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Home My WebLink About1989-06-22 . 4~~ L~ ~~~ it, \"Jl'\ "o'~'U\!I. t I _jlJla t:~~~J~j ~~.. ~~"'"- I.A.;: (\~ -'-'ft:=..,..=-- ........'0 ~ o~.. ........:;~. # rORA1~ :t~ ......".. Town of Nantucket Conservation Commission . 4 North Water Street Nantucket, Massachusetts 02554 AGENDA FOR JUNE 22, 1989 A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC B. PUBLIC HEARINGS 1. M & E Bonner - 28 L. Beach Rd - SE48-541 (74-53) 2. Donald McCullough - 95 & 99 Eel Point Road SE48 - 550 (32-8&9) 3. CMS Realty Trust - 120,122,12~ T.N. Rd. (91-~3,~3.1,~3.2) ~. Anne D. Plukas - 147 Great Point Rd. SE~8 - 551 (11-6) 5. Old North Wharf - SE48-5~9 (42.3.1) 6. Longview Realty Trust - 53 Madaket Road - SE~8-546 (~1-326) *7. Leibenhaut - 55 Madaket Road - SE 48 - 553 ( 41 - 327 ) *8. Topham - 52R Tennessee Ave - SE48 - 552 ( 59.~ - 93,9~ ) *9. Beacon Nominee Trust - 3 Beacon Lane - SE48-5~3 (21-26.9) C. REGULAR MEETING 1. Requests for Determination * a. H & J Associates - off Tristram's Ave - ( 31 - 3 2. Certificate of Compliance a. Dupont ( Hollings) - SE48-480 - 73.2.4 - 12 3. Extension Permit a. McMaster - 26 Western Ave. - SE48 - 362 87 - 77 ~. Orders of Conditions a. Stephen J. Kotalac - 8 Wamasquid Place - SE~8-536 (56-113.5) b. Sankaty Head Golf Club - Hoick's Hollow Road - SE~8-548 (23-9) c. John Gifford - Shimmo Road - SE48-535 (28-9) d. Donald McCullough - 95 & 99 Eel Point Road SE48 - 550 (32-8&9) e. Anne D. Plukas - 1~7 Great Pt. Rd. - SE~8-551 (11-6) 5. Other Business a. Robert M. Kaye - Topgale Lane - SE~8-305 (27-7) - discussion b. Barbara Charleton - SE~8-537 (49.2.3-6) - minor modification c. Sharp/Kilvert - SE48-519 (26-22) - minor modifications d. Water testing in Quidnet, Gibbs Pond, etc. e. Smith's Point - advise Selectmen to close to vehicles? f. Abandoned boat wrecks - update g. Appoint member to Planning Commission h. Election of officers l. Nightingale - SE~8-~98 - (20-42) 6. Correspondence 7. Minutes of June 8, 1989 8. Bills to be paid and discussion of possible future expenditures 9. Field Inspections - Wed., July 5, at ~ PM * denotes new application K~ ~~1r //;?~ ~ ,r'-, .... '. 11J.....~ ~ ~~14lucJr;.~ '~r ~;\ It!. \"P';. -0: 1 ~U\'!l t . _.1JI3 t-i'"~ ~ -1' ;; ." ... \~- - I....~ p,..~"'" "'" i" ;: 's'-"^", -'-'ft:=..,..=-- ." '0 ~ .... '"'c.... ." ... ~ -"'~'^..........~. ~ rORA1~ :t~ ........,,,.. Town of Nantucket Conservation Commission MINUTES 6/22/89 Page 1 4 North Water Street Nantucket, Massachusetts 02554 MINUTES OF JUNE 22, 1989 The meeting was called to order at 7:30 p.m. in the Board of Selectmen's Hearing room. Commissioners present were William Willet, Chairman, Henry Wasierski, Lee Dunn, Donald Visco, Carl Borchert, Ben McKelway Administrator, Bruce Perry Secretary A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC - none Steve Bender wanted to know the Comission's jurisdiction over the the waters of Nantucket concerning the dumping of wastes and sewage into the harbor. He feels that this a serious problem specially with the large cruise ships that are now tying up at the wharf. These large cruise ships have been coming for the last five or six years and have been observed dumping directly into the harbor. These big boats are still unregulated, unchecked, and may not meet the island's 1982 by-law. William Willet commented that it is a enforcement problem with the other departments. Mr. Bender stated that the problem could be solved with a few steps: 1. Boats that moor in the harbor are met and asked questions with the records kept at the marine department. 2. Boats that tie up to the rental moorings are asked the same questions and records are kept by the owner of the mooring. 3. Boats that tie up in slips are asked questions and the records are kept by the slip owners. These records could then be available to the Town and some background information on the boats using the harbor could be had. Donald Visco comments that the problem rests with the marine department and the Board of Health. The State law gives the Commission jurisdiction over "dredge, fill or alter". The Nantucket law states "dredge, fill, alter, build upon". He questions whether the Commission has any jurisdiction. Lee Dunn stated that if this is a alteration of a wetland, for example a septic system being to close, then we have jusidiction. He felt that the commission needs to take a harder look at the situation. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 2 Henry Wasierski asked if the Boat Basin should have come to the Commission to construct the pump out station Carl Borchert commented that they should have at least asked. He further asked about the floating pump out service that started last summer. Mr. Bender responds saying that the system got started but it was very limited in scope. A small number of boats were pumped. The Yorktown Clipper has a 1~,000 gallon holding tank that takes 29 hours to fill up when the boat is full. They stay longer periods of time than that tied up to the marina. Mr. Dunn commented that Mr. Bender had a point. One pump out of these cruise ships can do more damage than a septic system that we agonize over. He felt that the Commission should persue this matter further. B. PUBLIC HEARINGS 1. M & E BONNER - 28 LOW BEACH ROAD - SE~S-5~1 ( 7~-53 ) MOTION: Continue at the applicant's request was made and seconded UNANIMOUS 2. DONALD McCOLLUCH - 95 & 96 EEL POINT ROAD - SE~9-550 (32-S,9) MOTION: To close the public hearing and review the Order of Conditions later in the meeting was made and seconded. UNANIMOUS 3. CMS REALTY TRUST - 120,122,12~ TOM NEVERS ROAD (91-43.0,.1,.2) MOTION: Continue at the applicants request and awaiting DEQE file number was made and seconded. UNANIMOUS ~. ANNE D. PLUKAS - 1~7 WALWINET ROAD - SE~8-551 ( 11-6 Ben McKelway comments that we have received the DEQE file number and are ready to close the hearing ~~~~~ A~r~~~~~ -~)- ~~<> ".~'So If \"p~ .0:' ~U\'!. t I -11JI3 t-\~, ,~,.: . \ ~_ ..... ~ I : I ...\ ""- - iA:' I ..."'^... -'-'ft:=--=- ..' '0 ;: ,~,o..... ." ... ~ ~'P ......... ~. ,"4' ORA1~ it"\: ........,,,. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 3 John Shugrue wanted to change the road name back to the name as applied : 1~7 Walwinet Road MOTION: To close the hearing and reveiw the Order of Conditions later in the meeting was made and seconded. UNANIMOUS 5. OLD NORTH WHARF - SE~8-5~9 (42.3.1- 225,229,230,232,233,234) Melissa Philbrick, representing the applicant, comments that she does not have any new information for the Commission at this time. She is still waiting for a number of studies to come to her office. She asks the Commission if they have any questions. Mr. McKelway mentions the arrival of letters concerning the project. a.) Mr. Robert Garrison (Nantucket Shellfish Farm) writes in favor of the project. He feels that the project will improve the water circulation in the arrea. the basin is "shoaling in" rapidly and degrading the water quality of the basin. he states that the area desperately needs waterfront space allowing traditional water related activities and businesses. The proposed pavillion will give a greater panoramic view of the harbor than presently available. Mr. Borchert asks about the fuel unloading facility. Mrs. Philbrick responds that the engineering drawings are included with the submittals. b.) Stephanie P. Foster (Ringoes, N.J.) writes with concerns about water quality and circulation as a result of the proposed dredging and recommends that the Commission asks MEPA to require an EIR to assess the effects of the dredging and aslo the expansion. She also worries on the effects of the fuel tanks on "water, wharf, and air." The proposed pavillion will not serve as much of the public as at present, as most of the traffic will remain on Easy Street. Mr. Borchert asks if MEPA has asked us to comment. Mrs. Philbrick responds that the ENF will be submitted next 6...."..",1. ~p..14TUCJr(".... r~"!,"''S I.~I ","piS ...~!1 \U\- 'Oi _t1Jl2 t:\",- , -j'. i \ ~_ I . ....\~..;".. -i~J ,\'1-^... -'-'ft:=..,..=-" "'0 ~ ~O~ .~...~ ~ p .......... ~. ...4' ORA1~:t"'v ."."" Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page ~ week. Mr. Borchert comments that the Commission should find out the permitting process and comment at the appropriate time to the various agencies. Mrs. Philbrick responded that as the various studies are finished they will be provided to the Commission for their review and comment. She also commented that she is working on a timetable for all the various agencies and will supply the Commission with one when it is done. Mr. McKelway stated that the Commission at the last meeting had asked for a more in depth study of the marine life that is present and how it will be affected. With the withdrawal of Tina Coughanowr from the project, how are the applicants going to proceed with these studies ? Mrs. Philbrick responded that they are talking with the people at Woods Hole Oceanographic Institute to find qualified people. MOTION: To continue the hearing for more information at the applicants request was made and seconded. UNANIMOUS 6. LONG VIEW REALTY TRUST - 53 MADAKET ROAD - SE~8-546 ( ~1-326 ) MOTION: To continue due to lack of representation by the applicant was made and seconded. UNANIMOUS 7. LEIBENHAUT - 55 MADAKET ROAD - SE48-553 ( ~1-327 ) Mr. McKelway comments that the abutter notification was not mailed in time and recommends to the Commission that they not open the hearing. He reads a letter from the abutter, Jaclyn Mauser, and shows the abutter notification envelope that was mailed June 19th only three days before the meeting. MOTION : To not open the hearing was made and seconded ~.....~ ~TUC I l~~~-~)~ iff. \"P~ "0: ~U\t t I. , -11Jl.. t-\,,_ '-","" ~1'!!P . ~ ~_ ~ -: I .~... -:. _ ......!lIIi ~~'" ~.,.,.. I." ;: .y^.... -'-'ft:=..,..=-- .' '0 :- ..'~~ .... ~ .. ~~^ ......... \'). ...# "'ORA1~ itV ....",," Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page S UNANIMOUS 8. TOPHAM - 52R TENNESSEE AVE - SE~8-552 ( 59.~-93,94 ) Leo Asadoorian representing the applicant states that the abutter notification was not mailed in time and recommends that the state portion be opened. There is one abutter present. MOTION: To open the state portion only was made and seconded. APPROVED Mr. McKelway states to the applicant that the abutters should be notified again. Mr. Asadoorian opens his comments by stating that the Board of Appeals has issued a special permit that allows the structure to be one foot from the side line and one foot from the way, and the walkway to be zero feet from the side line and two feet from the way. The Commission asks why the catwalk ends at the ditch ? Mr. John Topham comments that they want to get this approval then go back for the pier. The end of the catwalk as proposed is where the original float ended. Mr. Borchert comments that these piers usually include floats. Mr. Asadoorian responds that this walkway is primarily for catching herring and not for boating purposes. Mr. Dunn asks the applicant how they plan to move the existing structure and replace the walkway ? Mr. Asadoorian responds that the building will be shored up then moved. A six piling foundation will be installed and the building will be moved back after it has been repaired. The renovated structure will have the same general shape as presently. Mr. Borchert asks if the new building will have the same size and shape ? ~I""~ ~TUC ,~ L()?--~)~ ;tj~1 '"piS ~~f_ \,ft- -0: .J, ~v'!l t . -11Jl3 ...:,,'" ~,. ; .\, --'" ,.. \~- -:. -- .......~ <~" ~~=- '-" ;: "'" (\~ -'-'ft:=..,..=-...........,o~~ ~19::..........~. i> rORA1~....".. ........ Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 6 Mr. Topham responds that the building will stay the same as it was. It is in a very delapidated condition and needs to be fixed up. Mr. Chris Lewis and his wife, Virginia, were recognized by the chair. They are abutters and spoke in favor of the project. They felt that anything was an improvement and that they had no problem with what they plan to do. It has been used for a herring business previously. MOTION: To continue the hearing until the next meeting when the local portion can be opened was made and seconded. UNANIMOUS 9. BEACON NOMINEE TRUST - 3 BEACON LANE - SE~8-5~3 (21-26.9 ) Represented by Sarah Alger of Reade and Alger, and Peter Bovenzi, Trustee. Ms. Alger stated that the abutters had been notified on June 15th using the same certified list as before. She then commented that at the last meeting, the Commission had been asked for a reopening of the public hearing. There was some new information that was not allowed last meeting. Since that time,the applicants have become happy with the draft of the Order of Conditions submitted at the last meeting. She asks the Commission to close the hearing. Mr. Wasierski comments that the plan shows nothing on the location of the driveway. there also seems to be a wetlands missing from the map. Mr. McKelway states that the draft order reguires that the driveway be at least 25 feet from any wetlands and made of a pervious material. The Commission could ask for more if they wished. Peter Bovenzi point out on the map the location of the pond and states that it is at least 100 feet away. The driveway also has to start near the end of Beacon Road and there is a curb cut there already. 4;~~ L()r~~~ Itf. \"p~ .~.~.U\~ t.... 'IJI~ ~\:""'~_~~i' ,. . ') -- "'/. \....-.=-- - .....~ u" ~~"'"- i"- ;: , ('..... -'-'ft:=..,..=-. .........'0 .:' ;r.".p~~..........~. , ..,,."!:ORA1~.....~ ...........".. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 7 Mr. Bovenzi said that he planned no work in the "shank" of the lot farthest from Sesachacha Pond. He indicated thay he was talking about an area approximately six inches long on the plan. He offered to put this in writing. "Absolutely nothing in the front touched, ever," he said. Mr. Visco comments that the plans are generally submitted with the driveway shown on them Mr. Borchert asks if the applicant is willing to draw the general area for the driveway ? Mr. Dunn comments that he would like to either continue the hearing and have the applicant cone back with a plan with the driveway shown or have the applicant draw in the driveway now. Mr. Bovenzi states that he intends to come off at the end of Beacon Lane next to the existing driveway and use the existing curb cut and then head south west. The drive will then try to weave around the higher mounds and therefore stay less visable. Mr. Wasierski states that the driveway is to be 12 feet wide and the applicant agrees. Mr. Dunn asks Mr. Bovenzi to draw a dotted line for the general area for the drive on the plan. He agrees, drawing a solid line on the plan. MOTION: To close the hearing and to review the Order of Conditions later in the hearing was made and seconded. UNANIMOUS Mr. Borchert comments at the end that the driveway will be within 100 feet of the wetlands near the building envelope. C. REGULAR MEETING 1. REQUESTS FOR DETERMINATION A. H & J ASSOCIATES - off Tristram's Ave - ( 31-3 ) ~~~ Lo} ~;\ Itl, \~'; '-O!~-ilJll t:\~J'.' \....-.=- - - -...... ~ p,'. ~"-;: ....y^... -'-'ft:=..,..=-' ..' '0 :' .... "c'..... ." " ~ -.,~'" ......... ~. rIJl rORA1~ it....'" ........'". Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 8 David Howard as agent for applicant Mr. Willet reads the inspection report Mr. Howard comments that the way mentioned in the report is a right of way to the beach and not the driveway for the neighbor's property. He would like the Commission to determine if there is a bank or a dune on the property. He comments that he would prefer to stay at least fifty feet away from the bank. In addition the determination that it is a bank would allow for a larger building envelope. The location of the septic system is dependent on the bank / dune ruling. If it is determined to be a dune, then a trench accross a ditch to a septic tank is necessary. If it is determined to be a bank, then that allows a greater septic envelope. Mr. McKelway comments that the area is somewhat similar to the dune vs bank issue with the McCullough property. The area is solid and not shifting sands, not all dune grass and it is not going anywhere. I would call it a bank. Mr. Howard adds that he would like to pull the house as far back from the bank as possible. It could be 100 feet fonn the bank and 100 feet from the wetlands. The wet area includes a man made ditch. The elevation of the lot is nine feet throughout except at the ditch. Mr. Wasierski ask about the rate of erosion in the area. After some more discussion, the following motion was made and seconded: To issue a positive Determination and require that the applicant file a Notice of Intent. UNANIMOUS 2. CERTIFICATE OF COMPLIANCE a. DUPONT (HOLLINS) - SE~8 - 552 ( 73.2.~ - 12 ) A..."~ NTUC L~~~-~),~ if(, \~~ to:~_jlJll t-i- '" , __, ?-i,. i! e\., ~ "t.. \~-- ,. - t-:~ ~~.. ~~;: "..... -'-'ft:=..,..=-. .",..,..'0 ~~ 0-9::..........~. ~ ~~ORA1~ ....~ .............. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 9 Mr. McKelway reads the inspection report and letter from the engineer as required by the by-law. Mr. Wasierski comments that plans were swapped when they were sent to DEQE. There was no condition for height restrictions. They came to us as septic and an addition plans and then switched when they went to DEQE. MOTION: To issue a Certificate of Compliance provided that the grass planted lives was made and seconded. UNANIMOUS 4. ORDERS OF CONDITIONS a. STEPHEN J KOTALAC - 8 WAMASQUID PLACE - SE48-536 (56-113.5) MOTION: To continue was made and seconded UNANIMOUS b. SANKATY HEAD GOLF CLUB - HOICKS HOLLOW ROAD - SE48-5~8 (23-9) MOYION: To approve the conditions was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS SANKATY HEAD GOLF CLUB, INC. DEQE FILE NUMBER SE48-548 ASSESSOR'S MAP 23, PARCEL 009 HOICKS HOLLOW ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT (MGL CHAP.131, SEC.40) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136) UNDER THE NANTUCKET WETLANDS BYLAW: -,,,.."~ ,.. ~~14TU elf!!"'&. '-.~r-~~-s.'~ If!. \~~ ~-oi -ilJli 1-;-" "'" ~,. i . \ ~_ " I : .. ~,,~..::.- _.,....!IIi ...,.. ~'-~=- /.."- ;: -y^... -'-'ft:=.....,.,.- .' '0 ~ ~'o .... .... .... ~ '9 p .......... ~. 'Ii ORA1~ :t"~ ......", Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 10 The project is approved, contingent upon approval by the Health Inspector of any subsurface sewage disposal system, as specified by the Notice of Intent and all attachments, the most recent plans cited on Form 5, the general and special conditions on form 5, and the following additional special conditions. However, if there is a conflict between this Order and the application or plans, this Order shall prevail. 3. Now that the structures have been moved, the haybales along the edge of the coastal bank shall be removed and the disturbed area shall be revegetated as soon as possible, to minimize erosion of the bank in the future. ~. Members, employees, and agents of the Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions and perfol~ance standards stated in this Order and the Nantucket Wetlands Regulations and may require the submittal of any data deemed necessary by the Commission for that evaluation. 5. 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. 6. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 7. 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, contingent upon approval by the Health Inspector of any subsurface sewage disposal system, as specified by the Notice of Intent and all attachments, the most recent plans ~I''''''''.'' ~TliC"~ L~~-~)~ It!. \"JI'~ __.1 .U\~ ,....: -'IJI~ ...:..,..: ~!. ; . \ , -. I · · .~- - ......~ p\ ~.;".. ~"'"- i"- ;: ,~"... ~ . ..' '0 ~ iI! () .... ... II,; r!I.'" iIJ~'P ..........~. rJl ORA1~....~ ...."... Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 11 cited on Form 5, the general and special conditions on form 5, and the following additional special conditions. However, if there is a conflict between this Order and the application or plans, this Order shall prevail. 3. Now that the structures have been moved, the haybales along the edge of the coastal bank shall be removed and the disturbed area shall be revegetated as soon as possible, to minimize erosion of the bank in the future. ~. 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. 5. 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. 6. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 7. 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. c. JOHN GIFFORD - SHIMMO ROAD - SE~8 - 535 ( 28 - 9 John Gifford and Melissa Philbrick, counsel were present Ms. Philbrick had some comments on the draft Conditions. Mr. McKelway was asked to summarize the Order for the Commission. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 12 Ms. Philbrick asked for some wording changes in paragraph 3. these changes were approved by the Commission. Cheryl Creighton representing the Nantucket Land Council asked for some wording changes in paragraphs 8, 9, 15. With some minor discussion the changes were approved MOTION: To approve the Order of Conditions as amended and added to during the meeting was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS JOHN F. GIFFORD DEQE FILE NUMBER SE48-535 ASSESSOR'S MAP 28, PARCEL 9 SHIMMO ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT (MGL CHAP.131, SEC.40) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136) UNDER THE NANTUCKET WETLANDS BYLAW: The 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 SO feet of a coastal bank and requires a 25-foot natural undisturbed area adjacent to the 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. Futhermore, the Commission acknowledges the role the applicant has played in protecting other portions of the area from development. 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. ~.........., llTU'c-'~ L~~~-~),~ it!. \"P~ -o;~_~U\i tt:i~jri ..\ ....-~~~ .1.....~ ~~.. ~~"'"- i"- ;: ('~ -'-'ft:=-=-..........'Or/ ~o~j;'.........~. ,,# ORA1~....'tl .....'" Town of Nantucket Conservation Commission 4 North Water Street Nantucket. Massachusetts 02554 MINUTES 6/22/89 Page 13 The project is approved, contingent upon approval by the Health Inspector of any subsurface sewage disposal system (which must comply with local Board of Health regulations as well as Title 5 of the State Environmental Code), in accordance with the Notice of Intent and all attachments and specifications (including the wildlife habitat analysis received by the Commission May 25, 1989, and "Additional Information" recived by the Commission June 8, 1989), the most recent plans cited on Form 5, the general and special conditions on Form 5, and the following additional special conditions. However, if there is a conflict between this Order and the application or plans, this Order shall prevail. 3. The perpetual conservation restriction presented to the Commission June 8, 1989, under the heading "Exhibit" and attached hereto, or a similar version acceptable to the Commission, along with a survey plan to be provided by the property owner, shall be signed by the local signers within one year of the date this Order is issued. Failing that, the owner of the property shall record on the deed a 30-year conservation easement that would restrict the land in exactly the same ways for 30 years. However, even if the document never becomes a conservation restriction or easement, its provisions are incorporated herein by reference and are continuing conditions of this Order, and therefore have full force and effect, in perpetuity. These conditions shall continue beyond the issuance of a Certificate of Compliance. ~. Prior to any activity at the site, the limits of work, as drawn, initialed and dated by Lester Smith on the plan entitled "Site Plan - Proposed Conditions" <received by the Commission June 8, 1989) shall be staked by a registered surveyor. Snowfencing and haybales shall then be staked along this line. After the fence and haybales are installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for ~B hours after said notice is given, so as to allow Commission members time to inspect all siltation devices. The fence-and-haybale line, 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 all activity for workers. It shall remain in good repair during all phases of construction and shall not be removed until all soils are stabilized and or until permission to remove it is given by the Commission. -'"....~ ,~p.14TUeJr;..,'&. ~Q J~:~va~i~nN~~~~~~~L ~~.~t..::} ""..... -'-'ft:=..,..=-...........'O"'$ iIl~O~::..........~. ~ "ORA1~ :t'O~'tI ...."". 4 North Water Street Nantucket. Massachusetts 02554 MINUTES 6/22/89 Page 1~ 5. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from that shown on the plans referred to in the Order of Conditions. The as-built plan shall include, but not be limited to, the following: all pipe/culvert inverts for inflow and outfalls, pipe slope, size and composition; location of other drainage structures and their composition; limits of fill or alteration; location of all structures and pavement within 100 feet of wetland; the edge of the wetland; the grade contours within 100 feet of the wetland. 6. 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. 7. 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. 8. This document and the approved site plan ("Site Plan - Proposed Conditions" (revised 6/7/89 and received by the Commission 6/8/89 with limits of work drawn, initialed, and dated by Lester Smith) 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, construction debris, and unused paint and paint-related products shall be collected and disposed of off-site. No on-site disposal of these items is allowed. 10. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. ~,,"II~ ~'P:r..~~ It, \"p~ "0;' :U\i tl-' 01<'" .IJI. i'" - =,. . o , loa \~ - .....~ p-.. _. - PI.;: .... """... ..;'t;: .' '0 ~ ill () .... .... ,.. ~ ll!~,^..........~. ~ rORA1~ ........ .....'". Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 15 11. 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. 12. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 13. If roof gutters are installed, the runoff must be directed to drywells, in order to prevent erosion of the bank. 1~. No lawn is permitted. Disturbed areas should be replanted with native plant species only. 15. Only along the driveway and in the parking area, as shown on the final approved plan, will existing contours be altered. 16. To ensure the proper functioning of the septic system, there shall be no garbage grinder on the premises. Also, a septic system grinder pump shall be installed inside a standard 1,000-gallon septic tank as a safeguard against electrical or mechanical failure. The system's lift pump must be powerful enough to reliably pump sewage to the leach pit with no chance of polluting the environment. The sewer pressure line must be buried well below the maximum frost depth (at least three feet deep) for its entire length. 17. All utility lines shall be installed beneath the driveway or roadway where possible. Where this is not possible, the trenched area should be revegetated with native plants as soon as possible after the lines are installed. 18. Before the construction of the driveway begins, slopes and wetlands along the driveway shall be protected from siltation with a siltation fence or a line of staked haybales. The driveway shall be pervious and no wider than 12 feet. 19. No excavated earth material will be stockpiled or deposited within any resource area. 20. To minimize disturbance to wildlife, no outdoor lights may be installed, except on the portion of the house facing the driveway and the fresh-water marsh. . ~....~ ~~~14!.uCJr;~~ ~or ~~1-'S l~"~\~~ .of ilJll ~t-\"" ~:lF- - 0'i,. i . ~"'" -I. """-"=--::--' - - .....~ ~\ ~~"'"- i"- ;: ,Y^... -'-'ft:=....,;::>-o ..' '0 ~ II! "'0...., ." ... ~ ~";..........~. ~ rORA1~ .~ .....'".. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 16 21. Because of possible adverse effects on shellfish and/or wildlife, no fertilizer, herbicides, or any pesticide shall ever be used anywhere on the property. 22. There shall be no further subdivision of the property, except for minor lot-line reconfigurations which create no additional lots. 23. No portion of any structure shall be higher than 23 feet above grade. 2~. 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, contingent upon approval by the Health Inspector of any subsurface sewage disposal system (which must comply with local Board of Health regulations as well as Title 5 of the State Environmental Code), in accordance with the Notice of Intent and all attachments and specifications (including the wildlife habitat analysis received by the Commission May 25, 1989, and "Additional Information" recived by the Commission June 8, 1989), the most recent plans cited on Form 5, the general and special conditions on Form 5, and the following additional special conditions. However, if there is a conflict between this Order and the application or plans, this Order shall prevail. 3. The perpetual conservation restriction presented to the Commission June 8, 1989, under the heading "Exhibit" and attached hereto, or a similar version acceptable to the Commission, along with a survey plan to be provided by the property owner, shall be signed by the local signers within one year of the date this Order is issued. Failing that, the owner of the property shall record on the deed a 30-year conservation easement that would restrict the land in exactly the same ways for 30 years. However, even if the document never becomes a conservation restriction or easement, its provisions are incorporated herein by reference and are continuing conditions of this Order, and therefore have full force and effect, in perpetuity. These conditions shall continue beyond the issuance of a Certificate of Compliance. . A.......... NTU'C-~ L~~~-~)~ Itt. \"p~ _....: ~U\'" t..... -11Jl0l ""\" - ~" ; · , t.. ,.\~ .....~ 11.1'" - ~"'" 1."- ~ <('~ -'-'ft:=-=-- ..........'0.1 'f!JiPO'R'A1f.~' ~# ---...;.....,"~ Town of Nantucket Conservation Commission 4 North Water Street Nantucket. Massachusetts 02554 MINUTES 6/22/89 Page 17 4. Prior to any activity at the site, the limits of work, as drawn, initialed and dated by Lester Smith on the plan entitled "Site Plan - Proposed Conditions" (received by the Commission June 8, 1989) shall be staked by a registered surveyor. Snowfencing and haybales shall then be staked along this line. After the fence and haybales are installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for ~8 hours after said notice is given, so as to allow Commission members time to inspect all siltation devices. The fence-and-haybale line, 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 all activity for workers. It shall remain in good repair during all phases of construction and shall not be removed until all soils are stabilized and or until permission to remove it is given by the Commission. 5. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from that shown on the plans referred to in the Order of Conditions. The as-built plan shall include, but not be limited to, the following: all pipe/culvert inverts for inflow and outfalls, pipe slope, size and composition; location of other drainage structures and their composition; limits of fill or alteration; location of all structures and pavement within 100 feet of wetland; the edge of the wetland; the grade contours within 100 feet of the wetland. 6. 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. 7. 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 Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 18 responsibility of the property owner of record to see that maintenance conditions are complied with as required by this Order. 8. This document and the approved site plan ("Site Plan - Proposed Conditions" (revised 6/7/89 and received by the Commission 6/8/89 with limits of work drawn, initialed, and dated by Lester Smith) 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, construction debris, and unused paint and paint-related products shall be collected and disposed of off-site. No on-site disposal of these items is allowed. 10. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 11. 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. 12. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 13. If roof gutters are installed, the runoff must be directed to drywells, in order to prevent erosion of the bank. 1~. No lawn is permitted. Disturbed areas should be replanted with native plant species only. 15. Only along the driveway and in the parking area, as shown on the final approved plan, will existing contours be altered. 16. To ensure the proper functioning of the septic system, there shall be no garbage grinder on the premises. Also, a septic system grinder pump shall be installed inside a standard 1,000-gallon septic tank as a safeguard against electrical or mechanical failure. The system's lift pump must be powerful enough to reliably pump sewage to the leach pit with no chance of polluting the environment. The sewer pressure line must be buried well below the maximum frost depth (at least three feet deep) for its entire length. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 19 17. All utility lines shall be installed beneath the driveway or roadway where possible. Where this is not possible, the trenched area should be revegetated with native plants as soon as possible after the lines are installed. 18. Before the construction of the driveway begins, slopes and wetlands along the driveway shall be protected from siltation with a siltation fence or a line of staked haybales. The driveway shall be pervious and no wider than 12 feet. 19. No excavated earth material will be stockpiled or deposited within any resource area. 20. To minimize disturbance to wildlife, no outdoor lights may be installed, except on the portion of the house facing the driveway and the fresh-water marsh. 21. Because of possible adverse effects on shellfish and/or wildlife, no fertilizer, herbicides, or any pesticide shall ever be used anywhere on the property. 22. 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. #fl:# d. DONALD MCCOLLOUGH- 95 & 99 EEL POINT ROAD SE~8-550 (32-S,9) Melissa Philbrick repsenting the applicant asked for some changes in the wording of paragraphs ~ and 15 After reviewing the changes, they were approved by the Commission. MOTION: To approve the draft Order of Conditions with the discussed changes was made and seconded. ;1ft....II~ (,. ~,.14lueJr;'~ ~r~~ Ifi \"P\ 0:; . 1 .U\ ~ tor _jlJla t-i;,- , ~., = .\', .,;-'- - j.. .....~-;.., .IAto:l 'fs.~'" - - ~~..... ,'<';:'" -'-'ft:=-=-- - .' '0 ;: i!~0~::"""":'~'" , "ORA1~ :t~ .....'".. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 20 UNANIMOUS ADDITIONAL SPECIAL CONDITIONS DONALD F. MCCULLOUGH DEQE FILE NUMBER SE~8-550 ASSESSOR'S MAP 32, PARCEL 8&9 95&99 EEL POINT 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 applicant has made a clear showing that the site of the project is a "transitional area" of a Coastal Dune, and that this area does not playa role in storm damage prevention, flood control, the protection of wildlife habitat, erosion control, or wetland scenic views. Therefore, the Commission hereby determines that this construction site, defined by the limits of work, is not significant to those interests. The project is approved as specified by the Notice of Intent and all attachments, the most recent plans cited on Form 5, the general and special conditions on Form 5, and the following additional special conditions. However, if there is a conflict between this Order and the application or plans, this Order shall prevail. 3. Prior to any activity at the site, snowfencing shall be installed around the construction site. This fence, erected to prevent construction debris from blowing into the dune area, will also serve as a limit of activity for work crews. It shall remain in good repair during all phases of construction, and it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the Commission. 4. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from that shown on the plans referred to in the Order of Conditions. The as-built plan shall 6.....~ ~ ~~14lueJr;.~ ""or ~.;\ 1ft \"P ~ .0:1 :U\~ t :- _:lJIa ...\...." , -,' :: · \~ l~! ~\""- - I.~I ~^... -'-'ft:=..,..=-- .' '0 ~ '" .. ....... '" 009~"""""~. ~., "ORA1~ .....~ ........,.. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 21 include, but not be limited to, the following, if any: 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 all structures and pavement within 100 feet of wetland; the edge of the wetland; the grade contours within 100 feet of the wetland. 5. 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. 6. The applicant, owners, successors or assignees shall be responsible for maintaining all on-site drainage structures and outfalls, if any, 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. 7. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 8. 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. 9. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 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. Following construction, any disturbed areas shall be revegetated with beach grass or other appropriate dune species. 6......~ ~~14lueJrt" ~~~~ Iff. \"P~ "o:~:U\~ t ' -llJIa ...s,,-~,. i .\~~~~./::~ ~~\ ~~"'"- ',,;: -y^... -'-'ft:=..,..=-- ,J''o;: "'0 .. ...." ~.. 19~'''''''' ~. ...4' "'ORA1~ .....v .....'" Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 22 13. The garage may be no closer than 60 feet from the landward edge of the primary dune, no bigger than 24 feet by 2~ feet, and may never be expanded or joined to the house. This condition shall continue beyond the issuance of a Certificate of Compliance. 14. The garage may never be used as living space. This condition shall continue beyond the issuance of a Certificate of Compliance. 15. The garage must be no higher than 15 feet above grade. 16. 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 applicant has made a clear showing that the site of the project is a "transitional area" of a Coastal Dune, and that this area does not playa role in storm damage prevention, flood control, the protection of wildlife habitat, erosion control, or wetland scenic views. Therefore, the Commission hereby determines that this construction site, defined by the limits of work, is not significant to those interests. The project is approved as specified by the Notice of Intent and all attachments, the most recent plans cited on Form 5, the general and special conditions on form 5, and the following additional special conditions. However, if there is a conflict between this Order and the application or plans, this Order shall prevail. 3. Prior to any activity at the site, snowfencing shall be installed around the construction site. This fence, erected to prevent construction debris from blowing into the dune area, will also serve as a limit of activity for work crews. It shall remain in good repair during all phases of construction, and it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the Commission. ~. 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 ~"....~ ,~~14TUeJrl.' Lr~~~ Iff. \"P~ .0:~~U\i t ' :IJI. 1-\" '_ . -~S!fJ' It . ..\ ' ~ ~. .- ~~~~.1 "..... -'-'ft:=..,..=-' ..,..' ,,'0 I o ~::-......... ~. ...# rORA1~ itV ...."".. Town of Nantucket Conservation Commission 4 North Water Street Nantucket. Massachusetts 02554 MINUTES 6/22/89 Page 23 request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from that shown on the plans referred to in the Order of Conditions. The as-built plan shall include, but not be limited to, the following, if any: 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 all structures and pavement within 100 feet of wetland; the edge of the wetland; the grade contours within 100 feet of the wetland. 5. 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. 6. The applicant, owners, successors or assignees shall be responsible for maintaining all on-site drainage structures and outfalls, if any, 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. 7. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 8. 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. 9. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 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. ~......~ llTUe ~ '-.~~-~).~ If!. \"P ~ 01'0:' :U\,.. , : _:lJIa ~\" _, ;r.;". = . . ~_ - I:! ....\ ~-;,.. -i~1 ... ~^... -'t<=~. - .' '0 ;: ''''0'' - .,0" ~ ~~'::'''''''':'' ~. ...4' rORA1~ itV ......~ Town of Nantucket Conservation Commission MINUTES 6/22/89 Page 2~ 4 North Water Street Nantucket, Massachusetts 02554 12. Following construction, any disturbed areas shall be revegetated with beach grass or other appropriate dune species. 13. The garage may be no closer than 60 feet from the landward edge of the primary dune, no bigger than 24 feet by 24 feet, and may never be expanded or joined to the house. This condition shall continue beyond the issuance of a Certificate of Compliance. 1~. The garage may never be used as living space. This condition shall continue beyond the issuance of a Certificate of Compliance. 15. No sand or other dune material shall be removed from the site. 16. 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. ### e. ANNE D. PLUKAS - 147 WAUWlNET ROAD - SE~8-543 ( 21-26.9 ) Mr. McKelway summarizes the Order of Conditions Mr. John Shugrue, representing the applicant, asks for some changes in the draft. In Paragraph three, he asked that the requirement for the erection of the snow fence be eliminated. He commented that to put up the fence will do more damage than the proposed work itself. Mr. Borchert asked that before the work commences a line 10 feet from the four corners of the leach trench be established to define the limits of work. The other work being within the driveway will not need to be marked. Mr. Shugrue also asked for some changes to paragrapghs 4, 6, and 10 of both the state and local conditions. These were approved by the Commission. MOTION: To approve the draft Order of Conditions with ~,.....~ ,.~~14TUeJrl~ (()r~1-~ '~!1 \~\ to: _jlJl3. t-\.,,_ ,>'5.,' : ., ~-.I.. \~- --.....~ ~~,.. - -- U\. ;: -y^... -'-'ft:=.....",..- ..''0;: "'() .. ." " .A ~;;'''''''':'' ~. r.V' ORA1~....~ ....".. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 J.) . 1 ~ MINUTES 6/22/IHI ~'~gg ;~ the discussed amendments was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS ANNE D. PLUKAS DEQE FILE NUMBER SE~8-551 ASSESSOR'S MAP 11, PARCEL 6 1~7 WAUWINET ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT (MGL CHAP.131, SEC.~O) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136) UNDER THE NANTUCKET WETLANDS BYLAW: The project is approved, contingent upon approval by the Health Inspector of any subsurface sewage disposal system, as specified by the Notice of Intent and all attachments, the most recent plans cited on Form 5, the general and special conditions on form 5, and the following additional special conditions. However, if there is a conflict between this Order and the application or plans, this Order shall prevail. 3. Prior to any activity at the site, in order to protect the barrier dune and beach from unnecessary disturbance, stakes shall be placed 10 feet beyond the four corners of the leaching trenches to be constructed. These stakes shall serve as a limit of activity for work crews, the rest of the work being in the driveway. 4. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from that shown on the plans referred to in the Order of Conditions. The as-built plan shall include, but not be limited to, the following, if any: 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 all structures and pavement within 100 feet of wetland; the edge of the wetland; the grade contours within 100 feet of the wetland. /:J.....~ ~ ~~14lUel(t'~ '~r~~"J. It!. \"P \ to" 'U\l ....t jlJl. \" '" - _, ,. It .\~_-= I:' ...~ ~"-' - 1.1\' {t ..~~... ~ - .''0 i '~()..... .... -.. ~ 19'" .......,;, ~ ....4' "'ORA1~ .v .....,,,.. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 26 5. 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. 6. The applicant, owners, successors or assignees shall be responsible for maintaining all on-site drainage structures and outfalls, if any, 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. 7. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 8. 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. 9. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 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 on the site. 11. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 12. Natural vegetation shall be left intact except where it is necessary to temporarily use the area. After construction, all disturbed areas shall be replanted with native plants. 13. 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. ~.....~ ~TUe L~~-~')~ itA \"P~ tol~_~~i ...\~j. - .".:z...-:_.... . "!../~' '\... Po _ . 'trtl,; ~ \~..~" ;: ('... ~. ........'0 i' ~~oiiP........:.~. ~ ORA1~ ,..'" ......."". Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 27 UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT: The project is approved, contingent upon approval by the Health Inspector of any subsurface sewage disposal system, as specified by the Notice of Intent and all attachments, the most recent plans cited on Form 5, the general and special conditions on form 5, and the following additional special conditions. However, if there is a conflict between this Order and the application or plans, this Order shall prevail. 3. Prior to any activity at the site, in order to protect the barrier dune and beach from unnecessary disturbance, stakes shall be placed 10 feet beyond the four corners of the leaching trenches to be constructed. These stakes shall serve as a limit of activity for work crews, the rest of the work being in the driveway. 4. 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 sa~me time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from that shown on the plans referred to in the Order of Conditions. The as-built plan shall include, but not be limited to, the following, if any: 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 all structures and pavement within 100 feet of wetland; the edge of the wetland; the grade contours within 100 feet of the wetland. 5. 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. 6. The applicant, owners, successors or assignees shall be responsible for maintaining all on-site drainage structures and outfalls, if any, 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 Jffiaintenance conditions are complied with as required by this Order. ..-.'''"~ ,.~~14TUeJr;" l~~~~ It!. . \"P\ -0: 1 ~U\i tL...:- :IJI_ r-.-:"_ . -,. . . ~_~ 1:1 .X..~.,;;,. _ -i~1 V<-'" -'-'ft:=..,..=-" . '0 ;: il!i~0~........:;~...., "'ORA1~......'!j ...."... Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 28 7. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 8. 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. 9. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 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 on the site. 11. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 12. Natural vegetation shall be left intact except where it is necessary to temporarily use the area. After construction, all disturbed areas shall be replanted with native plants. 13. 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. ### f. BEACON NOMINEE TRUST - 3 BEACON LANE - SE~8-5~3 ( 21-26.9 MOTION: To approve the draft Order of Conditions and to approve the driveway as drawn on the plans during this meeting was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS BOVENZI, INC. DEQE FILE NUMBER SE~8-5~3 ~.....~ ,.~~14TUeJr;''+'&. Lt;r~",''S It" \"p~ .0: tU\I ,...... .IJI. '-\",,'- -,' l!P .., I." \~ - ......~ ~~,.. _.- ~"- ;: 'I"'^", ~ .' '0 ;t ,..~ .. .~. ~ ~ ~O~::..........~. iI "'ORA1~ it"'''' .....,,,, Town of Nantucket Conservation Commission 4 North Water Street Nantucket. M a.<;sachusetts 02554 MINUTES 6/22/89 Page 29 ASSESSOR'S MAP 21, PARCEL 26.9 3 BEACON LANE UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT (MGL CHAP.131, SEC.~O) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136) UNDER THE NANTUCKET WETLANDS BYLAW: The project is approved, contingent upon approval by the Health Inspector of any subsurface sewage disposal system, as specified by the Notice of Intent and all attachments, the most recent plans cited on Form 5, the general and special conditions on form 5, and the following additional special conditions. However, if there is a conflict between this Order and the application or plans, this Order shall prevail. 3. Prior to any activity at the site, a siltation fence or line of haybales shall be staked along the upland edge of the wetland boundary shown on the approved plan, or at a higher elevation. At the eastern end of the property, snowfence or siltation fence or haybales shall be staked between the project site and the top of the bank (as shown on the approved plan), at least 25 feet from the top of the bank. After these devices 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 all siltation devices. ~. The siltation fence, snowfence, or haybale line, erected to prevent siltation of wetland areas during construction (and, in the case of the bank, to protect the bank and to keep windblown debris out of Sesachacha Pond), will also serve as a limit of activity for work crews. It shall remain in good repair during all phases of construction, and it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the Commission. 5. 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. 6. The applicant, owners, successors or assignees shall be responsible .. 4'T~~ L~r~t:.~1. lt~ \"P~ '-0;~1cc.2 1-\- - '-~ ~l.'; ..'). ~ ~.. \~-- - ...." ~~_..~" ;: 'y^... -'-'ft:=..,..=-- .' '0 ~ "'0'" .... II,; ~ iIJ~"';:-"."",;, ~. iI rORA1~ ....,.. ........ Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 30 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. 7. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 8. 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. 9. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 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. In all cases, no part of any structure, including decks, should be closer than 50 feet from the top of the bank and the edge of the wetland as shown on the plan. 13. There must be a 25-foot undisturbed buffer zone on the upland side of the wetland boundary and 25 feet back from the top of the bank. 1~. Because of possible adverse effects on Sesachacha Pond and adjoining wetlands, and on the shellfish, fish, and wildlife therein, no fertilizer, herbicides, or any pesticide shall ever be used anywhere beyond 15 feet from the house. 15. The driveway must be constructed in accordance with the line drawn and initialed by Peter Bovenzi June 22, 1989, on "Topographic Plan - Quidnet Farm - Nantucket, Mass. ," signed and approved by the Nantucket Planning Board 7-7-87, File Number 3130. (Note: This plan is not the approved plan for this Order of Conditions except ... ~......~ NTUe Lr~~~.~' l. .".. '\. 'So " ~ \"P ~ "_' .U\~ ,..., , 'IJI a t:\~ -J'. i \~- .... ,.'\. ~ ';A"':: ~"";.. - - #'_...'" '.....^... -'-'ft:=..,..=-- - .' '0 ~ "'0" .,.....llo.. ~;;..........~. Ii' ORA1~....~ ....".. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 31 in respect to the driveway location.) Any driveway or roadway on the property shall be pervious, no wider than 12 feet, and constructed without fill. After construction, vegetation adjacent to the driveway will be allowed to grow back, forever undisturbed by mowing, cutting (except for trimming to maintain the 12-foot width), or excavating. No herbicide or any other chemical shall ever be applied to a driveway or roadway on the property. No portion of the driveway may be closer than 25 feet to the wetland edge or the top of the bank. 16. The highest point of the house may be no more than 45 feet above sea level. To preserve the area's wetland scenic views, no structure may be built on the crest of a hill. The existing topography should be retained to the maximum extent possible. 17. The septic system leaching field must be at least 100 feet away from the wetland edge and the top of the bank. 18. 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, contingent upon approval by the Health Inspector of any subsurface sewage disposal system, as specified by the Notice of Intent and all attachments, the most recent plans cited on Form 5, the general and special conditions on form 5, and the following additional special conditions. However, if there is a conflict between this Order and the application or plans, this Order shall prevail. 3. Prior to any activity at the site, a siltation fence or line of haybales shall be staked along the upland edge of the wetland boundary shown on the approved plan, or at a higher elevation. At the eastern end of the property, snowfence or siltation fence or haybales shall be staked between the project site and the top of the bank (as shown on the approved plan), at least 25 feet from the top of the bank. After these devices 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 "'" ~.....~ L~l~)~ Itf \"P~ .0: 1 ~U\l t...: CL'P :IJI. \~'e "'-'-,' !! .\~ -/~I ~\ "- - - i.~1 ~^.... -'-'ft:=..,..=-" ~ '0 :' " '" ... .,.... "' O~::.......... ft. ~ rORA1~~'~ ........ Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 32 allow Commission members time to inspect all siltation devices. 4. The siltation fence, snowfence, or haybale line, erected to prevent siltation of wetland areas during construction (and, in the case of the bank, to protect the bank and to keep windblown debris out of Sesachacha Pond), will also serve as a limit of activity for work crews. It shall remain in good repair during all phases of construction, and it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the Commission. 5. 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. 6. 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. 7. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 8. 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. 9. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 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. . ..-....~1. ~~~14lUeJr~... L~r ~1-'\ I~~\~~ to: _jlJll ....:~.e _~ ~:. = .\, - "I.. .~- ~ ....1: ~~.. ~A.;: '" "..... -'-'ft:=..,..=-- ......,.,'0 tI ~~O~::..........~. # rORA1~ it"" ........,,,.. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 33 12. In all cases, no part of any structure, including decks, should be closer than 50 feet from the top of the bank and the edge of the wetland as shown on the plan. 13. There must be a 25-foot undisturbed buffer zone on the upland side of the wetland boundary and 25 feet back from the top of the bank. 14. Because of possible adverse effects on Sesachacha Pond and adjoining wetlands, and on the shellfish, fish, and wildlife therein, no fertilizer, herbicides, or any pesticide shall ever be used anywhere beyond 15 feet from the house. 15. The driveway must be constructed in accordance with the line drawn and initialed by Peter Bovenzi June 22, 1989, on "Topographic Plan - Quidnet Farm - Nantucket, Mass. ," signed and approved by the Nantucket Planning Board 7-7-87, File Number 3130. (Note: This plan is not the approved plan for this Order of Conditions except in respect to the driveway location.) Any driveway or roadway on the property shall be pervious, no wider than 12 feet, and constructed without fill. After construction, vegetation adjacent to the driveway will be allowed to grow back, forever undisturbed by mowing, cutting (except for trimming to maintain the 12-foot width), or excavating. No herbicide or any other chemical shall ever be applied to a driveway or roadway on the property. No portion of the driveway may be closer than 25 feet to the wetland edge or the top of the bank. 16. 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. ### 5. OTHER BUSINESS a. ROBERT M. KAYE - TOP GALE LANE - SE48-305 (27-7) ...;"""~ ,.-~p.14TUe,,;., Lr~ ~t~io ~ ". .. l~i' ~i ,..... 11Jl.. '-i~'7:"'" -,' .. . .-,~~ '" I . · ;\~~- - ~1t'.1 "Io.1-^... -'-'ft:=..,..=-- .' '0 ;: .....-....'0.. .... "'" A -, ~j;-""''',,~. ~ -.....'ORA1~ ....t# -............,,, Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 3~ The applicant was represented by Foley Vaughan of Vaughan, Dale, Philbrick. Mr. McKelway summarizes notes on June 13, 1989: He comments that he and Peter Dunwiddie stopped at the Kaye site with Tina Davies of DEQE while she was in town on another matter. She recommends an enforcement order on a number of issues. The need for a siltation fence along the ditch, revegetate between the ditch and the house, and possibly require all work stop and removal of the overhanging house and stairways. In addition, Mr. Dunwiddie had commented on June 13th that he felt that the violations were worse than he had thought. Mr. Foley Vaughan states that he had conveyed the Commission's comments to Mr. Kaye. In response, he would like to make the following proposals. He would like to break up the issues into two facets a.) a corrective phase and b.) a new notice phase a.) Corrective Phase: 1. place a siltation fence to prevent sand and silt from entering the ditch. 2. replicate four feet and beyond from the foundation. 3. remove exterior deck and stairs from north and south sides of the house. ~. remove the shed dormer on the front of the house. b.) New Notice Facet: 1. file a new Notice of Intent for the completion of the tennis court. Mr. McKelway commented that he would like to see a letter of agreement on these points. Mr. Dunn commented that he would like to know the timeframe of action to accomplish the work. David Haines commented that the siltation fence is already in place but needs some adjustments. Mr. Dunn asked if these changes return the building to the original footprint ? ..........~ ..-:i.,14TUe L'~~-~~ l~~\~~ tOl _j1Jl2 t-\,,_ . - ~ -,' i . .\~- --:: - "'!. I:::: ~:..~" ;: "y^... -'-'ft:=..,..=-- .. '0 ~ .......0 .... .... -.. ~.. -",~...,.........~. ~ rORA1~ it"'" .........". Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 35 Mr. Borchert responed that it does not remove the cantilever but it does remove the decks and stairs that were outside the footprint. Mr. Vaughan comments that the plans are for a small deck and stairs in the front to get to grade. He proposes a preliminary letter tomorrow and a followup letter next week. Mr. Wasieski asks if he needs to file a notice to remove the decks. Mr. Borchert comments that it would be better to handle this matter with an agreement letter rather than enforcement order. MOTION: To accept the agreement letter for the items discussed by tomorrow (June 23, 1989). If an agreement letter is not received, then an enforcement order will be issued. Made and seconded. UNANIMOUS b. BARBARA CHARLET ON - SE~8-537 (~9.2.3-6) MINOR MOD. Present for the applicant was Mrs. Barbara Charleton, Mark Avery and Les Smith. Mr. McKelway summarizes the application to the Commission. Les Smith comments that the application asks for a waiver for the deck that is presently six feet, to allow it to be ten feet wide. The applicant was under the impression that the renovation allowed a ten foot wide deck. He feels that the coastal bank is farther than shown on the plans. At the closest point the expanded deck will be ~5 feet from the bank. The other houses in the area have distances of 34 and 41 feet from the bank. The Coastal bank is 675 feet from the mean high tide line, 375 feet from the dune, a 100- year storm will not reach the coastal bank. Mark Avery comments that the deck will be supported with five sonotubes Mr. Wasierski comments that with Moore's house they were told ..-....~ ~~~14lUeJr~'"" ~'~r ~1-'f. Itt \"P~ "0:' :U\l '1-1. IIJI_ . \"':' -/'. I .~ .- ~\""- - - i~1 \; ""~ -'-'ft:=..,..=- - ..........'0 ri ~ o~j;'......... ~. ...# ,,-.-:'ORA1~....v -...........".. Town of Nantucket Conservation Commission 4 North Water Street Nantucket. Massachusetts 02554 to stay in line with the other houses. This extention will put them closer to Town property and the coastal bank. MINUTES 6/22/89 Page 36 Mr. Smith agreed with these comments but commented that it would have no significant impact to the area. Mr. Wasierski states that the building could have been moved further away from the bank during the renovation. Mr. Avery comments that the foundation repair was all hand dug and the building was not moved. MOTION: To approve the work as a minor modification to he Order of Conditions was made and seconded. in favor: Visco, Dunn, Borchert opposed: Wasierski c. SHARP/KILVERT - SE~8-519 (26-22) - MINOR MODIFICATION Don Visco and Lee Dunn abstain from the discussion. Representing the applicant Melissa Philbrick of Vaughan, Dale, Philbrick; Jeff Blackwell of Hart and Blackwell Surveyors; and Randy Sharp. Mr. Willet reads the inspection report made on June 5, 1989. The applicant is asking for changes in design for both bridges, change in routing of the driveway, change in house siting. The report talks about the use of retaining walls to raise the grade on the approaches to the bridges. After some discussion the Commission approves the design change for the bridge closest to the house, commenting that the ground should slope upward on both sides of the bridge. The use of a retaining wall and fill will be allowed there. Mr. Borchert commented that the bridge closest to Polpis Road needs to be lowered. He asked how high off the bank it is ? THe response was that it was three feet, four inches. Mr. Sharp comments that to cut off the pilings would require ....."....~ ,~~14TUeJr~4l. "-()~~~~~, Ji~Y ~~\ !~!' \~~ tOt-I. - jlJll \'"'- -,- -,'. .., ~ /.. .~---= .- ....\~.;,. - i~1 ,.,.^... -'-'ft:=..,..=-- .. '0 ~ II! .. '0 .... .... ... r:> il!~'P .......... ~. !l.~ ORA1~ ..., .........". Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 37 digging a big ditch to provide access. Mr. Borchert states that this is not what we made you do. Mr. Wasierski, after reveiwing the sketches, comments that the design is shaky. The dotted line is not signed. He comments that the Commission is partially to blame, we did not do our homework. Mr. Borchert asks how much fill is needed per side ? The response is eleven yards per side. Mr McKelway asks if the approaches to the bridge are not solid ground, will they rut out from car tires digging in at the edge of the bridges? Mr. Wasierski comments that the bridges looked monstrous from the start Mr. Borchert commets that there are no retaining timbers in the drawing. Mr. Blackwell states that it was a field decision so not to disturb the bank. Mr. Borchert comments that if they needed help, then they should have asked the Commission first. MOTION: To approve the use of the retaining wall on the bridge nearest the house was made and seconded. UNANIMOUS Ms. Philbrick states that the bridge closest to Polpis road will be screened. It was a field decision to protect the interests of the wetlands. Mr. Wasierski asks about the use of wooden ramps to minimize the erosion due to vehicle wheels and reduce the need for fill. Mr. Blackwell comments that they will consider the suggestion and the ramps will require more maintenance. Mr. Sharp comments that the change would result in the . ~"....~ ,~~14TUeJrl.' '--~~~~~ I~t . \"p~ t..o; :~i t:i", -f.. i \~- - 1":1 '\;~,.. ~ '-" ;: -y^... -'-'ft:=..,..=-- .' '0 ~ "'0" .... ... A iI!~,~.......;,~. ~ rORA1~ it"'" .........". Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 38 retaining wall being 6 ties high. {(6) - 6" timbers}. He says to cut the pilings will create a mess. Site work will reduce the visual impact of the bridges. MOTION: To hold over until next meeting was made and seconded. UNANIMOUS Mr. Blackwell discusses the proposed driveway design. His new handout shows the analysis of the effects of a five year storm. The design is to have the driveway crowned so to increase runoff to the sides amd minimize runoff directly into the stream. The plans are to curve the drive around the oak and remove one beech tree. Mr. Borchert comments that there should be a slight upslope approaching the bridges to prevent water from running directly into the stream. MOTION: To allow the new driveway design as a minor modification was made and seconded UNANIMOUS Mr. Blackwell discusses the proposed house site movement. He suggests a 5 foot move . That would allow a six foot space to the 25 foot buffer zone. A two foot high retaining wall around the house will maintain a grade elevation of 12 feet. The scrub oaks will stay. MOTION: That proposed house site change is a minor modification was made and seconded. UNANIMOUS d. WATER TESTING IN QUIDNET,GIBBS POND, ETC. Mr. McKelway states that he has made arrangements for the Health Department to take water samples of the wells in Quidnet. The cost is $ 360 for the twelve tests. .. ' ..-"~ ,~~14TUeJr;'~ L()r~~;\ Itf. \"'~ .0;~~U\2 t .. , 11Jl. ...\~ Sf". . ~-~-"-. ~ I~I ......~.. ~"-;: ,("~ -'-'ft:=..,..=-..........,o~:' ~,009::..........~. " .,......,rORA1~ :t'O~ .............". Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page 39 In the case of Gibbs Pond he comments that he has had toruble setting up a good study of Gibbs Pond and other ponds and streams that could be receiving residues from pesticides or fertilizer at the cranberry bogs. He reminded the Commissionof his recent memo, in which he explained that it was now necessary for one of the Commissioners to call Russell Lawton, who leases the bogs from the Nantucket Conservation Foundation. A meeting has to be arranged soon between Lawton and representatives of the U. Mass. pesticide lab in time to start sampling in July or August. Lawton needs to know that this is something that the Commission wants. He asks the Commission if they are willing to spend up to $ 2,000 on the project. There is the possibility of partial state funding. Mr. Visco comments that there is to much emphasis on Gibbs Pond. The public has no rights to the pond. We should concentrate on some other ponds. You could test the sediments in the ditch from Windswept and other ponds. MOTION: To spend up to $ 2,000 to test ponds and ditches such as Gibbs, Windswept ponds and Phillips Run and other ditches. UNANIMOUS e. SMITHS POINT - Mr. McKelway asked if the Commission wished to comment to the Selectmen regarding the closing off of some portions of the Point to vehicles. Mr. Visco comments that the Town does not own any land on the point and cannot do anything about the vehicles. f. BOAT WRECKS - Mr. McKelway stated that he has filed on behalf of the Commission a Request for Determination to clean up the marshlands by Consue Springs. g. APPOINT MEMBER TO PLANNING COMMISSION MOTION: To appoint Granville Cranston was made and , . . . &....~ NTUe I Ar~ ....J!!:~ ,~ 0" --<~~ It \"P~ _ . .U\!I. to: _jlJla ~i"- ~ -j' i . \~-~ ~- ....\ ~.;.. h"',{: ......'.. _. ,~.. '" ...."'::... -'-'ft:=..,..=-.:.........,o~ ~~P'''.'''':'~' ~, ORA1~..~ .....,.. Town of Nantucket Conservation Commission 4 North Water Street Nantucket, Massachusetts 02554 MINUTES 6/22/89 Page ~O seconded. UNANIMOUS h. NIGHTINGALE - SE~8-498 - ( 20-~2 ) Mr. McKelway reported that the eight trees had been planted with a minimal amount of damage. The work removing the suckers from the stumps and painting the stumps has not been done. MOTION: To write a letter requesting that the work be completed and set a deadline was made and seconded. UNANIMOUS 6. CORRESPONDENCE Summary given to Commissioners 7 . Approval of Minutes June 8, 1989 UNAMINOUS 8. BILLS TO BE PAID: MOTION: Approval made and seconded UNANIMOUS Mr. McKelway mentions to the Commissioners that there is a need for a second computer terminal in the office. After checking the 1989 budgets, there is sufficient funds to purchase one. Bruce has checked a number of sources and the cost will be approximately $ 1,800. This system will have to be approved by the Business Administrator and will be compatible with the system proposed for the Town. MOTION: To approve the purchase with Business Administrator's approval of the equipment was made and seconded. UNANIMOUS 9. FIELD INSPECTIONS: WED. JULY 5, 1989 ~ PM MOTION: To adjourn made and seconded UNANIMOUS at 11:1~ PM