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Home My WebLink About1989-06-01 ~:fr"u~ Lo~~ 1ft . ~\"P~ t .~.U\~ 0; -ilJl~ ~ ~. _. .J ~,.:: . ,-~~ -'!. I . · ",~~,:~,,,,., 'A," -..... .~- 1.." '" 'r^, -'-'ft:=~- -..' '0 :' ~^.... ." '" "," V~" .......... ~. ~ "ORA1~....~ ......" Town of Nantucket Conservation Commission 4 North Water Street Nantucket. Massachusetts 02554 AGENDA FOR JUNE 1, 1989 A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC B. REGULAR MEETING 1. Certificates of Compliance a. Dupont (Hollings) - SE~8-460 - (73.2.~ - 12) 2. Orders of Conditions a. Stephen J. Kotalac - SE~8-536 - 8 Wamasquid Place (56-113.5) b. Gifford/McKechnie - SE~8-5~5 - 19 Kimball Avenue (30-29) 3. Other Business a. Woodbury Lane R.T. - SE~8-312 (41-5~3) - minor mod. b. Sam Stark - Det. - 7 Paradise Drive (56-314) - mlnor mod. c. Robert M. Kaye - SE~8-305 - Topgale Lane (27-7) - discussion d. Monomoy Harbor R.T. - SE~8-465 (~3-111) - replication plans e. Alan Costa - SE48-52 (67-49) discussion f. Possible raise in RFD fees - hold hearing to amend local regs? g. Barbara Charleton - SE~8-537 (~9.2.3-6) - minor modification h. Sharp/Kilvert - SE48-519 (26-22) - minor modifications l. Personnel change forms J. Taylor settlement agreement needs three more signatures k. Tom King, representing Linda Loring - special request ~. Correspondence -- See request from Paul DeRensis 5. Minutes of May 11, 1989 6. Bills to be paid 7. Field Inspections - Monday, June 5, at ~ PM ~~ ~tUI ~I; II/I. M- "~ ~~l4TUCJr~~ C]~ )- v .-s. f~~- of '1JI1 t:\'i - .~J.'. i .\-lro-~ ... ~~_.. ..s~-I..;t'i ''(-... -'-'ft:=--'='"- ~ '0 '" O~"'''''i. ~."'~" "'ORA1"" v.~ ........... Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of June 1, 1989 Page 1 MINUTES OF JUNE 1, 1989 The meeting was convened at ~:OS p.m. in the Selectmen's Hearing Room of the Town and County Building. Present: Commissioners Carl Borchert, Granville Cranston, Peter Dunwiddie, and William Willet and Administrator Ben McKelway. A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC none. B. REGULAR MEETING 1. Certificates of Compliance a. Dupont (Hollings) - SE48-~60 - (73.2.~ - 12) Ben McKelway explained that the regulations require him to send a letter to Beau Wilson to say what the Commissioners told him at the recent field visit: no Certificate until the area has been revegetated. The Commission confirmed this decision. 2. Orders of Conditions a. Stephen J. Kotalac - SE~8-536 - 8 Wamasquid Place (56-113.S) Ben said Kotalac told him Hart & Blackwell is working on the final plan we need before the Order can be issued, and that Health Inspector Richard Ray had required a change in the septic system too. He said Kotalac is not in a hurry to get the Order, but expects the plan to be ready in time for the June 8th meeting. b. Gifford/McKechnie - SE~8-5~5 - 19 Kimball Avenue (30-29) Michael O'Mara was present for the applicant. He asked what Additional Special Conditions 1 and 2 were, and Ben explained. The Commission ~1ended the draft Order to make it clear that the stairway is exempt from the SO-foot setback from the coastal bank. The Order was approved as amended. 3. Other Business a. Woodbury Lane R.T. - SE48-312 (~1-5~3) - minor mod. Responding to the Comn1ission's requests, Renee Ceely reported that the reason for the ongoing testing of water in a stormdrain near the project was to rninimize eutrophication in Lily Pond. To the best of her knowledge, the only reason for choosing the Liberty Street drain for those tests was that it was the only drain present at the time the Order of Conditions was issued. This was the answer she got when she. checked with Robert Daylor, the consultant for the application, she said. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minubes of June 1, 1989 Page 2 Ben refreshed the Commissioners' memory as to the Order and the recent water tests in the Liberty Street drain. The Order requires that some action be taken by the applicant if and when the concentration of a pollutant is more than 25 percent above baseline levels in the drain. Over the past year, the tests results have shown such high levels for colliform bacteria, nitrates, and toluene, a solvent found in paint thinner. The Commissioners agreed with Ceely that the Liberty Street drain is not the best drain to test now because it receives runoff from only one Woodbury Lane lot. They voted to allow the substitution of other drains as"a minor modification to the Order. Specifically, they required that all future sampling be done at .the exit drain catch basin in the detention basin and at a road runoff drain at the bottom of the hill (CB11 or CB12). Two drains must be tested each time. When all but one are dry, the second drain tested should be the Liberty Street drain. Ben asked Ceely why land in the subdivision that is protected with a conservation restriction is mowed every year. He said an abutter complained recently about such mowing. Ceely said the company has .the legal right to mow, but Ben asked the question again, aside from the legality of it. Before Ceely answered, Carl Borchert said the mowing helps the company sell -the lots. Peter Dunwiddie asked if any wetlands were mowed, and Ceely said no. b. Sam Stark - Det. - 7 Paradise Drive (56-314) - minor mod. After Bill Willet read the field inspection report, the requested addition was allowed as a minor modification. c. Robert M. Kaye - SE48-305 - Topgale Lane (27-7) - discussion Melissa Philbrick, an attorney representing Kaye, said consultant David Haines was present at the meeting May 25th, but that meeting broke up before this point on the agenda. She asked that the matter be continued to June 8, when he can be here again, and the Commission agreed. d. Monomoy Harbor R.T. - SE48-465 (43-111) - replication plans Attorney Melissa Philbrick represented the applicant. She said consultant Christine Coughanowr could not be present. The Con~ission reviewed the plan for replication on the site. Carl Borchert said the house seemed so big. He checked the approved plan and saw that part of t:he footprint was a deck. Philbrick wrote "deck" on the designated area, with the date and her initials. Peter Dunwiddie said reed canary grass should not be on the list of T """l! ",~14 UCIr~'- ~~~ ~~ u ~\ Oi~.A ~~i t:X.lr-=~ '~}': i ~~_~~.l~1 -...." -'-'ft:=...::o-'....... tI ;: O~p ....... Q ....~ ORA1~.....", ....'" Town of Nantucket Conservation Commission 4 North Water Street Nantucket. Massachusetts 02554 Minu~es of June 1, 1989 Page 3 plants in the replication area because it is not a native species. The Commission approved the plan minus the reed canary grass, with the deck drawn in. Ben McKelway raised the issue of the owner's intention to demolish the existing house and start over. He said the commission had only approved an addition. Philbrick confirmed that the owner intends to raze the existing house. She said if there is a misunderstanding, let's clear it up now. The Commissioners reviewed the plans and the Notice of Intent, which refer to an addition and the expansion of an existing structure. Peter said this was really misleading. Ben asked why the applicant called it an addition. Carl answered that it was because the Commission is more lenient with proposed additions. Carl said there is the question of the impact of the demolition on the wetlands and also recalled long discussions about why the new construction had to be so close to the ditch. Bill Willet explained to Philbrick that if the Commission had known the intent was to demolish the exis'ting house, they would have known there was more room to work with, more opportunity to negotiate the construction further away from the ditch. The decision was that Philbrick must write a letter to the Commission requesting the demolition and new house as a minor modification to the Order of Conditions. Carl said the Commission will then hash it all over and either allow it or not allow it. e. Alan Costa - SE~8-52 (67-~9) discussion Ben McKelway said Costa had sent the Commission the plans and documentation it had required for the alteration of the bank of upper Miacornet Pond. He said it looked a lot like what Herb Cabral had done further down the pond. The Commissioners said they did not need to review the information. f. Possible raise in RFD fees - hold hearing to amend local regs? Ben explained that Lee Bourgoin, executive secretary to the Board of Selectmen, has suggested the Commission raise its fees to help support the Commission's budget and legal expenses. He said the NOI fees are beyond the Commission's control because they will be raised June 30th. ,Carl Borchert said the new fees are shockingly high, and there was some discussion of those rates. Ben said the Commission could double the $15 fee for a Request for Determination to $30, by a~mending the local regulations after a public hearing. Ben said this might be the time to consider other minor changes to the regs that have been suggest~d since promulgation. Peter Dunwiddie said a higher fee might discourage people Town of Nantucket Conservation Commission 4 North Water Street Nantucket. M assach usetts 02554 Minutes of June 1, 1989 Page ~ from filing; they might just go ahead and try to get away with doing the work without Concom review. The other Commissioners agreed, and it was decided to keep the RFD fee at $15. g. Barbara Charleton - SE48-537 (~9.2.3-6) - minor modification Ben explained that the applicant wants a deck ~ feet closer to the coastal bank than shown on the plan approved by the Commission. Mark Avery, of Design Associates, represented the applicant. He said the May 23 letter from Lester Smith was incorrect; it is a covered porch, not a deck. Granville Cranston said the requested change would cause the house to jut out from neighboring houses, which are now all in a row, equally set back from the top of the bank in an imaginary line. During the public hearing stage, he said, the Commissioners asked if the house would extend beyond that line, and the applicant's representative said no. Avery agreed, but explained that Ms. Charleton has since decided she wants a bigger porch. Carl Borchert said we are trying to protect the bank. The closer you get to it, the greater the chance of damaging it. The matter was put off until a meeting attended by Commissioner Henry Wasierski. A Siasconset resident, he was the only Commissioner besides Granville to have visited the site recently. Granville will view the site again in the meantime. Carl told Avery that it does not look promising. h. Sharp/Kilvert - SE48-519 (26-22) - 3 minor modifications for Lot 24 Surveyor Jeff Blackwell, Attorney Melissa Philbrick, and Developer Randy Sharp were present to explain this request. Blackwell said there has been a miscalculation regarding the bridge. Sharp called it a field decision to protect the bank. To correct it, the bridge would have to be lifted up and a trench along the bank dug in order to facilitate the sawing off of the tops of the four pilings holding up the corners if each bridge. A new plan was submitted, showing the way Sharp would like to build the two bridges. Questioned by Carl Borchert, he said the bridges are already installed that way except for proposed wooden bulkheads about 2'6" high to hold the driveway dirt in place at each corner of the bridge. The approved plan shows a lower bridge with the pile caps and stringers buried at the top of the bank, at all four corners. Stating that he doesn't like the bulkhead idea, Peter asked if the driveway could simply be sloped. Blackwell said dirt would just slump into the stream. "I don't know about that," replied Peter. The Commission deferred its decision until June 8, after they have had a ~~14TUCIr;~ ~~, !{~~\ t:\~J'. i \~~I .- ~~\ ~~","-11\'1 "",- -'-'ft:=~. ~ '0 ~ o~.....~.~, rORA1~_....v ........... Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minu~es of June 1, 1989 Page 5 chance to view the site Monday, June 5. The second minor modification requested for this lot is a change"in the route of the driveway. Philbrick presented the new plan, which places the driveway along the previously brushcut path going up the hill. "Oh, no!," said Carl. "Why?" Sharp said hardening had already been added to that path to facilitate the passage of the crane used to install the bridges. The Commission deferred its decision on this until they have viewed the site again. The third minor modification requested for this lot is the sliding of the house about 10 feet over to what the Blackwell said is a more level area. A new plan was presented. Carl said the grading would have to be changed accordingly. The Con~ission deferred its decision on this until they have viewed the site again. l. Personnel change forms Chairman Bill Willet signed forms that would give Ben McKelway an annual cost-of-living raise, effective July 1, allowed by the 1989 Annual Town Meeting. He also signed forms hiring Bruce Perry as the new staff secretary and granting him the cost-of-living raise as well. The Commission told Ben to remind Bruce of the Town's 90-day probationary period for all new employees. j. Taylor settlement agreement needs three more signatures. Ben got the signature of Granville Cranston. The only one missing at this point is that of Henry Wasierski, said Ben. The settlement is final because four Commissioners already had signed, but Town Counsel said all seven are required, since all were named in the Superior Court complaint. k. Tom King, representing Linda Loring - special request Architect Tom King, Surveyor Glen Wills, and Linda Loring were present. King explained that Loring wants to will her land to The Nature Conservancy (TNC) with an additional structure on the property. He said she wants to move the old McCullough house onto a block foundation next to the "pump house," 50 feet from the wetland boundary. The agreement, he explained, was to move the house tomorrow, June 2, or risk having it demolished. King filed a Request for Determination for this projec.t shortly before today's meeting. He asked the Commission to bend the rules and allow this before the normal review process has commenced, so the house could be saved and so it would not have to be moved again later because of the cost. He explained that the foundation could be built under the house after the move. Town of Nantucket Conservation Commission 4 North Water Street Nantucket. Massachusetts 02554 Minut€s of June 1, 1989 Page 6 Peter Dunwiddie questioned the wetland boundary and said a Notice of Intent would probably be necessary. He suggested turning the house, but Wills said that would get in the way of the septic system. Carl. Borchert and Peter requested written documentation that TNC really wants the second building. The concensus of the Commission was to forbid work within 100 feet of the wetland before Monday, June 5, when some Commissioners will view the site. Wills and King said they would try to get the owner of the house, Bill Holdgate, to wait. Carl asked why the house could not be placed 100 feet away in the first place. King explained that a kitchen would then have to be added. He said.the plan is to join it to the "pump house," which has a kitchen already. Ben asked if the cost of new kitchen could be more than the cost of moving the house twice and later attaching it to the "pump house." No one knew the answer. King said Building Commissioner Ronald Santos will not consider the application for a building permit complete until the Commission issues the Determination. Wills suggested a letter from the Commission to Santos stating that the application was in order and would be approved, to expedite the project as the Commission did for several houses that were moved back from the coastal bank known as Sankaty Bluff. Carl said maybe that could be done, depending on what the site looks like Monday. ~. Correspondence -- See request from Paul DeRensis Carl Borchert abstained from this discussion. Ben explained that Commissioner Donald Visco had talked to Assistant Town Counsel Jonathan White by telephone during the process leading up the "Amended Decision" requested by the judge for the Murphy case (SE48-382). He said Don was in the office when White called one day, and Don gave him a piece of his mind. White, apparently disturbed because DonIs viewpoint differed from the guidance he had been getting from Chairman Bill Willet and Ben, wrote a memo to Town Counsel Paul DeRensis. Paul then wrote to Bill asking for guidance and policy-setting in regard to two questions: l)Does the Commmission want to rely soley on the 50-foot presumption for septic systems in Title V, or on the higher standards set by the local wetlands bylaw?; 2)Do we want to continue the policy of defending the Commission's actions or switch to a policy of settling every dispute as quickly as possible with legal costs as the overriding factor? Peter Dunwiddie said he thinks it was an overreaction on White's part and asked what's such a big deal about one Con~issioner having a point of view that is different from the majority. Ben speculated that White and DeRensis may just be protecting themselves from future criticism and attempting to prevent misunderstandings in the future. The Commission Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 Minutes of June 1, 1989 Page 7 decided to let Bill read the memo and the letter and respond as he sees fit. Regarding recent correspondence between consultant Kathryn Barnicle, of the Daylor Consulting Group, and Gayle Garmon, of DEQE, the Commission instructed Ben to write to the applicant (J. Pepper Frazier) and to DEQE .to make it clear that, under the local wetlands bylaw, the Commission would still not allow the house closest to the.marsh, just in case Barnicle or the applicant thinks eliminating the other house would solve the problem. . S. Minutes of May 11, 1989 These minutes were approved as drafted. 6. Bills to be paid The bills were signed. Ben was asked if Marcia Litchfield's contract had run out, and he said yes. He told the commission there is still more than $1,000 left in the "professional services" account that could be spent on tests for pesticide residues in ponds near the island's cranberry bogs, or anything else the Commission wanted to spend it on, by the end of the fiscal year June 30. After some discussion on testing alternatives, Peter Dunwiddie told Ben to call Don Hickman and Betsy Colburn at the Massachusetts Audubon Society for more advice on what chemicals to test for. Carl told Ben he should be pushing on this, and Ben replied he has done a lot of research and there is still a chance of getting the Pesticide Bureau involved in a testing project this summer. Granville Cranston left the meeting at this point, and there was no longer a quorum. After some informal discussion and more instructions to Ben regarding the testing of wells in Quidnet, the group broke up at 5:~5. ###