HomeMy WebLinkAbout1989-07-20
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Town of Nantucket
Conservation Commission
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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
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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)
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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
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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.
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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.
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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
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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.
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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:
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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