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HomeMy WebLinkAbout1989-03-02 ) Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 AGENDA FOR MARCH 2, 1989 A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC B. PUBLIC HEARINGS 1. Bruce A. Beal - 11 Hallowell Lane (30-13) 2. Barbara Charleton - 35 Baxter Road (~9.2.3-6) 3. *R Roll/M Dorian - 15 Lyford Road, Tom Nevers (92.~-86) ~. *Marion E Graham - 6~ Monomoy Road (43-63.1) C. REGULAR MEETING 1. Requests for Determination a. William H. Cassebaum - No Beach St & Lincoln Ave (42.~.1-3,42,43,71 & 72) b. *Bruce L. Watts - btwn Miacomet Ave & Miacomet Rd (67-195) 2. Orders of Conditions a. Proposed changes to Orders for 5 Polpis Road properties - SE~8-517, 518, 519, 520 & 521 (26-22) b. Elliot B. Barnett - SE~8-529 - 87 Baxter Road (49-8) c. Robert B. Lang - SE48-530 - 98 Tom Nevers Road (91-40) 3. Certificate of Compliance a. Lee Dunn - SE~8-211 - 7~ Millbrook Road (57-3) ~. Other Business a. Con sue Springs - vote to modify RFD & submit new HDC application (55.1.~-15) b. DEQE site visits scheduled: Friday, March 10, 1989 - Bloomberg - 10 AM & Reinbergs - 11:15 AM 5. Correspondence 6. Minutes of February 16, 1989 7. Bills to be paid 8. Field Inspections - Monday, March 13 at ~ PM D. EXECUTIVE SESSION - to discuss litigation * denotes new application i i " i .... ~\ , llTU~~, 0'" ~~ ~ j \:So\ \y is of _:<&'1 rs" _ -i' = :,. \ ~- 1::1 ~~..~ -;"It , "..... ~ .........'O..~ i' O~P;jR.Af€~..~~~...4' ; ......."". Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 1 MINUTES OF MARCH 2, 1989 The public hearings of March 2, 1989 were called to order at 7:33 PM. Members present were: Bill Willet - Chairman, Carl Borchert, Donald Visco, Lee Dunn, and Granville Cranston. Members absent were: Henry Wasierski and Peter W. Dunwiddie. Administrator present: Ben McKelway. Recording secretary: Marcia J. Litchfield. A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC. None. B. PUBLIC HEARINGS 1. Bruce A. Beal - 11 Hallowell Lane (30-13). Peter Williams of Daylor Consulting Group and Jennifer Shakespeare of Design Associates were present as agents for the applicant. Donald Visco abstained from the hearing because he had done work at the site. Lee Dunn, since he had abstained from the hearing at the February 16, 1989 meeting, gave the applicant the option of requesting that he continue to abstain or not tonight. The only way a quorum would be maintained would be if Lee did not abstain. Mr. Williams said the preference was for him not to abstain, and he consented. Mr Williams submitted 18 photos of the site and requested a second Amended Order of Conditions issued to a previous application under DEQE file number SE~8-~00. He went on to further discuss the shaded purple areas on the most recent plans received February 3, 1989. He explained DEQE had recommended that the recent application would seem best handled by an amendment to the outstanding Order rather than have 2 outstanding Orders on the same site. The plan to round off the deck at the NW corner of the house and replanting the old path to the beach were discussed further. Carl Borchert wanted to know the house height. Mr Williams said it would be 28 ft as measured from the mean surrounding grade. Ms Shakespeare added that the elevation of the proposed first .?TU~~ ~~~~~ ~tt ., \"P\ 0: _1~i ~.~'- ~;. : . ~~- I~! .X.. ~-:_, - l,r: I 't^... -'i'<= ~- ..'boo;: ~~ .. __ ... "V!llj: ~o~::........;;~. ~<fi rORA1~ ........ ......" Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 1 MINUTES OF MARCH 2, 1989 The public hearings of March 2, 1989 were called to order at 7:33 PM. Members present were: Bill Willet - Chairman, Carl Borchert, Donald Visco, Lee Dunn, and Granville Cranston. Members absent were: Henry Wasierski and Peter W. Dunwiddie. Administrator present: Ben McKelway. Recording secretary: Marcia J. Litchfield. A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC. None. B. PUBLIC HEARINGS 1. Bruce A. Beal - 11 Hallowell Lane (30-13). Peter Williams of Daylor Consulting Group and Jennifer Shakespeare of Design Associates were present as agents for the applicant. Donald Visco abstained from the hearing because he had done work at the site. Lee Dunn, since he had abstained from the hearing at the February 16, 1989 meeting, gave the applicant the option of requesting that he continue to abstain or not tonight. The only way a quorum would be maintained would be if Lee did not abstain. Mr. Williams said the preference was for him not to abstain, and he consented. Mr Williams submitted 18 photos of the site and requested a second Amended Order of Conditions issued to a previous application under DEQE file number SE~8-400. He went on to further discuss the shaded purple areas on the most recent plans received February 3, 1989. He explained DEQE had recommended that the recent application would seem best handled by an amendment to the outstanding Order rather than have 2 outstanding Orders on the same site. The plan to round off the deck at the NW corner of the house and replanting the old path to the beach were discussed further. Carl Borchert wanted to know the house height. Mr Williams said it would be 28 ft as measured from the mean surrounding grade. Ms Shakespeare added that the elevation of the proposed first Town of Nantucket Conservation COlnmission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 2 floor came within a few inches of the old one, the old walkway was ~ inches below the old deck, and that all plans are referenced as such. Mr Williams said the coastal bank had not been damaged by any of the activity at the site so far, nor was any damage being proposed by the changes and additions being requested in the amendment. Carl was bothered by the change in footprint by ~ feet on the north side of the house. Mr Williams said the applicant only wanted to complete the deck all the way around the corner and that the area to be replanted nearby would remain at the same grade. There was discussion about the plers and footings. Ms Shakespeare said they would be open. Ben McKelway said the Amended Order being requested seemed to conform with the original Order issued on April 22, 1987 and an Amended Order issued on May 13, 1988. A motion was made to close the hearing even though a DEQE file number had not yet been received. The motion was carried. 2. 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 submitted a letter signed and stamped by Registered Engineer Alan A. Vitukevich certifying 1) the existing foundation will remain intact and should not be disturbed by new construction, 2) imposed loads of new construction will be supported by new masonry piers and concrete footings, and 3) loads imposed on existing foundations will require underpinning. Mr Theroux said the perimeter foundation will remain the same. He illustrated his points on the board showing how the new footings will be set in behind the old ones and go deeper. Mr Williams went on to state that no new septic system upgrade will be needed since it hooks into the Town sewer line runnlng along Baxter Road. Cranny Cranston said he had viewed the site and had no problems with the plans as long as they stayed inside the envelope. 6.....~ ~ ~~14TUCJr;~.... r~.1-'~ (~ \"piS ~. \U\- 01 _:lJIi I- ... ~:. - · -~_~ - i~1 ...~.. ~~ i~1 ... "'........ ~~. - ..... ;: ,...- .. --- ..."....,~ ....o~::...........~. , ..,......,.ORA'T~ :t....~ ..........."". Town of Nantucket Conservation COlnmission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 2 floor came within a few inches of the old one, the old walkway was 4 inches below the old deck, and that all plans are referenced as such. Mr Williams said the coastal bank had not been damaged by any of the activity at the site so far, nor was any damage being proposed by the changes and additions being requested in the amendment. Carl was bothered by the change in footprint by 4 feet on the north side of the house. Mr Williams said the applicant only wanted to complete the deck all the way around the corner and that the area to be replanted nearby would remain at the same grade. There was discussion about the piers and footings. Ms Shakespeare said they would be open. Ben McKelway said the Amended Order being requested seemed to conform with the original Order issued on April 22, 1987 and an Amended Order issued on May 13, 1988. A motion was made to close the hearing even though a DEQE file number had not yet been received. The motion was carried. 2. 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 submitted a letter signed and stamped by Registered Engineer Alan A. Vitukevich certifying 1) the existing foundation will remain intact and should not be disturbed by new construction, 2) imposed loads of new construction will be supported by new masonry piers and concrete footings, and 3) loads imposed on existing foundations will require underpinning. Mr Theroux said the perimeter foundation will remain the same. He illustrated his points on the board showing how the new footings will be set in behind the old ones and go deeper. Mr Williams went on to state that no new septic system upgrade will be needed since it hooks into the Town sewer line runnlng along Baxter Road. Cranny Cranston said he had viewed the site and had no problems with the plans as long as they stayed inside the envelope. Town of Nantucket Conservation Cornmission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 3 A motion was made to close the hearing subject to any further concerns expressed by DEQE. No DEQE file number had been issued yet. Mr Williams and Mr Theroux consented for the applicant to waive the statutory 21-day period from the close of the hearing to the issuance of an Order if a DEQE file number was not received by the next meeting of March 16, 1989. The motion was carried. 3. R Roll/ M Dorian - 15 Lyford Road, Tom Nevers (92.~ - 86). Linda Heurlin was present as agent for the applicants. Abutter notification was received and accepted. Ms Heurlin described the project and said the owner wanted to plant between the house and the edge of the bluff with indigenous species like Rosa rugosa to further stabilize the area. She said the building would be snugged back up against the rear edge of the lot line as far as possible with a 10 foot setback. She referred to an old file for the lot, SE~8-175. She added the new design was lower in height than the old one. Ben McKelway said this project would require a waiver because the house would still be located within the 50 foot setback from wetlands. He asked Ms Heurlin to submit a letter requesting the walver. Carl Borchert asked about beach access. Ms Heurlin said the residents of the house will likely use a nearby staircase owned by Lawton Sargent located some 200 feet to the east of this lot. She said other residents in the area do not favor more stairways down the bluff and instead several of them have in recent years signed annual liability statements and shared maintenance costs that allow all of them to use Mr Sargent's stairway. It was suggested that the Order of Conditions could contain a statement to the effect that it would be understood that the Sargent staircase would be the main access to the beach to be used by residents at this lot. A motion was made to continue the hearing for a DEQE file number, a letter from the agent requesting a waiver and a letter from the Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 3 A motion was made to close the hearing subject to any further concerns expressed by DEQE. No DEQE file number had been issued yet. Mr Williams and Mr Theroux consented for the applicant to waive the statutory 21-day period from the close of the hearing to the issuance of an Order if a DEQE file number was not received by the next meeting of March 16, 1989. The motion was carried. 3. R Roll/ M Dorian - 15 Lyford Road, Tom Nevers (92.4 - 86). Linda Heurlin was present as agent for the applicants. Abutter notification was received and accepted. Ms Heurlin described the project and said the owner wanted to plant between the house and the edge of the bluff with indigenous species like Rosa rugosa to further stabilize the area. She said the building would be snugged back up against the rear edge of the lot line as far as possible with a 10 foot setback. She referred to an old file for the lot, SE~8-175. She added the new design was lower in height than the old one. Ben McKelway said this project would require a waiver because the house would still be located within the 50 foot setback from wetlands. He asked Ms Heurlin to submit a letter requesting the walver. Carl Borchert asked about beach access. Ms Heurlin said the residents of the house will likely use a nearby staircase owned by Lawton Sargent located some 200 feet to the east of this lot. She said other residents in the area do not favor more stairways down the bluff and instead several of them have in recent years signed annual liability statements and shared maintenance costs that allow all of them to use Mr Sargent's stairway. It was suggested that the Order of Conditions could contain a statement to the effect that it would be understood that the Sargent staircase would be the main access to the beach to be used by residents at this lot. A motion was made to continue the hearing for a DEQE file number, a letter from the agent requesting a waiver and a letter from the 6...."~ r~~14TUCJr;'~ C> ~~~ ~t_ \~~ of _;lJIi ~ "-~~i'. = . ~~~.1....# <~.. ~~","-l^ ;: ,C'..... ~...........'O",./ ~'9::..........'\). ~ rORA1~ :t"~" ...."". Town of Nantucket Conservation Commission 4 North Water Street Nantucket. Massachusetts 02554 Minutes of March 2, 1989 Page ~ Massachusetts Natural Heritage and Endangered Species Program. The motion was carried. ~. Marion E Graham - 64 Monomoy Road (~3 - 63.1). John Shugrue was present as agent for the applicant. Abutter notification was received, but had not been mailed until Feb 27, 1989 and as such was not within the statutory 5 days of mailing required by the bylaw. Mr Shugrue said the work would take place in the fall. Carl Borchert suggested the Order prohibit work between May 15 and Sept 15. Donald Visco didn't think the application was necessary since it was a reconstruction of an existing pier. There was discussion about various licenses that may be needed. Mr Shugrue said a Waterways License would be needed for the final 100 feet and an Army Corps of Engineers review may also be necessary. Ben McKelway asked Mr Shugrue about floats, lights and dredging; he said there would be none. The space between planks was discussed. A motion was made to continue the hearing for a DEQE file number and any abutter comment. The motion was carried. C. REGULAR MEETING 1. Requests for Determination a. William H. 42, 43, 71 present as project. Cassebaum - No Beach Street & Lincoln Ave (42.~.1 - 3, & 72). Tina Coughanowr of Horsley Witten Hegemann was agent for the applicant and briefly described the Abutter notification was received and accepted. She said it was mostly flat with portions that were filled In the past. She said no portion of the site had greater than 50% wetland plant species and therefore she personally would not treat it as a wetland, however she had advised the applicant to file with the ConCom to avoid any misunderstandings. She added 6.'....~ ~~~!.UCIr;~~ ~..y ~..~10\ ~~1.'~\~~ of _:lJIi ~t,,-~~i' = .,\~~.1::1 ~~.. ~~"'"- /" ;: "..... ~- ........'0 ~ ~o~::........;;li). "'~ rORAi~ it...... ........'". Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 4 Massachusetts Natural Heritage and Endangered Species Program. The motion was carried. 4. Marion E Graham - 64 Monomoy Road (43 - 63.1). John Shugrue was present as agent for the applicant. Abutter notification was received, but had not been mailed until Feb 27, 1989 and as such was not within the statutory 5 days of mailing required by the bylaw. Mr Shugrue said the work would take place in the fall. Carl Borchert suggested the Order prohibit work between May 15 and Sept 15. Donald Visco didn't think the application was necessary since it was a reconstruction of an existing pier. There was discussion about various licenses that may be needed. Mr Shugrue said a Waterways License would be needed for the final 100 feet and an Army Corps of Engineers review may also be necessary. Ben McKelway asked Mr Shugrue about floats, lights and dredging; he said there would be none. The space between planks was discussed. A motion was made to continue the hearing for a DEQE file number and any abutter comment. The motion was carried. C. REGULAR MEETING 1. Requests for Determination a. William H. 42, ~3, 71 present as project. Cassebaum - No Beach Street & Lincoln Ave (42.~.1 - 3, & 72). Tina Coughanowr of Horsley Witten Hegemann was agent for the applicant and briefly described the Abutter notification was received and accepted. She said it was mostly flat with portions that were filled in the past. She said no portion of the site had greater than 50% wetland plant species and therefore she personally would not treat it as a wetland, however she had advised the applicant to file with the ConCom to avoid any misunderstandings. She added ......~ ~~14!.ucJr;.~ ~~ ~~~.. ~ \~\ of _~lJIi t-\~ _ -i' ; . \ ~_~- ~ 1:' *"-\.. ~~ - '-~I ~"... ~ -. ..'-0;: "'-.. --- ... ~ ~ r.r.._O~~...."...:;'\). ~" ".,-_"'ORA1~ :t....~ ............,,,. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 5 it is Land Subject to Coastal Storm Flowage, but the elevations had not been surveyed for this lot. She had dug some test holes of her own and did find water at 1 foot depth in 2 of them. A motion was made to determine there may have once been wetland values on the lot at one time, but none were present any more, and to issue a negative Determination stating the area described in the Request is not an Area Subject to Protection Under the Act. It was pointed out that any floodplain precautions would be caught by the Nantucket Building Department. The motion was carried. b. Bruce L. Watts - between Miacomet Ave and Miacomet Road (67-195). Neither Mr Watts or an agent were present. A motion was made to issue a negative Determination stating the area described in the Request is not an Area Subject to Protection Under the Act. The motion was carried. 2. Orders of Conditions a. Proposed changes to Orders for 5 Polpis Road properties - SE~8-517, 518, 519, 520 & 521 (26-22). Melissa Philbrick of Vaughan, Dale & Philbrick was present as agent for the applicant and explained in a letter submitted today that the 5 Orders issued on February 22 and 23, 1989 did not contain either of the Exhibits A or B as voted. She wished to record the Orders with those Exhibits attached. In addition, she also requested minor modifications to Orders issued for Lots 21 and 2~. After further clarification about the reasons for the requests and the exact wording of the corrections to Orders for Lots 21 and 2~, a motion was made to adopt the proposed changes as minor modifications to the above-referenced Orders of Conditions and to issue to each the Exhibits A and B approved during the public hearings. The motion was carried. b. Elliot B. Barnett - SE4S-529 - 87 Baxter Road (49-S). Peter Williams of Daylor Consulting Group was present as agent for the applicant and submitted the letter requesting the waiver as .,....~ .."TUCJr. '~~ Fro ......('~ 0" ....,,1- .. f. \~~ 01 _~lJIi ~\~'- ~ ~i'. i \~~, -.1......;: ,~,.. ;..,....~....,.,=- .'1\. It. '....^... -"iL~ ..' '0 ~ [fl"'O". ." ... !J>" "1..._' ~":""""e~' ",... .,.",...rORA1~ it""" ..........."". Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 5 it is Land Subject to Coastal Storm Flowage, but the elevations had not been surveyed for this lot. She had dug some test holes of her own and did find water at 1 foot depth in 2 of them. A motion was made to determine there may have once been wetland values on the lot at one time, but none were present any more, and to issue a negative Determination stating the area described in the Request is not an Area Subject to Protection Under the Act. It was pointed out that any floodplain precautions would be caught by the Nantucket Building Department. The motion was carried. b. Bruce L. Watts - between Miacomet Ave and Miacomet Road (67-195). Neither Mr Watts or an agent were present. A motion was made to issue a negative Determination stating the area described in the Request is not an Area Subject to Protection Under the Act. The motion was carried. 2. Orders of Conditions a. Proposed changes to Orders for 5 Polpis Road properties - SE~8-517, 518, 519, 520 & 521 (26-22). Melissa Philbrick of Vaughan, Dale & Philbrick was present as agent for the applicant and explained in a letter submitted today that the 5 Orders issued on February 22 and 23, 1989 did not contain either of the Exhibits A or B as voted. She wished to record the Orders with those Exhibits attached. In addition, she also requested minor modifications to Orders issued for Lots 21 and 2~. After further clarification about the reasons for the requests and the exact wording of the corrections to Orders for Lots 21 and 2~, a motion was made to adopt the proposed changes as minor modifications to the above-referenced Orders of Conditions and to issue to each the Exhibits A and B approved during the public hearings. The motion was carried. b. Elliot B. Barnett - SE48-529 - 87 Baxter Road (49-8). Peter Williams of Daylor Consulting Group was present as agent for the applicant and submitted the letter requesting the waiver as Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 6 conditioned at the last meeting before an Order would be issued. Ben McKelway summarized a draft Order. A motion was made to issue the Order of Conditions as drafted with changes with additional Special Conditions as follows: ADDITIONAL SPECIAL CONDITIONS ELLIOT B. BARNETT DEQE FILE NUMBER SE48-529 ASSESSOR'S MAP ~9, PARCEL 8 87 BAXTER 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 Commission hereby grants the applicant a waiver from Section 2.05(B)(5) of the Wetlands Protection Regulations of the Town of Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136). Section 2.0S(B)(5) prohibits building within 50 feet of a coastal bank. However, there has been a clear and convincing showing by the applicant 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 the Bylaw. Therefore, a waiver is granted under the authority of Section 1.03(F)(1)(a) of the Wetlands Protection Regulations of the Town of Nantucket. The project is approved in accordance with the Notice of Intent and all attachments and specifications, the most recent plans cited on Form 5, the general and special conditions on Form 5, and the following additional special conditions: 3. The drainage system around the existing house shall be extended around the entire perimeter of the proposed addition, and this drainage system shall be maintained so as not to contribute to the erosion of the coastal bank. ..;"...."",l r~,..14TUCIr/!"... L~~~~-s.~.. ~tt _" \~~ olr~_:IJI'i I-\~i'. : ..\~~~.i..:l ~~\ ~~=- /A. ;: ".....~. .....,,'0,1 ~o~::........;;~. ~4' rORA1~ t....~ ........,,,. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 6 conditioned at the last meeting before an Order would be issued. Ben McKelway summarized a draft Order. A motion was made to issue the Order of Conditions as drafted with changes with additional Special Conditions as follows: ADDITIONAL SPECIAL CONDITIONS ELLIOT B. BARNETT DEQE FILE NUMBER SE~8-529 ASSESSOR'S MAP 49, PARCEL 8 87 BAXTER 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 Commission hereby grants the applicant a waiver from Section 2.05(B)(5) of the Wetlands Protection Regulations of the Town of Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136). Section 2.05(B)(5) prohibits building within 50 feet of a coastal bank. However, there has been a clear and convincing showing by the applicant 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 the Bylaw. Therefore, a waiver is granted under the authority of Section 1.03(F)(1)(a) of the Wetlands Protection Regulations of the Town of Nantucket. The project is approved in accordance with the Notice of Intent and all attachments and specifications, the most recent plans cited on Form 5, the general and special conditions on Form 5, and the following additional special conditions: 3. The drainage system around the existing house shall be extended around the entire perimeter of the proposed addition, and this drainage system shall be maintained so as not to contribute to the erosion of the coastal bank. d).......", ~,..~!.ucJrt;'~ r~ ~...-s.~~ ~~ "'"P~ ~.~\U\- 01 _:1JI1 t-~"'-~~'i' : . ., '-:=::. ... t. . ~-- ~ ......~ p,.. ~~-l^, It. ,""^"'~' ..,~~ II! ,"'0". ." " ~ ". '9 -:.......... ~. ~ ",,,'.rORAi~ ........ ..........."". Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 7 ~. Prior to any activity at the site, a line of snowfencing with haybales staked all along it shall be installed landward of the top of the coastal bank, as shown on the following plan: "Site Plan - Barnett Residence: Addition and Alterations," prepared by Design Associates and received by the Commission January 20, 1989. After these barriers 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 Con~ission members time to inspect the fence and any other siltation devices. 5. The snowfencing and haybales, erected to mitigate for any siltation which might wash into the resource area and any debris which might blow into the resource area during construction, will also serve as a limit of activity for work crews. These barriers shall remain in good repair during all phases of construction and shall not be removed until all soils are stabilized and seeded or until permission to remove them is given by the Commission. 6. 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 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. 7. Members 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 Protection Regulations and may require the submittal of any data deemed necessary by the Commission for that evaluation. "h'~ r"'14TUCJr~;'~ ~ 0" ~"~.-s. \ ~ \"'U. ~ ei -ilJll 'X" ~ -,'. · · ~_ ~"!. 1 . E ...... _ .""!Ilt ........,.. - -~=- ll\. It, ...."^... ~. ..' '0 It II! ..0'... ." " 111>" ift..' '9............. ~. ~ 'V,,'''ORA1~ ,..,'Ii ..........."". Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 7 ~. Prior to any activity at the site, a line of snowfencing with haybales staked all along it shall be installed landward of the top of the coastal bank, as shown on the following plan: "Site Plan - Barnett Residence: Addition and Alterations," prepared by Design Associates and received by the Commission January 20, 1989. After these barriers 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 Con~ission members time to inspect the fence and any other siltation devices. 5. The snowfencing and haybales, erected to mitigate for any siltation which might wash into the resource area and any debris which might blow into the resource area during construction, will also serve as a limit of activity for work crews. These barriers shall remain in good repair during all phases of construction and shall not be removed until all soils are stabilized and seeded or until permission to remove them is given by the Commission. 6. 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 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. 7. Members 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 Protection Regulations and may require the submittal of any data deemed necessary by the Commission for that evaluation. ~....~ "~~~lucJrl).'- ~~r ~~ f(. \~ \ of _tlJli t-r- ~ -i'. i . \~ ~l......~ U" - "'" /.1\, ;: ,,,.....~. .........'0,/ 1'",,-0-9 ::........~ ~. , ",,,'_rORA1~ it....... ..........",,,. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 8 8. 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. 9. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 10. 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. 11. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 12. 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. 13. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 1~. No coastal engineering structure of any kind shall be permitted on the property in the future to protect the project allowed by this Order of Conditions. UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT: The project is approved in accordance with the Notice of Intent and all attachments and specifications, the most recent plans cited on Form 5, the general and special conditions on Form 5, and the following additional special conditions: ~"....~ ,-~~14TUCIr;#""" ~~~~1-"''' fl. , , \~ ~ of _llJli to- ~'- -i- = . ~_~ I::: <~.. ~-:;,.., _ I.A..;: 'IS! co.....~. .........'0" if... 0 ~ :,-........:; ~ . ~.. ~..._,..o R Ai ~ t.....'" ........11..." Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 8 8. 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. 9. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 10. 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. 11. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 12. 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. 13. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 1~. No coastal engineering structure of any kind shall be permitted on the property in the future to protect the project allowed by this Order of Conditions. UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT: The project is approved in accordance with the Notice of Intent and all attachments and specifications, the most recent plans cited on Form 5, the general and special conditions on Form 5, and the following additional special conditions: ~&'''(j''''''1 NTUc '#~ l ~..~M...!f.f';.."~ ~ ....:-s.\ It, ,. \V;, tOi~;'J-,t1<{;.i ..... ~~7..:0...,~~:;;:~5: :.. ~ . i ,_""",~'-"'-'n_,' ;r: ~\ ~~:t;';~~~~.?'~ / ',..::: ........,.. -~"""-- -.1\.;:- ,-y"..... -?'~;;~~- .....fC ,:. ~";O... ." " ,," '''">- ~p........;, \,' ,.,." ~ ORAiw >_" ~"u....", rrOW11 of N ":t 1'1 t-. , {-'k e" t CH~...U,-, , j -, (-"on serv a ti on (' ,.. , 1"('\ 1Tl . c.:.., (, .' .,>"_h:::51,.11 Town and C"udv Budding Nantucket, ]Ila:,sacl!uscu" o'::,!A Minutes of March 2, 1989 Page 9 3. The drainage system around the existing house shall be extended around the entire perimeter of the proposed addition, and this drainage system shall be maintained so as not to contribute to the erosion of the coastal bank. 4. Prior to any activity at the site, a line of snowfencing with haybales staked all along it shall be installed landward of the top of the coastal bank, as shown on the following plan: "Site Plan - Barnett Residence: Addition and Alterations," prepared by Design Associates and received by the Commission January 20, 1989. After these barriers 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 fence and any other siltation devices. 5. The snowfencing and haybales, erected to mitigate for any siltation which might wash into the resource area and any debris which might blow into the resource area during construction, will also serve as a limit of activity for work crews. These barriers shall remain in good repair during all phases of construction and shall not be removed until all soils are stabilized and seeded or until permission to remove them is given by the Commission. 6. 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 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. 7. Members and agents of the Commission shall have the right to ~,"t8atiOl.l, ,.~p.~TUCJr~""" lr~ ........)>- ~ot. o "'\,~->";J~ if \"'P - . ''- d .V.;, 0: i'U'-!". ~t.l);l .-. . . .....( --;-'J-';' ... .. i....j~.~," "c,'<,~: .. 1; . \ ~;:@~~~~: !:: 1 'i,-A,... ;",' "c',";'"c_ :1\. ~ 'y^... ~-=::<~;:-,'-,...e :: .. \"0 .... .... "" ~" ~.' i9 ^....oo...~ \). .." -.,... rORAT.. ~.,,;. -__,nel'''' TOWfl of Nfa"yt', 1 , "-)K et 1, ,~ ~.t G ' J.. ~, C.onserv a tion (" (', ,';'") rj'll< l.:. C> -1" () 11 '-.... '-r' 1 . ~ .II _ /.... l...J ,_ Town and C,<:;d,,\' Building Nantucket, )\la"s:!(;hus(';:;:~' Minutes of March 2, 1989 Page 9 3. The drainage system around the existing house shall be extended around the entire perimeter of the proposed addition, and this drainage system shall be maintained so as not to contribute to the erosion of the coastal bank. ~. Prior to any activity at the site, a line of snowfencing with haybales staked all along it shall be installed landward of the top of the coastal bank, as shown on the following plan: "Site Plan - Barnett Residence: Addition and Alterations," prepared by Design Associates and received by the Commission January 20, 1989. After these barriers 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 fence and any other siltation devices. 5. The snowfencing and haybales, erected to mitigate for any siltation which might wash into the resource area and any debris which might blow into the resource area during construction, will also serve as a limit of activity for work crews. These barriers shall remain in good repair during all phases of construction and shall not be removed until all soils are stabilized and seeded or until permission to remove them is given by the Commission. 6. 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 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. 7. Members and agents of the Commission shall have the right to ~......."", ~~14TUCJr;' ~~~~~ If!. \~~ of _~1JI1 ~\~ .pi'. i . \ ~- - ~ : . = ,..........:;; _.."":!It ~.. ~-'-...;:,-I"':: "..... ~~ .........'0$ o..,.::........~~. ,.4' rORAi~ ........ ......."". Town of Nantucket Conservation C01TI1TIission Town and County Building Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 10 enter and inspect the premises to evaluate compliance with the conditions and performance standards stated in this Order and the Nantucket Wetlands Protection Regulations and may require the submittal of any data deemed necessary by the Commission for that evaluation. 8. 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. 9. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 10. 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. 11. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 12. 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. 13. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 14. Section 310 CMR 10.30(3) of the Wetlands Regulations, promulgated under M.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. 6.........", ~ ~~NTUCJr;~~ r~~-s....'" ~~ . is ~: 1 -A, \"fJ. ;. Ol~ _.IJI11 ~~~~:;;::~ ~:.: .\-..;~~~;. c \ -.r:-~~- .......~ ......~.. ~-~"'" l"" ~ '(".....~. .........'0,1 it., 0-9::........,;,.'\). "'~ "'",;,rORA1~ ........ .............". Town of Nantucket Conservation COlTIlTIission Town and County Building Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 10 enter and inspect the premises to evaluate compliance with the conditions and performance standards stated in this Order and the Nantucket Wetlands Protection Regulations and may require the submittal of any data deemed necessary by the Commission for that evaluation. 8. 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. 9. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 10. 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. 11. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 12. 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. 13. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 14. Section 310 CMR 10.30(3) of the Wetlands Regulations, promulgated under M.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. 6......~ ~~14TUCJr;~1t. ~~~'\1-'.. f~ ., \~\ 01 _jlJll t- ~. ~:. = . , - -~ I :! ....~ ~~ - .~{t ~~...~~- ...."" / "'... -c- .._ "v ~ ~0-9::"""";;\)' ~ rORA1~ :t"~~ ........,,,. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 11 The motion was carried. c. Robert B. Lang - SE48-530 - 98 Tom Nevers Road (91-~0). Mr Lang was present. Lee Dunn abstained as an abutter. A letter from the Massachusetts Natural Heritage and Endangered Species Program was read. Ben McKelway summarized a draft Order of Conditions and added he thought it was ironic, in light of tonight's previous discussion in the Roll/Dorian application of the communal use of the Sargent stairway further along the bluff, that there appeared to be no way the Order could stipulate shared use of this stairway. Mr Lang repeated that he was not prepared to enter into a restrictive agreement at this time, although he would not rule it out in the future. Portions of the draft Order were discussed including brushcutting beneath and beside the stairs, whether haybales were necessary at the base of the bluff during construction, and whether to require signs be posted indicating the stairs were for private use only. Donald Visco asked retorically, since when did the Commission impose the placement of specific signs in Orders? He thought there were enough signs on the Island as it was and the Commission didn't have any right to require this in an Order. Mr Lang said he would likely be posting his property and stairs anyway for liability reasons. A motion was made to accept the draft Order with changes and additional Special Conditions as follows: ADDITIONAL SPECIAL CONDITIONS ROBERT B. LANG DEQE FILE NUMBER SE48-530 ASSESSOR'S MAP 91, PARCEL ~o 98 TOM NEVERS ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT (MGL CHAP.131, SEC.40) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136) The project is approved in accordance with the Notice of Intent ...~ ~~14TUCJr;~ r~~ o '\1-'50 f \"P~ . .U\!I. 01 _:IJI~ "':~.'::: ~i. : .\~~- I:! A.. ~~ - i/\"'I \~^... ~~.- ..... ~ ,._... -.or- ... "'v~ ~i9::'''''''''''~. ,,4' rORA1~ :t"'~ ......."". Town of Nantucket Conservation Commission 4 North Water Street Nantucket. Massachusetts 02554 Minutes of March 2, 1989 Page 11 The motion was carried. c. Robert B. Lang - SE48-530 - 98 Tom Nevers Road (91-40). Mr Lang was present. Lee Dunn abstained as an abutter. A letter from the Massachusetts Natural Heritage and Endangered Species Program was read. Ben McKelway summarized a draft Order of Conditions and added he thought it was ironic, in light of tonight's previous discussion in the Roll/Dorian application of the communal use of the Sargent stairway further along the bluff, that there appeared to be no way the Order could stipulate shared use of this stairway. Mr Lang repeated that he was not prepared to enter into a restrictive agreement at this time, although he would not rule it out in the future. Portions of the draft Order were discussed including brushcutting beneath and beside the stairs, whether haybales were necessary at the base of the bluff during construction, and whether to require signs be posted indicating the stairs were for private use only. Donald Visco asked retorically, since when did the Commission impose the placement of specific signs in Orders? He thought there were enough signs on the Island as it was and the Commission didn't have any right to require this in an Order. Mr Lang said he would likely be posting his property and stairs anyway for liability reasons. A motion was made to accept the draft Order with changes and additional Special Conditions as follows: ADDITIONAL SPECIAL CONDITIONS ROBERT B. LANG DEQE FILE NUMBER SE~8-530 ASSESSOR'S MAP 91, PARCEL ~O 98 TOM NEVERS ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT (MGL CHAP.131, SEC.40) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136) The project is approved in accordance with the Notice of Intent Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 12 and all attachments and specifications, the most recent plans cited on Form 5, the general and special conditions on form 5, and the following additional special conditions: UNDER THE NANTUCKET WETLANDS BYLAW: 3. The stairway shall be used only by the owner and his guests, as recommended by the Massachusetts Natural Heritage Program. 4. No construction shall take place between April 15 and August 15, in order to minimize the disturbance to rare bird species that nest on the coastal beach. 5. No cutting of vegetation is allowed except beneath and within one foot of the stairway before or during construction and to keep brush off the stairs in the future. 6. 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. 7. The applicant, owners, successors or assignees shall be responsible for maintaining the stairway site, 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 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. 8. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 9. Used petroleum products from the maintenance of construction equipment and construction debris shall be collected and disposed ttft...~ ~ ~~~TUCJr;~ ~~~i. ~~ . "P' is ~~\U\- cl -i1Jl1 ~i"-a~" i · .\.z.-~~~/::1I ~\ ~~=--,i" ;: ... ('.....~. .........'0 $ ~~::........;;'i>. ~ rORA1~ it""'" .It"'''' Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 12 and all attachments and specifications, the most recent plans cited on Form 5, the general and special conditions on form 5, and the following additional special conditions: UNDER THE NANTUCKET WETLANDS BYLAW: 3. The stairway shall be used only by the owner and his guests, as recommended by the Massachusetts Natural Heritage Program. 4. No construction shall take place between April 15 and August 15, in order to minimize the disturbance to rare bird species that nest on the coastal beach. 5. No cutting of vegetation is allowed except beneath and within one foot of the stairway before or during construction and to keep brush off the stairs in the future. 6. 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. 7. The applicant, owners, successors or assignees shall be responsible for maintaining the stairway site, 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 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. 8. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 9. Used petroleum products from the maintenance of construction equipment and construction debris shall be collected and disposed ....~ ~~14TUCJr;""~ r~)o. () ~~... ~ '"piS ~ \U\- ~t :wi . r., ""~ I . . \ ~-'-"-' -.., "-\.. ~~ - ~^"""I ~^...~~. .......~ ~.... -- ... ,,'" ~ o~::........~~. , rORA1~ it"" ........'". Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 13 of off-site. No on-site disposal of these items is allowed. 10. 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. 11. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 12. No coastal engineering structure of any kind shall be permitted on the property in the future to protect the project allowed by this Order of Conditions. UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT: 3. The stairway shall be used only by the owner and his guests, as recommended by the Massachusetts Natural Heritage Program. 4. No construction shall take place between April 15 and August 15, in order to minimize the disturbance to rare bird species that nest on the coastal beach. 5. No cutting of vegetation is allowed except beneath and within one foot of the stairway before or during construction and to keep brush off the stairs in the future. 6. 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. 7. The applicant, owners, successors or assignees shall be responsible for maintaining the stairway site, 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 and/or off-site resource areas. It shall be the responsibility Town of Nantucket Conservation Commission 4 North Water Street Nantucket. M assach usetts 02554 Minutes of March 2, 1989 Page 13 of off-site. No on-site disposal of these items is allowed. 10. 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. 11. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 12. No coastal engineering structure of any kind shall be permitted on the property in the future to protect the project allowed by this Order of Conditions. UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT: 3. The stairway shall be used only by the owner and his guests, as recommended by the Massachusetts Natural Heritage Program. 4. No construction shall take place between April 15 and August 15, in order to minimize the disturbance to rare bird species that nest on the coastal beach. 5. No cutting of vegetation is allowed except beneath and within one foot of the stairway before or during construction and to keep brush off the stairs in the future. 6. 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. 7. The applicant, owners, successors or assignees shall be responsible for maintaining the stairway site, 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 and/or off-site resource areas. It shall be the responsibility 11ft""i"~ ~ ~~~!.U CIr;'';!,., ~r ~.1-'''' It!. \"p\ to:_~- :ce.l L . . ... ~i"'''' -~". .\~~I~E ",-\ ~~~~:,..~ ~.. ~~=- ..t:- ~ "..... ...--:=-....,........,~ O~j;........e. <:>. ~.. ~ ORAl" ..~~... .............. Town of Nantucket Conservation Comlnission Town and County Building Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 1~ of the property owner of record to see that maintenance conditions are complied with as required by this Order. 8. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 9. 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. 10. 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. 11. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 12. Section 310 CMR 10.30(3) of the Wetlands Regulations, promulgated under M.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. The motion was carried. 3. Certificates of Compliance a. Lee Dunn - SE48-211 - 74 Millbrook Road (57-3). Lee Dunn was present and abstained from the Commission's side of the discussion. He gave a history of the lot and said the as-built did not match the original plans because of at least one error in the as-built as drawn by John Shugrue. He corrected the as-built plan received on Feb 21, 1989 in the Commission's presence and initialed it. Lee added that the additions to the house were never done and therefore thought a partial Certificate would be appropriate. After brief discussion, a motion was made to issue a Certificate ~' 6....~.~ y.~14!.U c Jr;~" r~ ~.:'\ ..1-\ If \Y,: _ :~./, ~U\lt 0: . -.IJI~ t~l~..~:' : .\~~~I:E ~\ ~~~~';:; - ......~ 1l.1--.'. -, ~=- .." .. ,C'.....~. ...~.......'O $ ~'9"""''''';, \). ",0:> rORA1" ....'Ii ........,..' Town of Nantucket Conservation Commission Town and Connty Building Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 1~ of the property owner of record to see that maintenance conditions are complied with as required by this Order. 8. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 9. 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. 10. 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. 11. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 12. Section 310 CMR 10.30(3) of the Wetlands Regulations, promulgated under M.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. The motion was carried. 3. Certificates of Compliance a. Lee Dunn - SE~8-211 - 7~ Millbrook Road (57-3). Lee Dunn was present and abstained from the Commission's side of the discussion. He gave a history of the lot and said the as-built did not match the original plans because of at least one error in the as-built as drawn by John Shugrue. He corrected the as-built plan received on Feb 21, 1989 in the Commission's presence and initialed it. Lee added that the additions to the house were never done and therefore thought a partial Certificate would be appropriate. After brief discussion, a motion was made to issue a Certificate Town of Nantucket Conservation Commission 4 North Water Street Nantucket. Massachusetts 02554 Minutes of March 2, 1989 Page 15 of Compliance certifying that only the following portions of the work regulated by the above-referenced Order of Conditions had been satisfactorily completed: 1) the construction of the garage apartment, 2) the installation of a lift pump and sewer line, and 3) the expansion of the septic system. The motion was carried. ~. Other Business a. Consue Springs - vote to modify RFD & submit new HDC application (55.1.4-15). Ben McKelway submitted a memo to the Commission requesting a vote to rebuild the Con sue Springs House as designed originally, and thereby changing a recent decision to rebuild it as per an HDC-approved design by Chris Holland. He said the new structure would be 8 X 8 feet and smaller than the one previously-approved. Ben explained there might be some delays due to re-filing with the HDC and new plans needing to be drawn. A motion was made to rebuild the Con sue Springs House as it was originally designed and have Ben ask Ron DaSilva to draw up the plans. Carl Borchert thought it wouldn't be too tough to draw if scaled off the photo in the file. The motion was carried. b. DEQE site visits scheduled: Friday, March 10, 1989 - Bloomberg - 10 AM and Reinbergs - 11:15 AM. Notice to Commissioners. 5. Correspondence All correspondence received since the last meeting was summarized in a Correspondence Summary taken home to be read individually. ......~ 414TUCJr;~ ~~~-.:.~\ (~i1." - ~ i :IJI. t-;\"~ f:1 ....\ "-. - -1.1\....;: ~^... --;'t:; _. .' 1>0. ;: ~~.. ___ ... "v ~ 0-9~........~~. , rORA"~ ."~'Ii .........'". Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 15 of Compliance certifying that only the following portions of the work regulated by the above-referenced Order of Conditions had been satisfactorily completed: 1) the construction of the garage apartment, 2) the installation of a lift pump and sewer line, and 3) the expansion of the septic system. The motion was carried. 4. Other Business a. Consue Springs - vote to modify RFD & submit new HDC application (55.1.4-15). Ben McKelway submitted a memo to the Commission requesting a vote to rebuild the Con sue Springs House as designed originally, and thereby changing a recent decision to rebuild it as per an HDC-approved design by Chris Holland. He said the new structure would be 8 X 8 feet and smaller than the one previously-approved. Ben explained there might be some delays due to re-filing with the HDC and new plans needing to be drawn. A motion was made to rebuild the Consue Springs House as it was originally designed and have Ben ask Ron DaSilva to draw up the plans. Carl Borchert thought it wouldn't be too tough to draw if scaled off the photo in the file. The motion was carried. b. DEQE site visits scheduled: Friday, March 10, 1989 - Bloomberg - 10 AM and Reinbergs - 11:15 AM. Notice to Commissioners. 5. Correspondence All correspondence received since the last meeting was summarized in a Correspondence Summary taken home to be read individually. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 16 6. Minutes of February 16, 1989 A motion was made to accept the minutes of February 16, 1989 as written. The motion was carried. There being no further business, a motion was made to adjourn the Regular Meeting at 9:16 PM and to meet in Executive Session to discuss litigation. The motion was carried. 11ft......~ ~ ~~14TUCJr;~ ~~~~.. (tA " \~\ ot-ilJll t-;\-,,- '" - -,'. I \~- - I......~ ~~_.. ~-..:. - ill. ;: -,,^... -'-'ft:=~- ..' '0 ;: "'~ ... ... " ~.", o ~ "........... ~. ~ "'ORA1~ :t"~" ......."". Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of March 2, 1989 Page 16 6. Minutes of February 16, 1989 A motion was made to accept the minutes of February 16, 1989 as written. The motion was carried. There being no further business, a motion was made to adjourn the Regular Meeting at 9:16 PM and to meet in Executive Session to discuss litigation. The motion was carried.