HomeMy WebLinkAbout1989-03-02
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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
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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'~
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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.
~....~
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of _tlJli
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..........",,,.
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:
~"....~
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........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 '#~
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tOi~;'J-,t1<{;.i
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.' .,>"_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.;,
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i....j~.~," "c,'<,~: ..
1; . \ ~;:@~~~~: !:: 1
'i,-A,... ;",' "c',";'"c_ :1\. ~
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.. \"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
~......."",
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~~~~~
If!. \~~
of _~1JI1
~\~ .pi'. i
. \ ~- - ~ : . =
,..........:;; _.."":!It
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"..... ~~ .........'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......~
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f~ ., \~\
01 _jlJll
t- ~. ~:. =
. , - -~ I :!
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"'... -c- .._ "v ~
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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 . .
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"-\.. ~~ - ~^"""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
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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
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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.
......~
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.........'".
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.
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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.