~ feet above grade. The grade shall be 12 feet above mean sea level, as shown on the final approved plan. 7. There must be a 25-foot undisturbed buffer zone on the upland side of the wetland boundary, with the exception of the two places the driveway will cross the stream and the one place it will cross a vegetated wetland. The applicant shall create 750 ~ square feet of new vegetated wetland as shown on the approved plan received February 2, 1989, by the Commission. The 25-foot undisturbed buffer zone still applies to the wetland boundary nearest the proposed house, as shown on the same approved plan. All vegetation between Polpis Road and the portion of the driveway parallel to Polpis Road shall remain undisturbed. 8. No coastal engineering structure, such as a bulkhead, revetment, or seawall, shall be permitted on the property at any time in the future to proT.ect the project allowed by this Order of Conditions. 9. Any driveway or roadway on the property shall be pervious, no wider than 12 feet, and constructed without fill, except as allowed in Special Condition # 7 above and as explained in "Supplemental Information" received by the Comlnission from Horsley Witten Hegemann, Inc. January 5, 1989, insofar as that document complies with this Order. (For example: bridges are now required, not culverts.) After construction, vegetation adjacent to the driveway will be allowed to grow back, forever undisturbed by mowing, cutting (except for trimming to maintain the 12-foot width), or excavating. No herbicide or any other chemical shall ever be applied to a driveway or roadway on the property. The bridges shall be constructed according to the sketch plan _J it"J Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 16 received by the Commission January 19, 1989, and the final approved plan received by the Commissioin February 2, 1989. The pilings of these bridges shall not be in the bank or the streambed. Prior to the onset of construction, siltation curtains will be installed immediately downstream from the construction area to contain siltation. Disturbed portions of the bank will be revegetated to maintain the physical stability of the bank. 10. The proposed septic system grinder pump shall be installed inside a standard 1,000-gallon septic tank as a safeguard against electrical or mechanical failure. The system's lift pump must be powerful enough to reliably pump sewage to the leach pit with no chance of polluting the environment. The sewer pressure line shall be buried well below the maximum frost depth (at least three feet deep) for its entire length and at least three feet beneath the stream bed. 11. Prior to any activity at the site, either a 2-foot-high siltation fence or a line of haybales shall be staked between the work area and the wetland boundary. After this siltation barrier is installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for ~8 hours after said notice is given, so as to allow Commission members time to inspect the barrier and any other siltation devices. 12. The siltation fence or haybale line, erected to mitigate for any siltation which might wash into the wetland during construction, will also serve as a limit of activity for work crews. The fence or haybale line 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. 13. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from that shown on the i.~ Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 17 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 alteration; location of structures within 100 feet of wetland; the edge of the wetland; the grade contours within the limits of work. 1~. Members, employees, and agents of the Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions and performance standards stated in this Order and the Nantucket Wetlands Regulations and may require the submittal of any data deemed necessary by the Commission for that evaluation. 15. 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 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. 16. This document, including attached Exhibits "A" and "B", shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 17. Used petroleum products from the maintenance of construction equipment, ccnstruction debris, and unused paint and paint-related products shall be collected and disposed of off-site. No on-site disposal of these items is allowed. 18. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 19. Any refuse material found on the site shall be disposed of at an ) :~;J Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 18 approved landfill and in no case will these materials be buried or disposed of in or near the area designated as wetland. 20. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 21. All conditions of this Order shall remain in effect despite any changes in local laws after the date of issue. UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT: The project is approved in accordance with the Notice of Intent, the most recent plans cited on FOllTI 5, the general and special conditions on form 5, and the following additional special conditions: 3. CONSERVATION RESTRICTION: A. Prior to the commencement of any construction, the applicant shall cause to be recorded in the Nantucket Registry of Deeds a Conservation Deed Restriction substantially in the form attached hereto as Exhibit "A", which governs activity on those portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988, by Hart-Blackwell & Associates, Inc. -- HE-189S)," received by the Conservation Commission January 19, 1989. and submit a cc;py as recorded to the ComInission. B. The applicant and its successors or assigns shall cooperate with the Commission in connection with efforts to be made by the Com~ission to obtain the necessary local and state approvals for the imposition of a Conservation Restriction pursuant to Sections 31-33 of Chapter 18~ of the General Laws substantially in the form attached hereto as Exhibit "B" with respect to those restricted portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. I -...J ~, .,~ ", Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 19 = 100 ft., September 12, 1988 by Hart-Blackwell & Associates, Inc. -- HB-1895)," received by the Conservation Commission January 19, 1989. If the Commission has not obtained the necessary state and local signatures to record and effectuate the Conservation Restriction within 24 months from the date this Order of Conditions is issued, this paragraph (3B) shall have no further force and effect. ~ C. Whether Exhibit "B" becomes a Conservation Restriction or not, the provisions of paragraphs A and B of Exhibit "B" are incorporated herein by reference and are continuing conditions of this Order, and therefore have full force and effect, in perpetuity. These conditions shall continue beyond the issuance of a Certificate of Compliance. } ~. Because of possible adverse effects on shellfish and/or wildlife, no fertilizer, herbicides, or any pesticide shall ever be used anywhere beyond 15 feet from the house. 5. There shall be no further subdivision of this property, except for minor lot-line reconfigurations which do not create any additional lots. 6. Section 30(3) of the Wetlands Regulations, promulgated under G.L. c. 131, s. 40, 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. 7. Any driveway or roadway on the property shall be pervious, no wider than 12 feet, and constructed without fill, except as allowed in Special Condition # 7 above and as explained in "Supplemental Information" received by the Commission from Horsley Witten Hegemann, Inc. January 5, 1989, insofar as that document complies with this Order. (For example: bridges are now required, not culverts.) After construction, vegetation adjacent to the driveway will be allowed to grow back, forever undisturbed by mowing, cutting (except for trimming to maintain the 12-foot width), or excavating. No herbicide or any other chemical shall ) " ., Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 20 ever be applied to a driveway or roadway on the property. The bridges shall be constructed according to the sketch plan received by the Commission January 19, 1989, and the final approved plan received by the Commissioin February 2, 1989. The pilings of these bridges shall not be in the bank or the streambed. Prior to the onset of construction, siltation curtains will be installed immediately downstream from the construction area to contain siltation. Disturbed portions of the bank will be revegetated to maintain the physical stability of the bank. 8. The proposed septic system grinder pump shall be installed inside a standard 1,000-gallon septic tank as a safeguard against electrical or mechanical failure. The system's lift p~~p must be powerful enough to reliably pump sewage to the leach pit with no chance of polluting the environment. The sewer pressure line shall be buried well below the maximum frost depth (at least three feet deep) for its entire length and at least three feet beneath the stream bed. 9. Prior to any activity at the site, either a 2-foot-high siltation fence or a line of haybales shall be staked between the work area and the wetland boundary. After this siltation barrier is installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for 48 hours after said notice is given, so as to allow Commission members time to inspect the barrier and any other siltation devices. 10. The siltation fence or haybale line, erected to mitigate for any siltation which might wash into the wetland during construction. will also serve as a limit of activity for work crews. The fence or haybale line 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 COIT~ission. 11. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a j ., ..-tP9{~~it~~'!'.. "',,'..", ) Town of' Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 21 written request for a Certificate of Compliance and shall specify how, if at all, 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 alteration; location of structures within 100 feet of wetland; the edge of the wetland; the grade contours within the limits of work. 12. Members, employees, and agents of the Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions and performance standards stated in this Order and the Nantucket Wetlands Regulations and may require the submittal of any data deemed necessary by the Commission for that evaluation. '; t 13. 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 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. 14. This document, including attached Exhibits "A" and liB", shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 15. Used petroleum products from the maintenance of construction equipment, construction debris, and unused paint and paint-related products shall be collected and disposed of off-site. No on-site disposal of these items is allowed. 16. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. ) -, " ") Town of Nantucket Conservation Commission 4 North Water Street Nantucket. Massachusetts 02554 Minutes of February 16, 1989 Page 22 17. 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. 18. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 1 19. All conditions of this Order shall remain in effect despite any changes in state laws after the date of issue. The motion was carried. c. Quaise Pasture Nominee Trust - SE48-518 - Lot 21 - Polpis Road (26-22). Melissa Philbrick of Vaughan, Dale and Philbrick was present as agent with applicant, Randy Sharp. After lengthy discussion about a drafted Order of Conditions, a motion was made to issue an Order with Additional Special Conditions as follows: UNDER THE SEC.40) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136) ADDITIONAL SPECIAL CONDITIONS QUAISE PASTURE NOMINEE TRUST DEQE FILE NUMBER SE48-518 ASSESSOR'S MAP 26, PARCEL 22 (LOT POLPIS ROAD MASSACHUSETTS WETL1L~DS PROTECTION 21) ACT (MGL CHAP.131, UNDER THE NANTUCKET WETL1L~~S BYLAW: The applicant has made a clear showing that the route of the proposed driveway, although it passes through wetland vegetation, does not play a role in the protection of interests listed in the Wetlands Protection Regulations of the Town of Nantucket. Therefore, the Commission hereby determines that this portion of the property is not significant to those interests. ) I, Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 23 Specifically, where the driveway passes through wetland vegetation, the applicant is not bound by the requirement of a 25-foot natural, undisturbed area adjacent to vegetated wetlands [Section 3.02(B)(1) of the Wetlands Protection Regulations of the Town of Nantucket]. However, an additional undisturbed buffer area has been supplied by the applicant (See final approved plan) . 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. CONSERVATION RESTRICTION: A. Prior to the commencement of any construction, the applicant shall cause to be recorded in the Nantucket Registry of Deeds a Conservation Deed Restriction substantially in the form attached hereto as Exhibit "All, which governs activity on those portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988, by Hart-Blackwell & Associates, Inc. -- HB-1895)," received by the Conservation Commission January 19, 1989. and submit a copy as recorded to the Com~ission. B. The applicant and its successors or assigns shall cooperate with the Commission in connection with efforts to be made by the Com~ission to obtain the necessary local and state approvals for the imposition of a Conservation Restriction pursuant to Sections 31-33 of Chapter 184 of the General Laws substantially in the form attached hereto as Exhibit liB" with respect to those restricted portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988 by Hart-Blackwell & Associates, Inc. -- HB-1895), II received by the Conservation Commission January 19, 1989. If the Commission has not obtained the necessary state and local signatures to record and effectuate the ", Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 2~ Conservation Restriction within 2~ months from the date this Order of Conditions is issued, this paragraph (3B) shall have no further force and effect. C. Whether Exhibit "B" becomes a Conservation Restriction or not, the provisions of paragraphs A and B of Exhibit "B" are incorporated herein by reference and are continuing conditions of this Order, and therefore have full force and effect, in perpetuity. These conditions shall continue beyond the issuance of a Certificate of Compliance. ~. Because of possible adverse effects on shellfish and/or wildlife, no fertilizer, herbicides, or any pesticides shall ever be used anywhere beyond 15 feet from the house. 5. There shall be no further subdivision of this property, except for minor lot-line reconfigurations which do not create any additional lots. 6. No dwelling shall be within 50 feet of the wetland boundary, as indicated on the final approved plan received by the Commission February 2, 1989. 7. Neither of the two dwellings shall have a ridge height of more than 26 feet above grade. The grade shall be 13 feet above mean sea level, as shown on the final approved plan. 8. Any driveway or roadway on the property shall be pervious, no wider than 12 feet, and constructed without fill. After construction, vegetation adjacent to the driveway will be allowed to grow back, forever undisturbed by mowing, cutting (except for trim~ing to maintain the 12-foot width), or excavating. A culvert at least 8 inches in diameter shall be installed to accommodate any potential overflow from the wetland located immediately to the south. No herbicide or any other chemical shall ever be applied to a driveway or roadway on the property. 9. No coastal engineering structure, such as a bulkhead, revetment, or seawall, shall be permitted on the property at any time in the ~) ii'V~!.';'~',--o' <"') Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 25 future to protect the project allowed by this Order of Conditions. 10. The proposed septic system grinder pump shall be installed inside a standard 1,OOO-gallon septic tank as a safeguard against electrical or mechanical failure. The system's lift pump must be powerful enough to reliably pump sewage to the leach pit with no chance of polluting the environment. The sewer pressure line shall be buried well below the maximum frost depth (at least three feet deep) for its entire length. 11. Prior to any activity at the site, either a 2-foot-high siltation fence or a line of haybales shall be staked between the work area and the wetland boundary. After this siltation barrier is installed, notice shall be given to the Nantucket Conservation Com~ission. No work shall begin on the site for 48 hours after said notice is given, so as to allow Commission members time to inspect the barrier and any other siltation devices. 12. The siltation fence or haybale line, erected to mitigate for any siltation which might wash into the wetland during construction, will also serve as a limit of activity for work crews. The fence or haybale line 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. 13. There must be a 25-foot undisturbed buffer zone on the upland side of the wetland boundary, as indicated on the final approved plan received February 2, 1989, by the Commission, with the exception of a portion of the driveway. 1~. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a ~Titten request for a Certificate of Compliance and shall specify how, if at all, 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 -, 1 .- ~' ' ~-::~~-tJ1;'~~'lt~'!)V$;:'ij~\.~;1;' ) Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 26 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 structures within 100 feet of wetland; the edge of the wetland; the grade contours within the limits of work. 15. Members, employees, and agents of the Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions and performance standards stated in this Order and the Nantucket Wetlands Regulations and may require the submittal of any data deemed necessary by the Commission for that evaluation. 16. 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 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. 17. This document, including attached Exhibits "A" and "B", shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 18. Used petroleum products from the maintenance of construction equipment, construction debris, and unused paint and paint-related products shall be collected and disposed of off-si~e. No on-site disposal of these items is allowed. 19. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 20. 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. ) ;) Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 27 21. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 22. All conditions of this Order shall remain in effect despite any changes in local laws after the date of issue. UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT: The applicant has made a clear showing that the route of the proposed driveway does not play a role in the protection of interests listed in the Wetlands Protection Act Regulations (310 CMR). Therefore, the Commission hereby determines that this portion of the property is not significant to those interests. The applicant is not bound by the requirement to replicate an equal area of Bordering Vegetated Wetland under 310 CMR 10.55(~). However, an additional undisturbed buffer area has been supplied by the applicant (See final approved plan, received by the Commission February 2, 1989). 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. CONSERVATION RESTRICTION: A. Prior to the commencement of any construction, the applicant shall cause to be recorded in the Nantucket Registry of Deeds a Conservation Deed Restriction substantially in the form attached hereto as Exhibit "Art, which governs activity on those portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988, by Hart-Blackwell & Associates, Inc. -- HB-1895)," received by the Conservation Commission January 19, 1989, and submit a copy as recorded to the Commission. ) J. l Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 28 ) B. The applicant and its successors or assigns shall cooperate with the Commission in connection with efforts to be made by the Commission to obtain the necessary local and state approvals for the imposition of a Conservation Restriction pursuant to Sections 31-33 of Chapter 184 of the General Laws substantially in the form attached hereto as Exhibit "B" with respect to those restricted portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988 by Hart-Blackwell & Associates, Inc. -- HB-1895)," received by the Conservation Commission January 19, 1989. If the Commission has not obtained the necessary state and local signatures to record and effectuate the Conservation Restriction within 24 months from the date this Order of Conditions is issued, this paragraph (3B) shall have no further force and effect. C. Whether Exhibit "B" becomes a Conservation Restriction or not, the provisions of paragraphs A and B of Exhibit "B" are incorporated herein by reference and are continuing conditions of this Order, and therefore have full force and effect, in perpetuity. These conditions shall continue beyond the issuance of a Certificate of Compliance. ~. Because of possible adverse effects on shellfish and/or wildlife, no fertilizer, herbicides, or any pesticides shall ever be used anywhere beyond 15 feet from the house. 5. There shall be no further subdivision of this property, except for minor lot-line reconfigurations which do not create any additional lots. 6. Any driveway or roadway on the property shall be pervious, no wider than 12 feet, and constructed without fill. After construction, vegetation adjacent to the driveway will be allowed to grow back, forever undisturbed by mowing, cutting (except for trimming to maintain the 12-foot width), or excavating. A culvert at least 8 inches in diameter shall be installed to l) Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 29 accommodate any potential overflow from the wetland located immediately to the south. No herbicide or any other chemical shall ever be applied to a driveway or roadway on the property. 7. Section 30(3) of the Wetlands Regulations, promulgated under G.L. c. 131, s. 40, 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. ,~ 8. The proposed septic system grinder pump shall be installed inside a standard 1,000-gallon septic tank as a safeguard against electrical or mechanical failure. The system's lift pump must be powerful enough to reliably pump sewage to the leach pit with no chance of polluting the environment. The sewer pressure line shall be buried well below the maximum frost depth (at least three feet deep) for its entire length. 9. Prior to any activity at the site, either a 2-foot-high siltation fence or a line of haybales shall be staked between the work area and the wetland boundary. After this siltation barrier is installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for ~8 hours after said notice is given, so as to allow Commission members time to inspect the barrier and any other siltation devices. 10. The siltation fence or haybale line, erected to mitigate for any siltation ~~hich might wash into the wetland during construction, will also serve as a limit of activity for work crews. The fence or haybale line 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 Com~ission. 11. There must be a 25-foot undisturbed buffer zone on the upland side of the wetland boundary, as indicated on the final approved plan received February 2, 1989, by the Commission, with the exception of a portion of the driveway. J " [) Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 30 12. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from 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 structures within 100 feet of wetland; the edge of the wetland; the grade contours within the limits of work. } 13. Members, employees, and agents of the Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions and perfol~ance 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. 1~. 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 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. 15. This document, including attached Exhibits "A" and "B". shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 16. 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. ,) --' ) Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 31 17. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 18. 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. 19. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 20. All conditions of this Order shall remain in effect despite any changes in state laws after the date of issue. The motion was carried. d. W Harborfront Nominee Trust - SE~8-520 - Lot 20 - Polpis Road (26-22). Melissa Philbrick of Vaughan, Dale and Philbrick was present as agent with applicant, Randy Sharp. After lengthy discussion about a drafted Order of Conditions, a motion was made to issue an Order with Additional Special Conditions as follows: ADDITIONAL SPECIAL CONDITIONS WEST HARBORFRONT NOMINEE TRUST DEQE FILE NUMBER SE48-520 ASSESSOR'S MAP 26, PARCEL 22 -- LOT 20 POLPIS ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT (MGL CHAP.131, SEC.~O) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136) UNDER THE NANTUCKET WETLANDS BYLAW: 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: " Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 32 3. CONSERVATION RESTRICTION: A. Prior to the commencement of any construction, the applicant shall cause to be recorded in the Nantucket Registry of Deeds a Conservation Deed Restriction substantially in the form attached hereto as Exhibit "A", which governs activity on those portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988, by Hart-Blackwell & Associates, Inc. -- HB-1895)," received by the Conservation Commission January 19, 1989, and submit a copy as recorded to the Commission. B. The applicant and its successors or assigns shall cooperate with the Commission in connection with efforts to be made by the Commission to obtain the necessary local and state approvals for the imposition of a Conservation Restriction pursuant to Sections 31-33 of Chapter 18~ of the General Laws substantially in the form attached hereto as Exhibit "B" with respect to those restricted portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988 by Hart-Blackwell & Associates, Inc. -- HB-1895)," received by the Conservation Commission January 19, 1989. If the Commission has not obtained the necessary state and local signatures to record and effectuate the Conservation Restriction within 2~ months from the date this Order of Conditions is issued, this paragraph (3B) shall have no further force and effect. C. Whether Exhibit "B" becomes a Conservation Restriction or not, the provisions of paragraphs A and B of Exhibit "B" are incorporated herein by reference and are continuing conditions of this Order, and therefore have full force and effect, in perpetuity. These conditions shall continue beyond the issuance of a Certificate of Compliance. ~. Because of possible adverse effects on shellfish and/or wildlife, no fertilizer, herbicide, or any pesticide shall ever be used on ~ ,:'5~"~~"f:"~:';<i:~{'-~~;.,"lltt.;*"!!:;~~.:-;o/,;\;-< Town of Nantucket } Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 33 the property, except within the approved envelope shown on the final approved plan received by the Commission December 1, 1988. 5. There shall be no further subdivision of this property, except for minor lot-line reconfigurations which do not create any additional lots. 6. No dwelling shall have a ridge height of more than 26 feet above grade. The grade shall be 20 feet above mean sea level, as shown on the final approved plan received by the Commission December 1, 1988. 7. There must be a 25-foot undisturbed buffer zone on the upland side of the wetland boundary. Any structure must be 50 feet away from the wetland boundary, as shown on the final approved plan. 8. No coastal engineering structure, such as a bulkhead, revet~ent, or seawall, shall be permitted on the property at any time in the ,future to protect the project allowed by this Order of Conditions. 9. Any driveway or roadway on the property shall be pervious, no wider than 12 feet, and constructed without fill. After construction, vegetation adjacent to the driveway will be allowed to grow back, forever undisturbed by mowing, cutting (except for trimming to maintain the 12-foot width), or excavating. No herbicide or any other chemical shall ever be applied to a driveway or roadway on the property. 10. Prior to any activity at the site, either a 2-foot-high siltation fence or a line of haybales shall be staked between the work area and the wetland boundary. After the haybales are installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for ~8 hours after said notice is given, so as to allow Co~mission members time to inspect the barrier and any other siltation devices. 11. The siltation fence or haybale line, erected to mitigate for any siltation which might wash into the wetland during construction, ) ~ (") Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 3~ will also serve as a limit of activity for work crews. The fence or haybale line 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. ') 12. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from 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 alteration; location of structures within 100 feet of wetland; the edge of the wetland; the grade contours within the limits of work. 13. Members, employees, and agents of the Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions and perforrrlance 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. 14. The applicant, owners, successors or assignees shall be responsible for maintaining all on-site drainage structures and o~tfalls, assuring the lasting integrity of vegetative cover oa the site and site activities so as to prevent erosion, siltation, sedimentation, chemical contamination or other detrimental impact to the on-site wetland and/or off-site resource areas. It shall be the responsibility of the property owner of record to see that maintenance conditions are complied with as required by this Order. 15. This document, including attached Exhibits "A" and "B", shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. -) 'I'J " Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 35 16. Used petroleum products from the maintenance of construction equipment, construction debris, and unused paint and paint-related products shall be collected and disposed of off-site. No on-site disposal of these items is allowed. 17. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 18. 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. 19. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 20. All conditions of this Order shall remain in effect despite any changes in local laws after the date of issue. UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT: 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. CONSERVATION RESTRICTION: A. Prior to the commencement of any construction, the applicant shall cause to be recorded in the Nantucket Registry of Deeds a Conservation Deed Restriction substantially in the form attached hereto as Exhibit "A", which governs activity on those portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988, by Hart-Blackwell & Associates, Inc. -- HB-1895)," received by the Conservation Commission January 19, 1989, and submit a copy as recorded to the Commission. , ,I ,. 'J Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 36 B. The applicant and its successors or assigns shall cooperate with the Commission in connection with efforts to be made by the Conwission to obtain the necessary local and state approvals for the L~position of a Conservation Restriction pursuant to Sections 31-33 of Chapter 18~ of the General Laws substantially in the form attached hereto as Exhibit "B" with respect to those restricted portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988 by Hart-Blackwell & Associates, Inc. -- HB-1895)," received by the Conservation Commission January 19, 1989. If the Commission has not obtained the necessary state and local signatures to record and effectuate the Conservation Restriction within 24 months from the date this Order of Conditions is issued, this paragraph (3B) shall have no further force and effect. C. Whether Exhibit "B" becomes a Conservation Restriction or not, the provisions of paragraphs A and B of Exhibit "B" are incorporated herein by reference and are continuing conditions of this Order, and therefore have full force and effect, in perpetuity. These conditions shall continue beyond the issuance of a Certificate of Compliance. ~. Because of possible adverse effects on shellfish and/or wildlife, no fertilizer, herbicide, or any pesticide shall ever be used on the property, except within the approved envelope shown on the final approved plan received by the Con~ission December 1, 1988. 5. There shall be no further subdivision of this property, except for minor lot-line reconfigurations which do not create any additional lots. 6. There must be a 25-foot undisturbed buffer zone on the upland side of the wetland boundary. Any structure must be 50 feet away from the wetland boundary, as shown on the final approved plan received by the Commission December 1, 1988. _.J i'J Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 37 7. Section 30(3) of the Wetlands Regulations, promulgated under G.L. c. 131, s. 40, 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. 8. Any driveway or roadway on the property shall be pervious, no wider than 12 feet, and constructed without fill. After construction, vegetation adjacent to the driveway will be allowed to grow back, forever undisturbed by mowing, cutting (except for trL~ing to maintain the 12-foot width), or excavating. No herbicide or any other chemical shall ever be applied to a driveway or roadway on the property. ) 9. Prior to any activity at the site, either a 2-foot-high siltation fence or a line of haybales shall be staked between the work area and the wetland boundary. After the haybales are installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for 48 hours after said notice is given, so as to allow Commission members time to inspect the barrier and any other siltation devices. 10. The siltation fence or haybale line, erected to mitigate for any siltation which might wash into the wetland during construction, will also serve as a limit of activity for work crews. The fence or haybale line 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. 11. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from 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 -) :"....~ ') Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 38 composition; limits of alteration; location of structures within 100 feet of wetland; the edge of the wetland; the grade contours within the limits of work. 12. Members, employees, and agents of the Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions and performance standards stated in this Order and the Nantucket Wetlands Regulations and may require the submittal of any data deemed necessary by the Commission for that evaluation. 13. 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 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. 14. This document, including attached Exhibits "A" and "B", shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 15. Used petroleum products from the maintenance of construction equipment, construction debris, and unused paint and paint-related products shall be collected and disposed of off-site. No on-site disposal of these items is allowed. 16. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 17. 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. 18. This Order of Conditions shall apply to any successor in interest ,--) ) Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 39 or successor in control of the property. 19. All conditions of this Order shall remain in effect despite any changes in state laws after the date of issue. The motion was carried. e. Mako Nominee Trust - SE~8-521 - Lot 22 - Polpis Road (26-22). Melissa Philbrick of Vaughan, Dale and Philbrick was present as agent with applicant, Randy Sharp. After lengthy discussion about a drafted Order of Conditions, a motion was made to issue an Order with Additional Special Conditions as follows: ,1 ADDITIONAL SPECIAL CONDITIONS ~AKO NOMINEE TRUST DEQE FILE NUMBER SE48-521 ASSESSOR'S ~~P 26, PARCEL 22 -- LOT 22 POLPIS ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT (MGL CHAP.131, SEC.~O) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136) UNDER THE NANTUCKET WETLANDS BYLAW: 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. CONSERVATION RESTRICTION: A. Prior to the co~mencement of any construction, the applicant shall cause to be recorded in the Nantucket Registry of Deed~ a Conservation Deed Restriction substantially in the form attached hereto as Exhibit "A", which governs activity on those portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan -.J '} Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 40 P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988, by Hart-Blackwell & Associates, Inc. -- HB-1895)," received by the Conservation Commission January 19, 1989, and submit a copy as recorded to the Commission. B. The applicant and its successors or assigns shall cooperate with the Commission in connection with efforts to be made by the Commission to obtain the necessary local and state approvals for the imposition of a Conservation Restriction pursuant to Sections 31-33 of Chapter 18~ of the General Laws substantially in the form attached hereto as Exhibit "B" with respect to those restricted portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988 by Hart-Blackwell & Associates, Inc. -- HB-1895)," received by the Conservation Corrmission January 19, 1989. If the Corrmission has not obtained the necessary state and local signatures to record and effectuate the Conservation Restriction within 2~ months from the date this Order of Conditions is issued, this paragraph (3B) shall have no further force and effect. C. vJhether Exhibit "B" becomes a Conservation Restriction or not, the provisions of paragraphs A and B of Exhibit "B" are incorporated herein by reference and are continuing conditions of this Order, and therefore have full force and effect, in perpetuity. These conditions shall continue beyond the issuance of a Certificate of Compliance. ~. Because of possible adverse effects on shellfish and/or wildlife, no fertilizer, herbicides, or any pesticide shall ever be used on the property, except within the approved envelope shown on the final approved plan received by the Commission January 5, 1989. 5. There shall be no further subdivision of this property, except for minor lot-line reconfigurations which do not create any additional lots. 6. No dwelling shall have a ridge height of more than 26 feet above ) " Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 41 grade. The grade shall be 22 feet above mean sea level, as shown on the final approved plan received by the Commission January 5, 1989. 7. There must be a 25-foot undisturbed buffer zone on the upland side of the wetland boundary. Any structure must be SO feet away from the wetland boundary, as shown on the final approved plan. 8. No coastal engineering structure, such as a bulkhead, revetment, or seawall, shall be permitted on the property at any time in the future to protect the project allowed by this Order of Conditions. 9. Any driveway or roadway on the property shall be perVlOUS, no wider than 12 feet, and constructed without fill. After construction, vegetation adjacent to the driveway will be allowed to grow back, forever undisturbed by mowing, cutting (except for trimming to maintain the 12-foot width), or excavating. No herbicide or any other chemical shall ever be applied to a driveway or roadway on the property. 10. Prior to any activity at the site, either a 2-foot-high siltation fence or a line of haybales shall be staked between the work area and the wetland boundary. After the haybales are installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for ~8 hours after said notice is given, so as to allow Commission members time to inspect the barrier and any other siltation devices. 11. The siltation fence or haybale line, erected to mitigate for any siltation which might wash into the wetland during construction, will also serve as a limit of activity for work crews. The fence or haybale line 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. 12. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, ~ II Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 42 shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from 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 alteration; location of structures within 100 feet of wetland; the edge of the wetland; the grade contours within the limits of work. 13. Members, employees, and agents of the Co~~ission shall have the right to enter and inspect the premises to evaluate compliance with 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 Conunission for that evaluation. 14. 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 detrL~ental impact to the on-site wetland and/or off-site resource areas. It shall be the responsibility of the property owner of record to see that maintenance conditions are complied with as required by this Order. 15. This document, including attached Exhibits "A" and "B", shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 16. Used petroleum products from the maintenance of construction equipment, construction debris, and unused paint and paint-related products shall be collected and disposed of off-site. No on-site disposal of these items is allowed. 17. Dust control, if required, shall be limited to water. No salts ) _.' -, Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page ~3 or other wetting agents shall be used. 18. 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. 19. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 20. All conditions of this Order shall remain in effect despite any changes in local laws after the date of issue. ~~DER THE MASSACHUSETTS WETLANDS PROTECTION ACT: 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 additionai special conditions: 3. CONSERVATION RESTRICTION: A. Prior to the commencement of any construction, the applicant shall cause to be recorded in the Nantucket Registry of Deeds a Conservation Deed Restriction substantially in the form attached hereto as Exhibit "A", which governs activity on those portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988, by Hart-Blackwell & Associates, Inc. -- HB-1895)," received by the Conservation Commission January 19, 1989, and submit a copy as recorded to the Corrmission. B. The applicant and its successors or assigns shall cooperate with the Commission in connection with efforts to be made by the Commission to obtain the necessary local and state approvals for the imposition of a Conservation Restriction pursuant to Sections 31-33 of Chapter 184 of the General Laws --) ,(, Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 4~ substantially in the form attached hereto as Exhibit "B" with respect to those restricted portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988 by Hart-Blackwell & Associates, Inc. -- HB-1895)," received by the Conservation Commission January 19, 1989. If the Commission has not obtained the necessary state and local signatures to record and effectuate the Conservation Restriction within 2~ months from the date this Order of Conditions is issued, this paragraph (3B) shall have no further force and effect. C. Whether Exhibit "B" becomes a Conservation Restriction or not, the provisions of paragraphs A and B of Exhibit "B" are incorporated herein by reference and are continuing conditions of this Order, and therefore have full force and effect, in perpetuity. These conditions shall continue beyond the issuance of a Certificate of Compliance. ~. Because of possible adverse effects on shellfish and/or wildlife, no fertilizer, herbicides, or any pesticide shall ever be used on the property, except within the approved envelope shown on the final approved plan received by the Commission January 5, 1989. 5. There shall be no further subdivision of this property, except for minor lot-line reconfigurations which do not create any additional lots. 6. There must be a 25-root undisturbed buffer zone on the upland side of the wetland boundary. Any structure must be SO feet away from the wetland boundary, as shown on the final approved plan received by the Co~mission January 5, 1989. 7. 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. --) '" } Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 45 8. Any driveway or roadway on the property shall be pervious, no wider than 12 feet, and constructed without fill. After construction, vegetation adjacent to the driveway will be allowed to grow back, forever undisturbed by mowing, cutting (except for trimming to maintain the 12-foot width), or excavating. No herbicide or any other chemical shall ever be applied to a driveway or roadway on the property. 9. Prior to any activity at the site, either a 2-foot-high siltation fence or a line of haybales shall be staked between the work area and the wetland boundary. Arter the haybales are installed, notice shall be given to the Nantucket Conservation Co~~ission. No work shall begin on the site for ~8 hours after said notice lS given, so as to allow Commission members tL~e to inspect the Darrier and any other siltation devices. 10. The siltation fence or haybale line, erected to mitigate for any siltation which might wash into the wetland during construction, will also serve as a limit of activity for work crews. The fence or haybale line 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. 11. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from 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; lecation of other drainage structures and their composition; limits of alteration; location of structures within 100 feet of wetland; the edge of the wetland; the grade contours within the limits of work. 12. Members, employees, and agents of the Co~~ission shall have the right to enter and inspect the premises to evaluate compliance '~J Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page ~6 with 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. 13. 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 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. 14. This document, including attached Exhibits "A" and "B", shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 15. Used petroleum products from the maintenance of construction equipment, construction debris, and unused paint and paint-related products shall be collected and disposed of off-site. No on-site disposal of these items is allowed. 16. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 17. Any refuse material found on the site shall be disposed of at an approveQ landfill and in no case will these materials be buried or disposed of in or near the area designated as wetland. 18. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 19. All conditions of this Order shall remain in effect despite any changes in state laws after the date of issue. The motion was carried. _J ;.,., } Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page ~7 f. 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. After lengthy discussion about a drafted Order of Conditions, a motion was made to issue an Order with Additional Special Conditions as follows: ADDITIONAL SPECIAL CONDITIONS SHALLOW HARBOR NOMINEE TRUST DEQE FILE NUMBER SE48-517 ASSESSOR'S MAP 26, PARCEL 22 -- LOT 23 POLPIS ROAD UNDER THE I~SSACHUSETTS WETLANDS PROTECTION ACT (MGL CHAP.131, SEC.40) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136) UNDER THE NANTUCKET WETLANDS BYLAW: 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. CONSERVATION RESTRICTION: A. Prior to the commencement of any construction, the applicant shall cause to be recorded in the Nantucket Registry of Deeds a Conservation Deed Restriction substantially in the form attached heret.o as Exhibit "AI!, which governs activity on those portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988, by Hart-Blackwell & Associates, Inc. -- HB-189S)," received by the Conservation Commission January 19. 1989, and submit a copy as recorded to the Corrrnission. B. The applicant and its successors or assigns shall -) fI', J Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page ~8 cooperate with the Commission in connection with efforts to be made by the Commission to obtain the necessary local and state approvals for the imposition of a Conservation Restriction pursuant to Sections 31-33 of Chapter 18~ of the General Laws substantially in the form attached hereto as Exhibit "B" with respect to those restricted portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988 by Hart-Blackwell & Associates, Inc. -- HB-1895)," received by the Conservation Commission January 19, 1989. If the Commission has not obtained the necessary state and local signatures to record and effectuate the Conservation Restriction within 24 months from the date this Order of Conditions is issued, this paragraph (3B) shall have no further force and effect. C. 'irJhether Exhibit "B" becomes a Conservation Restriction or not, the provisions of paragraphs A and B of Exhibit "B" are incorporated herein by reference and are continuing conditions of this Order, and therefore have full force and effect, in perpetuity. These conditions shall continue beyond the issuance of a Certificate of Compliance. 4. Because of possible adverse effects on shellfish and/or wildlife, no fertilizer, herbicide, or any pesticide shall ever be used on the property, except within the approved envelope shown on ~he final approved plan received by the Commission January 5, 1989. 5. There shall be no further subdivision of this property, except for miner lot-line reconfigurations which do not create any additional lots. 6. No dwelling shall have a ridge height of more than 26 feet above grade. The grade shall be 21 feet above mean sea level, as shown on the final approved plan received by the Co~~ission January 5, 1989. 7. There must be a 25-foot undisturbed buffer zone on the upland side of the wetland boundary. Any structure must be 50 feet away ':', Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page ~9 from the wetland boundary, as shown on the final approved plan. 8. No coastal engineering structure, such as a bulkhead, revetment, or seawall, shall be permitted on the property at any time in the future to protect the project allowed by this Order of Conditions. 9. Any driveway or roadway on the property shall be pervious, no wider than 12 feet, and constructed without fill. After construction, vegetation adjacent to the driveway will be allowed to gro'~ back, forever undisturbed by mowing, cutting (except for trirrming to maintain the 12-foot width), or excavating. No herbicide or any other chemical shall ever be applied to a driveHay or roadvlay on the property. 10. Prior to any activity at the site, either a 2-foot-high siltation fence or a line of haybales shall be staked between the work area and the wetland boundary. After the haybales are installed, notice shall be given to the Nantucket Conservation Com~ission. No work shall begin on the site for 48 hours after said notice is given, so as to allow Commission members time to inspect the barrier and any other siltation devices. 11. The siltation fence or haybale line, erected to mitigate for any siltation which might wash into the wetland during construction, will also serve as a limit of activity for work crews. The fence or haybale line 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. 12. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from 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 ) 'J' ') Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page SO and composition; location of other drainage structures and their composition; limits of alteration; location of structures within 100 feet of wetland; the edge of the wetland; the grade contours within the limits of work. 13. Members, employees, and agents of the Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions and performance standards stated in this Order and the Nantucket Wetlands Regulations and may require the submittal of any data deemed necessary by the Commission for that evaluation. 1~. 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 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. 15. This document, including attached Exhibits "A" and "B", shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 16. Used petroleTh~ products from the maintenance of construction equipment, construction debris, and unused paint and paint-related products shall be collected and disposed of off-site. No on-site disposal of these items is allowed. 17. Dust control, lr required, shall be limited to water. No salts or other wetting agents shall be used. 18. 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. /J Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 51 19. This Order of Conditions shall apply to any successor In interest or successor in control of the property. 20. All conditions of this Order shall remain in effect despite any changes in local laws after the date of issue. !. UNDER THE ~mSSACHUSETTS WETLANDS PROTECTION ACT: 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 fO~1TI 5, and the following additional special conditions: 3. CONSERVATION RESTRICTION: A. Prior to the commencement of any construction, the applicant shall cause to be recorded in the Nantucket Registry of Deeds a Conservation Deed Restriction substantially in the form attached hereto as Exhibit "A", which governs activity on those portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988, by Hart-Blackwell & Associates, Inc. -- HB-1895)," received by the Conservation Com~ission January 19, 1989, and submit a copy as recorded to the Com~ission. B. The applicant and its successors or assigns shall cooperate with the Commission in connection with efforts to be made by the Corrmission to obtain the necessary local and state approvals for the imposition of a Conservation Restriction pursuant to Sections 31-33 cf Chapter 18~ of the General LaT..ls substantially in the form attached hereto as Exhibit "B" with respect to those restricted portions of the property designated by stripes on the plan entitled "Plan of Land in Nantucket, Mass., As Prepared for Alan P. Jr. & Sarah Mills - Scale 1 in. = 100 ft., September 12, 1988 by Hart-Blackwell & Associates, Inc. -- HB-1895)," received by the Conservation Commission .) '"-- '~ Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 52 January 19, 1989. If the Commission has not obtained the necessary state and local signatures to record and effectuate the Conservation Restriction within 24 months from the date this Order of Conditions is issued, this paragraph (3B) shall have no further force and effect. C. Whether Exhibit "B" becomes a Conservation Restriction or not, the provisions of paragraphs A and B of Exhibit "B" are incorporated herein by reference and are continuing conditions of this Order, and therefore have full force and effect, in perpetuity. These conditions shall continue beyond the issuance of a Certificate of Compliance. 4. Because of possible adverse effects on shellfish and/or wildlife, no fertilizer, herbicide, or any pesticide shall ever be used on the property, except within the approved envelope shown on the final approved plan received by the Commission January 5, 1989. 5. There shall be no further subdivision of this property, except for minor lot-line reconfigurations which do not create any additional lots. 6. There must be a 25-foot undisturbed buffer zone on the upland side of the wetland boundary. Any structure must be SO feet away from the wetland boundary, as shown on the final approved plan received by the Comn1ission January 5, 1989. 7. 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. 8. Any driveway or roadway on the property shall be pervious, no wider than 12 feet, and constructed without fill. After constrJction, vegetation adjacent to the driveway will be allowed to grow back, forever undisturbed by mowing, cutting (except for trimming to maintain the 12-foot width), or excavating. No herbicide or any other chemical shall ever be applied to a ", ) Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 53 driveway or roadway on the property. 9. Prior to any activity at the site, either a 2-foot-high siltation fence or a line of haybales shall be staked between the work area and the wetland boundary. After the haybales are installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for 48 hours after said notice is given, so as to allow Commission members time to inspect the barrier and any other siltation devices. 10. The siltation fence or haybale line, erected to mitigate for any siltation which might wash into the wetland during construction, will also serve as a limit of activity for work crews. The fence or haybale line 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 Co~~ission. 11. An as-built plan, signed and st~~ped by a registered professional engineer or land surveyor in the Com~onwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from 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 alteration; location of structures within 100 feet of wetland; the edge of the wetland; the grade contours within the limits of work. 12. Members, employees, and agents of the Com~ission shall have the right to enter and inspect the premises to evaluate compliance with 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 Com~ission for that evaluation. 13. The applicant, owners, successors or assignees shall be ~J ,. ') Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 5~ 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 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. 14. This document, including attached Exhibits "A" and "B", shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 15. Used petrole~~ products from the maintenance of construction equipment, construction debris, and unused paint and paint-related products shall be collected and disposed of off-site. No on-site disposal of these items is allowed. 16. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 17. 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. 18. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 19. All conditions of this Order shall remain in effect despite any changes in state laws after the date of issue. The motion was carried. 3. Other Business a. Von Summer - SE48-528 - 29 Hulbert Ave (29-23) - discussion. Chris Holland was present as agent for the applicant. Ben McKelway had delayed issuance of the Order of Conditions, that ) ~~ 'l~. -, Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of February 16, 1989 Page 55 had been voted on at the last meeting, because a plan showing the existing and proposed contour lines had not yet been received from agent Tina Coughanowr. Ben proposed adding an extra Special Condition written by Ms Coughanowr stating, "Any grading changes or placement of fill shall be limited to the landward portion of the site (landward of 'Rear of Dune' as noted on site plan). No work shall take place on or adjacent to the Coastal Dune to the west of the house except as noted on the Site Plan and in the Site and vJork Description." A motion was made to accept the extra Condition as read. Mr Holland stated there would be no overflow to the adjacent properties. The motion was carried. b. Personnel change fOl~S. A form was signed tonight authorizing after the fact a cost of living increase for Ben McKelway which took effect July 1, 1988. Ben explained it has been understood by most departments that such increases are always automatic and that the change forms, even though submitted, are simply a formality. Last June, he had accidentally forgotten to submit the form one month in advance, as is requested by the Personnel Board, but remembered in time to submit it on June 27, 1988 and had signed it himself. He thought there would be no problem, since such increases are believed to be automatic. Recently Town Treasurer Joan Coffin challenged the fact that his form had not been signed by the Commission, so the form was submitted for their signatures at tonight's meeting. A change form for Marcia Litchfield was also signed authorizing a routine anniversary date step increase from step ~ to step 5. c. Donation in the memory of Ben Richmond from Bob and Nancy Abel. A letter and donation in the amount of $25.00 had been received as a contribution to the Conservaticn Comrnission, given in the memory of Ben Rich~ond. It was decided to send a thank-you letter to the Abels with a copy to Mrs. Richmond on India Street. d. DEQE site visits scheduled: Friday, March 10, 1989 - Bloo~berg at 10 AM and Reinbergs at 11:15 AM. Notice to all Commissioners. I I 'J ~ '-) 4 North Water Street Nantucket, Massachusetts 02554 4. Correspondence Town of Nantucket Conservation Commission Minutes of February 16, 1989 Page 56 All correspondence received since the last meeting was summarized and taken home to be read individually. 5. Minutes of February 2, 1989 A motion was made to accept the minutes of February 2, 1989 as written. The motion was carried. There being no further business, the meeting adjourned at 10:39 PM.