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HomeMy WebLinkAbout1989-07-20 " .. . :~.....~ , . '-ir~?~~~14T~~~ .l'~ "'1-\ a~ \~~ t"oi ilJl! t:r,-. _ ~r: I ....\ ~ --"'"- i~1 ,,~^... -'-'ft:=..,..=-' .' '0 :' ',"'0" ...." :tti ~'::'''''''':'~. ~ "ORA1~....,,~ ...."... Town of Nantucket Conservation Commission ~ 4 North Water Street Nantucket, Massachusetts 02554 AGENDA FOR JULY 20. 1989 A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC B. PUBLIC HEARINGS 1 . 2. 3. 4. 5. 6. * 7. * 8. * 9. * 10. * 11. M & E Bonner - 28 Low Beach Road - SE48-541 ( 74-53 ) CMS Realty Trust - 120,122,124 T.N. Road (91-43,43.1,43.2) Old North Wharf - SE48 - 549 (42.3.1) Cont. until Aug. 17 Longview Realty Trust - 53 Madaket Rd. SE48-546 (41-326) Leibenhaut - 55 Madaket Rd. SE48-553 ( 41-327 ) McIlvain - 76 Millbrook Rd. ( 57-25 ) Ranney/Huber - 11 North Ave. ( 42.4.4 - 16 ) Greenberg Assoc. R.T. - 21 East Tristram Ave. - (31-3) Dias - 1 Pilot Whale Lane - ( 67-386,394-403 ) Cabral - 10 Pond Street - ( 56-294 ) Work/Childs - 28 Medouie Creek Rd. - ( 20-1 ) C. REGULAR MEETING 1. REQUEST FOR DETERMINATION a. Doucette - Grove Lane - (41-441) Withdrawal 2. CERTIFICATE OF COMPLIANCE a. Paradis - 28 Grove Lane - SE48-404 ( 41-436 ) b. Pierson - 68 Nobadeer Ave. - SE48-538 ( 88-57 c. The Wauwinet - SE48-482 ( 11-17 ) 3. ORDERS OF CONDITION a. Topham - 52R Tennessee Ave - SE48-552 ( 59.4-93,94 ) 4. OTHER BUSINESS a. Sharp/Kilvert - SE48-548 ( 26-22 ) drawing of screening b. Roll/Dorian - SE48-553 ( 92.4-86 ) footprint drawings c. Bovenzi, Inc. - SE48-543 (21-26.9) Clarification: Order of Conditions and delineation of house footprint and elevations. d. Hempleman - SE48-484 (29-14) Discussion e. J. & V. Nightingale - SE48-498 (20-42) Discussion f. Wetland Maps - discussion 5. CORRESPONDENCE 6. MINUTES: for June 22, 1989 7. BILLS TO BE PAID 8. FIELD INSPECTIONS - Monday July 31, at 4 PM * Denotes new application ** Abutter notification mailed late or overdue from last meeting /~ ~~/II'IM. ~~14TUeJr~t\ r:.:J~ J'o .., .~ f ~iS ~ ~~~j~i .\~J.' .\~~~-......~ ~~,.. ~~::- L" ;: -,.,(' -'-'ft:=~. .' '0 ;: ~........;~.... ~ "ORA1~_JIO~ .........- Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 MEETING MINUTES JULY 20. 1989 The meeting was called to order at 7:06 PM in the Selectmen's Meeting Room. Commissioners present were William Willet, Chairman, Lee Dunn, Donald Visco, Henry Wasierski, Granville Cranston; Administrator Ben McKelway, Secretary Bruce Perry. Absent were Commissioners Carl Borchert and Peter Dunwiddie. A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC Bob Conlin from the Inquirer and Mirror asks if the meeting with Russell Lawton concerning the testing of the cranberry bogs has been set up yet. Chairman Willet states that the final date has not been set but is expected in the near future. 8. PUBLIC HEARINGS 1. M & E Bonner - 28 Low Beach Road - SE48-541 ( 74-53 ) Representing the applicant was John Shugrue, Engineer Mr. Shugrue comments that he has the house plans that he has been waiting for. The new plans have moved slightly to the west and the north. Also, the septic system has been changed to fit into the lot. The plan shows all the decks and porches. Mr. Dunn comments that the Commission was adamant about the new building not going closer to the top of the coastal bank than the house plan previously approved (the Martha Wells application for the same lot). This previous Order of Conditions is still valid. Mr. McKelway comments that the previously approved house was 60 feet away from the top of the bank. Mr. Shugrue states that he does not feel that there is a coastal bank there as per the definitions. There is a small change in slope but it is not a bank. The dashed line is what somebody else represented as the edge of the coastal bank even though it is well outside the 100 year flood plain. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes July 20, 1989 page 2 Mr. Visco comments that he has a problem with two Notices of Intent on the same property. What is the reason for overriding the first Order? Mr. Shugrue responds that the reason is a change in ownership of the lot. Mr. McKelway adds that if the structure is only 42 feet from the bank, they will need a waiver. Mr. Visco adds that the questions that Mr. Shugrue has concerning the coastal bank are good and need to be resolved. Mr. John Martin is recognized by the Chair. He asks if a new site visit is needed with this revised plan? Mr. Willet responds that the Commission has been to the property twice and is familiar with the site. Mr. Martin states that he would like to see an additional site visit with the revised plan so the Commission can see the impact of the proposed project. Mr. Shugrue comments that the ridge height is 25 feet. Mr. Dunn reads a letter to Mrs. Martha Wells from the Commission dated September 5, 1986, concerning the environmental significance of the lots on 28 and 36 Low Beach Road. MOTION: To revisit the site and have the property staked was made and seconded. UNANIMOUS 2. CMS REALTY TRUST - 120,122,124 T.N. ROAD (91-43,43.1,43.2) MOTION To continue while awaiting DEQE file number at the applicant's request. UNANIMOUS 4. LEIBENHAUT - 55 MADAKET ROAD - SE48-553 (41-327) ~~14TUeJr~~ ~). <> . .,. 'I t~\~\ o ~1JI1 t:\'~~J': i .\,~..",,~ ~~.. ~~"'" '-" ;: ('~ -'-'ft:=--=-. ..........'0 ,/ o~p........;.~. # ORA1":......~ ......- Town of Nantucket Conservation Commission (508) 228- 7230 6 Chcstnut Street N anlucket, Massachusetts 02554 Meeting Minutes July 20, 1989 page 3 Present for the applicant were David and Susan Leibenhaut, Melissa Philbrick of Vaughan, Dale and Philbrick. Mr. Willet reads the inspection report stating that the opinion of the inspecting team is that the vegetation is less than 50 percent wetlands plant coverage; the standing water was possibly as the result of dirt from the ditch being deposited along the bank. In addition, the true wetland boundary is at the top of the bank and not the soft rush that is growing along the bank. Ms. Philbrick goes over the old plan and summarizes the results of the inspection and asks if any revisions need to be made to the plan. Mr. McKelway states that if the measurements are the same on the plan that John Shugrue is bringing, then no changes will need to be made. Ms. Philbrick comments that there are no changes in the structures, only the labeling of the ditch. The commission asks Ms. Philbrick to label the ditch, and she does so. MOTION: To close the hearing and issue an Order of Conditions for the property was made and seconded. UNANIMOUS 6. MCILVAIN - 76 MILLBROOK ROAD - SE48- ( 57-25 ) Present for the applicants were Lisa Standley of Daylor Consulting and Mark Avery of Design Associates. Ms. Standley presents a new plan and shows the changes as requested by the Commission and that the wetland boundaries have changed at the entrance to the driveway. Mr. Dunn comments that the wetland boundaries now are following the driveway and that the driveway is slumping into ~ ~~14TUeJr~~ ~,. (> .-s." ~ "p'S ~~ U\- 01 _jlJll I-X~ '~. ~" i . ~~'W:- ':7./: ...... ~~ ---il\" ~........ -f'L~- .' '0 $ .. ',,. ... ....... !Ii 0.9,~'''''''';.~. ., rORA1~,.......~ ..........- Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street N antueket, Massachusetts 02554 Meeting Minutes July 20, 1989 page 4 the wetland. This property has been through five notices already. Ms. Standley comments that improvements to the driveway could be incorporated into a new Order of Conditions. Mr. Visco states that the DPW will try to make improvements to the public way and allow boat launching into the pond. When these improvements will be made is unknown. They may even put a culvert in the ditch under their mosquito control authority. Ms. Standley states that it may be inappropriate to ask her clients to make improvements because the Town is going to make the improvements. She adds that the new plan will pull the new and existing driveway by the garage outside the 25 foot buffer zone. The areas will then be revegetated. The garage is where proposed in the beginning. The driveway surface will be as before - gravel and crushed stone. Mr. Willet asks what will be used to revegetate the disturbed areas? Ms. Standley responds that natural grasses and some lawn. Mr. Dunn reiterates that he feel that this is a very intense use of basically an island site. The wetlands disturbance will increase with the use and with the increase in landscaping. Ms. Standley responds that the addition is a small structure. The additional gravel instead of grass is only in a small section. There will be only a small amount of change. Mr. Avery submits to the Commission the plan filed with HDC for the garage. It is proposed to be 20 x 20, for one car, and have a ridge height of 15 feet. Mr. Willet asks if the owners would be willing to restrict the future use of the garage to prohibit habitation as was the case with the McCullough property. ~~14TUeJr~~ C]'" ~o .'So\ ~~~- of . lilt 1-\" J' i ..\~ '". ~~_.. ~~~","-I.~'I ''C-... -'-'ft:=--:::>-. /i '0 ~ o~''''''';. ~.'" ORA1~.....~ ......... Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street N antuckct, Massachusetts 02554 Meeting Minutes July 20, 1989 page 5 Mr. Wasierski comments that he would like to see the buffer area grow up to its natural state and that there be some elimination of the turning area. Mr. Avery comments that the extra area is for visitor parking. Presently, there is no space for additional parking. This will have little impact on the area. Mr. Visco comments that the area should not be impervious. Mr. Dunn adds that he is opposed to the increase in use. He would like to see increased undisturbed area go back to its natural state and not mowed. The driveway needs to be cleaned up. Presently, the haybales are being used as a retaining wall for the driveway. Ms. Standley comments that an environmental fabric could be used to hold back the drive and allow revegetation to occur. Mr. McKelway comments that there has no DEQE number issued due to the absence of page 3.3 of their NOI filing. MOTION: To continue the hearing for more information and the receipt of a DEQE file number was made and seconded. UNANIMOUS 7. RANNEY/HUBER - 11 NORTH AVE - SE48-556 ( 42.4.4 - 16 ) Nobody was present for the applicant. Mr. McKelway comments that the abutter notification was mailed improperly. The applicant has since renotified abutters and will be able to open the local hearing at the next meeting. Mr. Willet reads the inspection report: The lot contains a drainage ditch, a manmade pond with cattails and standing water. The ground was spongy and damp on the mowed trails. Without mowing sensitive fern and other wetland plants would take over quickly. The natural vegetation is very dense and contains many wetland plants. ~ ~~14TUeJr~~ r:.:J~ ). .... .~ f ~ ~ ~J'rii .~~~ ~~.. ~~~;::o-I.~'i C'..... -'-'ft:=~'....'''''O J' <>~'''''''.~' , "ORA1~_......'" ..........- Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes July 20, 1989 page 6 The inspection team recommends denial of the application because the entire lot has more than 50 percent coverage by wetland plant species and is therefore unbuildable. Mr. Visco comments that there must be some high land on the lot. Mr. Wasierski comments that the land goes lower from the way towards the cattail swamp. Mr. Dunn asks if a consultant should flag the swamp. MOTION: To continue the state portion of the public hearing for a site visit by Peter Dunwiddie, DEP (formerly DEQE) file number and representation by the applicant was made and seconded. UNANIMOUS 8. GREENBERG ASSOC. R.T.- 21 EAST TRISTRAM AVE. - (31-3) MOTION: To continue the state portion of the public hearing for more information and DEP (formerly DEQE) file number. The local portion was not opened due to improper abutter notification. Made and seconded. UNANIMOUS 9. DIAS - 1 PILOT WHALE LANE - SE48-554 (67-386,394-403) MOTION: To continue the state portion of the public hearing for more information and DEP (formerly DEQE) file number. The local portion was not opened due to improper abutter notification. Made and seconded. UNANIMOUS 10. CABRAL - 10 POND STREET - SE48-555 (56-294) MOTION: To continue the state portion of the public hearing for more information and DEP (formerly DEQE) file ~~14TUeJr~~ ~~ ,. ... .~ ~:~~~\ .,~)::1 ~.. ~~=- .1.." ;: ',<,~ -'-'ft:=..,..=-o ./ '0 ;: O~p........;;~.""~" ORA1~......1J" ......- Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes July 20, 1989 page 7 number. The local portion was not opened due to improper abutter notification. Made and seconded. UNANIMOUS 11. WORK/CHILDS - 28 MEDOUIE CREEK RD. - (20-1) Present for the applicant was Bob Emack of Nantucket Surveyors. Mr. Emack shows plans that have the wetlands boundaries, building envelopes, septic systems marked. He comments that all the envelopes meet the separation regulations. The driveway is in excess of 25 feet from the boundary, the buildings are greater than 50 feet and the proposed septic systems are greater than 100 feet from the boundaries, with one exception: A portion of one driveway is still within 25 feet of the swamp on the other side of the paved road, and technically needs a waiver. The new plan includes the change in wetland boundaries as a result of the field inspection by the Commission, with follow up by Peter Dunwiddie. The envelopes contain all structures, bulkheads,decks, etc. Mr. McKelway asks where the change in grade for the wetlands is located. Mr. Emack responds that there is a dropoff just outside the building envelopes. There are plans to contour the grading away from the structures. Mr. Willet asks if there is any proposed ridge heights? Mr. Emack responds that the lot is on a private road with a gate. He did not have any elevations yet. Mr. Wasierski comments that there would not be a problem with scenic views only the wildlife will be effected Mr. McKelway asks if the house would be visible from Polpis harbor. Mr. Emack responds that it would be a small speck if at all. He adds that the only change from the plans filed with Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes July 20, 1989 page 8 the Determination is to increase the wetlands boundaries and add the isolated wetland as requested by Peter Dunwiddie. Mr. McKelway comments that we are still waiting for a file number and would like to see some elevations if possible. MOTION: To continue for file number from DEP (formerly DEQE) was made and seconded. UNANIMOUS c. REGULAR MEETING 1. REQUEST FOR DETERMINATION a. Doucette - Grove Lane - (41-441) Mr. McKelway states that the Request was withdrawn by the applicant without a Determination. 2. CERTIFICATE OF COMPLIANCE a. Paradis - 28 Grove Lane - SE48-404 ( 41-436 Present for the applicant was Stephen Paradis Mr. Willet reads the inspection report. There is a 6 foot wide strip of vegetation along the ditch. Some spots on the lot have sparse vegetation. There is a box with a two inch PVC pipe that drains into the ditch, this was not in the plans submitted with the NOI. The Commission still needs letter from engineer stating completion and conformity of the project. Mr. Paradis comments that the vegetation that is near the siltation fence has grown up. The box in question is for rain collection. It collects from two downspouts and the sump pump in the crawl space. The pump has not been put in yet and the hole is about as deep as the footings. Mr. Visco states that the does not have a problem with he drain if it is collecting only the roof and basement water. ~~14T~~ ~~ .,. v .~ f \"P is ol~~U\i -;IJI t-\" - ~,. i ..\~~./~ ~~,.. ~~","-i~1 -'(- -'-'ft:=~. .' '0 ;: ~........~." ~4' ORA1~.......~ ......-- Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes July 20, 1989 page 9 The lot is sitting on a perched water table and the drain will help the house. Mr. McKelway comments that the vegetation is spotty. Mr. Visco responds to give it a chance. You cannot keep that vegetation from growing. Mr. Dunn comments that he has no problem with the drain pipe as long as it collects only the roof and foundation drains. I would have concern if it were to collect the driveway runoff. Mr. McKelway suggests leaving the siltation fence up until the lawn is planted. MOTION: To continue for plans and the receipt of a letter from engineer was made and seconded. UNANIMOUS b. Pierson - 68 Nobadeer Ave - SE48-538 ( 88-57 Mr. Visco abstains from the Commission's discussion Mr. Willet reads the inspection report and the recommendation for approval if the old septic pit has been fill ed . Mr. Visco comments that it was not an old pit. It was just brick block hole. There is no need to fill it in. MOTION: To issue the Certificate of Compliance was made and seconded. UNANIMOUS c. The Wauwinet - SE48-495 & 482 ( 11-17 Representing the applicant was Jim Grey. Mr. McKelway comments that the trees are dead at the corner of the tennis courts. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes July 20, 1989 page 10 Commissioners suggest that a variety that is more tolerant to shade be used to replace the dead ones. Mr. Willet comments that the Commission still need a letter from an engineer that there are no substantial changes from the approved plans of the project. The same letter is needed for the overall project also. Mr. Grey ask for the release of the letter of credit that the Commission had requested. MOTION: To continue for the receipt of the engineer's letter and to release the letter of credit for the S. J. Wauwinet Trust with the Certificate of Compliance was made and seconded. UNANIMOUS 3. ORDERS OF CONDITION a. Topham - 52R Tennessee Ave - SE48-552 (59.4 - 93,94) MOTION: To issue the Order of Conditions as drafted with the comment that in Section 13 the prohibition of a coastal engineering structure does not mean a pier or floating dock that may be applied for later was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS JOHN G. AND ALVIN S. TOPHAM DEQE FILE NUMBER SE48 - 552 ASSESSOR'S MAP 59.4, PARCELS 94 & 93 52R TENNESSEE AVENUE UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) UNDER THE NANTUCKET WETLANDS BYLAW: ~P.14TUelr.~ r:.:J~ ,. " .~ f "P ~ ~~~i~i .~~J:I ~~~.,,,, ~-:., ~~"'" "-" ;: ''(- -'-'ft:=--",>-o .' '0 ;: ~........~...., ORA1~....~ ......... Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 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 specific 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 shall be staked as described in the Notice of Intent. Erected to prevent siltation of the salt marsh during construction, the fence 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. Because the applicant has assured the Commission that the shed and the walkway will both remain water-related structures, primarily for fishing, this project does not require a waiver. If the structures were not water-related, they would not be allowed so close to the marsh. 5. The shed must remain the same size and shape. 6. Members, employees, and agents of the Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions and performance standards stated in this Order and the Nantucket Wetlands Regulations and may require the submittal of any data deemed necessary by the Commission for that evaluation. 7. The applicant, owners, successors or assignees shall be responsible for assuring the lasting integrity of vegetative cover on the site and for preventing 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 the maintenance conditions are complied with as required by this order. 8. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 9. Used petroleum products from maintenance of construction equipment and construction debris shall be collected and ~~14TUeJr~t\ r:.:J~ J- .., .1- ~~"'U.\ o . lilt t:r'~~~J':i ~.. ~~-i~1 ~~ -'-'ft:=..,..=-...........,o rF o~p........;.~. ., ORA1~....~ ......" Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 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 designated wetland. 12. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 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. UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT: 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 specific 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 shall be staked as described in the Notice of Intent. Erected to prevent siltation of the salt marsh during construction, the fence 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. Because the applicant has assured the Commission that the shed and the walkway will both remain water-related structures, primarily for fishing, this project does not require a waiver. If the structures were not water-related, they would not be allowed so close to the marsh. 5. The shed must remain the same size and shape. ..~ ~~14TUeJr~~ ~~ )<0 v .1- f~~- of _'Ult "'X" ~- . - -J' ; . , ~ .... ~:::---: --.....~ ~~,.. ~~"'" /.l\ ;: ''(>... -'-'ft:=..,..=-. ..... '0 ;: o ~::........;; ~.... ~.. "",,:!"ORA1~,J&'O"~ -...........,...- Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 6. Members, employees, and agents of the Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions and performance standards stated in this Order and the Nantucket Wetlands Regulations and may require the submittal of any data deemed necessary by the Commission for that evaluation. 7. The applicant, owners, successors or assignees shall be responsible for assuring the lasting integrity of vegetative cover on the site and for preventing 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 the maintenance conditions are complied with as required by this order. 8. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 9. Used petroleum products from maintenance of construction equipment and construction debris shall be collected and disposed of off-site. No on-site disposal of these items is allowed. 10. 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 designated wetland. 12. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 13. Section 310 CMR 10.30 (3) of the Wetlands Regulations, promulgated under MGL Chapter 131, Section 40, requires that no coastal engineering structure, such as bulkhead, revetment, or seawall, shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. ### Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 14 b. Leibenhaut - 55 Madaket Road - SE48-553 ( 41-327 MOTION: To issue an Order of conditions based on the outline of additional special conditions (below) and the plan submitted tonight by John Shugrue after the hearing was closed. Conditions discussed: 1.) The septic has 100 foot setback from the wetlands boundaries. 2.) The driveway has at least a 25 foot setback from the wetlands boundaries. 3.) A siltation fence be erected along the drive to prevent erosion and that this fence not be used as a retaining wall for the driveway. Was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS SUSAN AND DAVID LEIBENHAUT DEQE FILE NUMBER SE48 - 553 ASSESSOR'S MAP 41, PARCEL 327 55 MADAKET ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) UNDER THE NANTUCKET WETLANDS BYLAW: The project is approved, contingent upon the 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 specific 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 a line of haybales shall be staked as shown on the final approved plan. The siltation fence or haybale line, erected to prevent siltation of the wetland during construction, will also serve as a limit of activity for work crews. It shall remain in good repair during all phases of construction, and ~ ~~14TUeJr~~ C]~ .,. .... .~ ~:~~~i .\~J:i ~~"~&s-","-i~1 -....~... -'-'ft:=..,..=-....... ~ :' o i;::......... ~.r.; , "ORA1~_.......<# ..........- Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the Commission. This siltation barrier may not be used as a retaining wall for 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 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. 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 the 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 the 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 maintenance of construction equipment and construction debris shall be collected and disposed off-site. No on-site disposal of these items is allowed. ~"'14TUelr.~ ~~~ (t- it ~-~) .\ "'r"-"~_ - I.....~ ~~,.. ~~","-;,,;: ""...._ -'-'ft:=..,..=-o .. '0 ;: ?'~ ." "Ii: .. O~p........it~. , ORA1~...~ .......... Town of Nantucket Conservation Commission (508) 228- 7230 6 Chcstnut Street Nantucket, Massachusetts 02554 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 in or near designated 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 wetland boundary, which is the top of the bank of the ditch. This requirement takes precedence over the plans. 13. Natural vegetation between the wetland edge and the project site will be left intact except where it is necessary to temporarily use this area. After construction, any disturbed area within this buffer area will be revegetated. However, there must be a 25-foot undisturbed buffer zone on the upland side of the wetland boundary. 14. The driveway must be at least 25 feet from the wetland boundary and constructed of pervious materials. 15. The septic system leaching field must be at least 100 feet from the wetland boundary. UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT: The project is approved, contingent upon the 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 specific 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 a line of haybales shall be staked as shown on the final approved plan. The siltation fence or haybale line, erected to prevent siltation of the wetland during construction, will also serve as a limit of activity for work crews. It shall remain in good repair during all phases of construction, and ~~14TUeJr.~ ~~ )<- ... .~ ~~_~i t-X;"'~- . ~J' ; . ., ~ .... ~- -.- ~~.. ~~~=:--I.,r:1 "..... -'-'ft:=..,..=-o .,.' ~'O ,/ o~p"""":'~. ., ORA1~....~ .......... Town of Nantucket Conservation Commission (508) 228- 7230 6 Chcstnut Street Nantucket, Massachusetts 02554 it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the Commission. This siltation barrier may not be used as a retaining wall for 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 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. 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 the 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 the 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 maintenance of construction equipment and construction debris shall be collected and disposed off-site. No on-site disposal of these items is allowed. Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 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 in or near designated 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 wetland boundary, which is the top of the bank of the ditch. This requirement takes precedence over the plans. 13. Natural vegetation between the wetland edge and the project site will be left intact except where it is necessary to temporarily use this area. After construction, any disturbed area within this buffer area will be revegetated. However, there must be a 25-foot undisturbed buffer zone on the upland side of the wetland boundary. 14. The driveway must be at least 25 feet from the wetland boundary and constructed of pervious materials. 15. The septic system leaching field must be at least 100 feet from the wetland boundary. ### 4. OTHER BUSINESS a. Sharp/Kilvert - SE48-548 ( 26-22 ) Donald Visco and Lee Dunn abstain from discussion. Mr. McKelway comments that the Commission is waiting for a screening plan for the bridge. b. Roll/Dorian - SE48-553 (92.4-86) Donald Visco abstains from the Commission's discussion. Representing the applicant are Aileen Barth and Steve Thoreaux of Aileen Barth Associates. ~ ~~14TUeJr~~ C]~ .,.. ... .~ f~~\ ~i" -j~l . , ~~ -'1. J · I ~- .~ ~.s.. ~~~"'"- i.i\'1 ''(-... -'-'ft:=..,..=-' ..... '0 ;: o ~::-.......;; ~.... #'" rORA1~ :t'O~ ......... Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 19 Mr. Thoreaux shows plans that have been redrawn from the last meeting to clarify the proposal. He comments that the new proposal has a smaller footprint and a smaller building. They had also had the property resurveyed by Hart and Blackwell and came up with some discrepancies from the previous plan. The actual siting of the old building is different than the approved plan. He asks that the approved plan be modified to represent the existing conditions. The new drawings have the new deck two feet closer to the bank than the previously approved footprint. Mr. Dunn comments that the old deck was approximately 20 feet from the bank on the last inspection. It looks on the new plan that it is only 14-15 feet away. Mr. Thoreaux responds that the new first floor deck is 19 feet from the bank. Mr. Dunn asks if the deck could be moved to 21 feet from the bank ? Mr. Thoreaux states that it is possible for the first floor deck. Mr. Dunn comments that he does not feel that the Commission can approve anything closer to the bank. Also, is the second floor deck closer to the bank than approved before? Mr. Thoreaux states that they have pulled the building back nine feet at that point. The second floor deck will have two columns that extend two feet past the old footprint. Ms. Barth comments that in the spirit of compromise this should be allowed. She had reduced the footprint and changed the roof lines to reduce the massing of the original plan submitted. Mr. Dunn states that Linda Heurlin had represented to the Commission that the new house would be no larger than the existing one. It seems to be more massive building. He asks if the applicant will agree not to enclose the underneath the second floor deck ? Town of Nantucket Conservation Commission (508) 228- 7230 6 Chcstnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 20 Ms. Barth agrees not to enclose. MOTION: To approve the change as a minor modification with the following stipulations: 1.) The first floor deck be brought back to 21 feet from the bank. 2.) The second floor deck will be constructed as proposed. 3.) The applicants agree not to enclose underneath the second floor deck. Was made and seconded. UNANIMOUS c. Bovenzi, Inc. - SE48-543 21-26.9 ) Present were Peter Bovenzi, Mary Ann Hanley of Reade and Alger, Glen Thorsen architect. Ms. Hanley states that they had requested this item be put on the agenda was to ask some clarification to the Order of Conditions. Item 16 of the Order requires the ridge height to be less than 45 feet above mean sea level. Mr. Thorsen adds that the preliminary house plans have a building height of 24 feet. If we were to put the house on the highest point on the lot, the ridge would be 42 feet above mean sea level. ( He shows the Commission the locations of the house and garage/studio on his plan. ) The intent of this discussion is to reassure the potential buyers of the property that this meets the Order of Conditions. Mr. Dunn comments that it looks like what the Commission approved. He suggests that the people who construct the house will have to file a Notice of Intent for some siltation fencing for the driveway, house site and septic layout. Mr. Visco responds that if the project is outside the 100 foot setbacks then the Commission has no jurisdiction. Mr. Dunn comments that the Commission had a lot of trouble approving such a vague plan. There are no limits of work, driveway plan, septic layout. Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 21 Mr. Bovenzi responds that the reason that they are here is because the Conditions were vague. We wanted to make sure that what we are planning fits within the intent of the Order. Mr. Thorsen adds that the potential buyers want to minimize the impact of their house on the property. They are planning a small house (3 bedrooms) and realize the sensitive nature of the property. Mr. Dunn comments that the builders should come before the Commission for a minor modification for some siltation control when the house and driveway are being constructed. MOTION: To agree that the preliminary drawings shown to the commission appear to comply with the Order of Conditions that were issued on the property was made and seconded. in favor: opposed: Visco, Cranston, Wasierski Dunn d. Hempleman - SE48-484 29-26.9 Present were Philip and Colleen Hempleman Mr. Ted Tillotsen states that the lawsuit filed against the Town has been dropped by the Hemplemans and has been agreed upon by the counsels involved. The paper work is at Town Counsel's office. Mr. McKelway comments that he had told the Hemplemans that the Commission needed to see some confirmation in writing that the suit had been dropped before the Commission would take up this matter. Mr. Tillotsen responds that he resents the implication that a member of the bar would attempt to mislead the Commission. If counsel agree that the suit is dropped, then it is dropped. To mislead the Commission is grounds for disbarment. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chcstnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 22 Mr. Hempleman reports on the situation. He comments that his family desire to seek some solution. He had tried to address the deck with the builder, Robert Sarvis, and has gotten nowhere. The present deck is a hazardous situation for children. It is non-functional because of its size and it is causing the dune to be destroyed because everybody is walking on the dune instead of the deck. He proposes to build a larger deck, move the dune towards the harbor two feet, build it up, revegetate the dune to make it permanent, and put up a railing to keep the children off. Mr. Willet asks how large a deck is requested? Mr. Hempleman responds that it would not extend as far out as the neighbor's decks. Presently the deck is slightly more than three feet wide, what we are proposing is to make it 12 feet wide, out to the railing of the stairs. Then we will rebuild the dune and revegetate to protect the house. Mr. McKelway states that the Hemplemans are not in compliance with items seven and eight of their present Order of Conditions ( SE48-273 ). There has been no revegetation of the dune and there has been several denials of Certificate of Compliance for this and other reasons. In a previous filing the Commission has denied a deck and bulkhead and it was upheld on appeal to the State. The denial was for a 11 feet wide deck and now the applicant is asking for a deck that is one foot wider than what was denied. In a letter to the Hempleman's dated September 18, 1986, the Commission does not allow any expansion of the deck. The letter commented that a previous owner had agreed to a smaller deck to allow for more living space within the residence. He further adds that if the Commission would change its mind on this matter, it would be just the sort of change that the public is worried about concerning the use of buildings in the Old North Wharf Project. Also, to expand the deck should require the filing of a new Notice of Intent. Mr. Visco comments that the conditions have changed. Mr. Willet states that the dune needs to be rebuilt and the original Order needs to be worked with. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chcstnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 23 Mr. Dunn comments that he has gone through the file named Steele (SE48-273) for the property and reviewed the Order of Conditions for that filing. He states that the house has been built lower than shown on the approved plans and the top of the dune has been lopped off. He adds that he remembers the file clearly because it came about soon after he was appointed to the Commission. There is no Certificate of Compliance for the property and it probably will never get one as it is built now. The Commission was fully aware of the situation on the lot and worked long and hard defending the present Order. Mr Hempleman responds that the problem now is that the dune is falling apart and the deck is too dangerous to use. We were under the impression that the builder was representing our desires to you. Mr. Willet states that knowing the history of the house in might be possible to even out the deck so that is six feet wide the full width of the house. Mr. Dunn states that he would like to see the dune replaced to resemble the approved plan and then come back to the Commission. Mr. Hempleman states that the neighbor's deck extends 25 feet in front of his house. It is much farther out than even his proposed expansion. Mr. Dunn comments that the Commission has to deal with the project as proposed, not the adjacent properties. Mr. Hempleman responds that the 6-foot deck does him no good. He adds that he is willing to compromise on the width. Mr. Wasierski states that he would like to see an as- built plan for the property as it sits now. He would like to compare the present conditions with the ones on the approved map and see how far out of whack it is. Mr. McKelway adds that there is correspondence to the Hemplemans denying the Certificate of Compliance and stating why. ~ ~Jl.14TUCJr~~ r:.:J~ )<0 ... .~ f "P- o~~~i "'x" ~. Sf)... . ~ 'do ~. ".. ~~ ',,,,"-/~'I ~('~ -T<-3ffi .....'0 ;: O~p........;;~." ,... ORA1~_.....~ ..........- Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 24 Mr. Wasierski adds that he had been to the property the first winter after the house was built and the majority of the erosion of the dune was due to wind scour and not the children playing on the dune. Mr. Dunn suggests the applicants restore the dune to its original condition and then live with the approved conditions. Mrs. Hempleman comments that the wider deck will help protect the dune because people will be able to walk on the deck instead walking around the deck and on the dune. Mr. Hempleman adds that they are willing to reduce their proposed deck to ten feet in width and asks for Commission approval of the compromise. Mr. Wasierski responds that initially two and a half years ago the dune extended all the way to the base of the stairs to the beach. Now because of all the wind scouring a lot of sand has been removed. Mr. Visco reminded the Commissioners of recent court decisions that allow property owners to push blown sand back onto beaches without informing the Commission. Mr. Wasierski reads the September 18, 1986 written letter to the Hemplemans and comments that nothing has been done since then. The letter was written to you personally. If nothing was getting done then you should have had it done yourselves. He suggests that the Hemplemans fix the dune, get a Certificate of Compliance and then come back to get a larger deck. Mr. Visco comments that the Commission seems to be out to punish the present owners for the mistakes of the previous one. He is the only lot in the area without a bulkhead. Mr. Willet comments that they have dropped the lawsuit and maybe we can compromise on the deck width. ~~14T'U~Irt' ~~ )- ... .~ f.~~\ or 'IJI~ t:\,,- ~~i'. i .\;zr.::.~-.I..:~ ~~_.. ~~","-I.^";: ''(-... -'-'ft:=....=-- J' '0 ;: o i;j;-.......;;~ .... ,.. ORA1~ :t'''~ .....'" Town of Nantucket Conservation Commission (508) 228- 7230 6 Chcstnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 25 MOTION: To have the Commission members inspect the property on their next inspection day (July 31) was made and seconded. UNANIMOUS e. J & V Nightingale - SE48-498 (20-42) Mr. McKelway states that he at the Commission's request had written Mr. Nightingale in late June. He had been given until July 11 to complete the work (removing the suckers and painting the stumps). The work has not been completed as of yet. He wanted some direction on how to proceed. After some discussion, the Commissioners decided to contact Mr. Nightingale and tell him to complete the project by the next meeting or the Commission will take some other actions. f. Wetland maps Mr. Dunn comments that Building Commissioner had approached him some time back about some maps that include the wetlands on the island. It would assist him with building permits. Mr. Willet comments that it is difficult for him to determine himself. We should suggest that if he has any problems that he should ask the Commission or Ben to help. Mr. Visco adds that applicants usually have agents that are familiar with the procedures on the island. g. Planning Board Referral Blueberry Pasture Mr. McKelway comments that this is a cluster subdivision between Milestone and Polpis Roads. He had inspected the property with Renee Ceely. He says that lots 3,4,5,6 may fall under the Commission's jurisdiction. The Commissioners decide to send the Planning Board a letter informing them of this matter. 6. Minutes of June 22, 1989 Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 26 MOTION: To approve as drafted was made and seconded. UNANIMOUS 7. BILLS: Ben McKelway (Seminar expenses> Unanimous Approval MOTION: To adjourn the meeting was made and seconded. UNANIMOUS 10:32 PM