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.