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HomeMy WebLinkAbout1989-09-14 ... 'f' ......',....~ ,. ~~14TU eJr;.",.... ~()r-~1-~~ It! ' \"P~ t"OI _:~i J-:~.~.: ~i. = . \ ., _ -'!:;. .. a ........,.-..=- - ~ ,."".,.- v.... ~~; 1"- ~ ,...."... -'-'ft:=.....=-- ..' '0 ~ iI! 0'" ." ... ~ "'...... '9 ,:..........Ii). ~ ",,',"ORA1~ it....,.; ............,,,. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 MEETING MINUTES SEPTEMBER 14. 1989 The meeting was called to order at 7:12 PM in the Large Group Instruction Room at the Nantucket High School. Present were William Willet Chairman, Commissioners Donald Visco, Carl Borchert, Lee Dunn. Also present were Ben McKelway, Administrator, and Bruce Perry, Secretary. Absent were Commissioners Henry Wasierski, Granville Cranston and Peter Dunwiddie. A. COMMENTS FROM PRESS AND PUBLIC None B. PUBLIC HEARINGS 1. LONGVIEW REALTY TRUST - 53 Madaket Road - SE48-546 (41-326) MOTION: To continue the hearing due to lack of representation and more information was made and seconded. UNANIMOUS 2. DIAS - 1 Pilot Whale Lane - SE48-554 (67-386,394-403) Representing the applicants was John Shugrue. Mr. Shugrue submits a revised plan showing a shifting of the proposed road eastward to reduce the amount of wetland filling required. He comments that there will be only 362 square feet of wetland to be filled. The regulations allow 500 square feet to be filled without replication. The applicants have an old Determination stating that this is not a wetland. Mr. McKelway responds that it was not a Determination. It was a Planning Board referral only. Mr. Dunn asks if there is a contour line for the finished fill? ~ ~~1.j)t(il t2rJ-~lq~ A r~b~H M.?6W1-~ . 1 ....',.."~ ,~~~TUeJr;" L~-.r-~~<s Iff. \"p~ -o:&~. J,~U\~ I ' _.IJI~ II-i~~:' : \ . \ .?,,-~~ ~1::! ~~.. ~~"'"- i"- 1 " co..... -'-'ft:=-.=-' .........'0 ,:' ~- oJ? ::.......... ~. ~ "'?4lIo'.'"ORA1~ it"'''' -........."", Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes September 14, 1989 Page 2 Mr. Shugrue responds that another plan could show it. The plans are to take an easement on the lot and move the road eastward. Mr. Visco asks if there would be any problems at the Planning board level with the change in the road? Mr. Shugrue responded that he did not anticipate any. The applicants own the property at the shoulder. He adds that there are no plans to do any compensatory work due to the steep slopes on the site. To do 362 square feet of replication would damage to 1200 square feet of wetland. The work would cause a large scar on the landscape for the little accomplished. The wetland elevation is at twelve foot contour. As you can see on the plans, this contour is very narrow due to the steep slopes. Mr. Dunn responds that some compensatory work must be done. At least 400 square feet is needed. Mr. Shugrue responds that if the Commission wants this work then he would do it, but he will only do 363 square feet. It could be put into the Order of Conditions. Mr. Borchert responds that the Commission needs the proposed work on a plan. We need haybales identified, final elevations, the proposed easement shown on the plans. MOTION: To continue the hearing at the request of the applicant and the receipt of additional information was made and seconded. UNANIMOUS 3. SWIFT - 7 Old Quidnet Milk Route - SE48-554 (20-54.3) Representing the applicant were Melissa Philbrick of Vaughan, Dale and Philbrick, counsel and Jeff Blackwell of Hart and Blackwell, surveyors. Mr. McKelway comments that the Commission has heard from the Mass. Natural Heritage Program and they comment that this project is near but not within the actual habitat of the . r ~.,.......," ~TUC ,~ L~~-~~ It I "'"P~ "0:' \U\i tl-:"'" ~ ~i~: .\., _ ~'!.i~! ...... ...:::-. -. ~.. \:~-.. ~'-~=- 1."- ~ -y^, -'-'ft:=--"""" ..' '0 :' ,"'0'" ." ... ~ "'...' ~p........... ~. ~ ..,..,.' ORAlv ,....-.; ..........."". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes September 14, 1989 Page 3 spotted turtle and that the project should "not adversely impact the habitat of this species." Mr. Willet comments that the Commission was looking for some specifications an the proposed bridge. Mr. Blackwell responds that there is no other agency that will review the bridge construction. Because it is a small bridge on private property it is largely unregulated. Mr. Visco comments that he got the impression that the applicants were going to came back with some specifications on the bridge. We have to be consistent and have a bridge that will support construction and possibly emergency vehicles in the future. We need to see the vehicle loadings. I still believe that a precast culvert is the best way to go. Mrs. Philbrick states that the Commission has the location of the bridge. Are they requiring plans with an engineers stamp an the design ? Mr. Visco states that if the Commission wants a bridge then we should get a design that is properly done and shows the wheel loading. Who is going to be to blame when emergency vehicles get bogged down on the way out to the property? Mr. Dunn adds that the Commission's interest lies in the protection of the ditch. We need to make sure that large trucks do not get bagged dawn in the ditch. Mr. Blackwell submits a plan showing the calculations on the fill needed around the bridge. He estimated that just over two yards will be needed. Mr. Willet reads a letter from the applicant that requests the necessary waiver for the driveway. Mrs. Philbrick request that the Commission close the hearing at this time and issue an Order of Conditions at the September 28 meeting. It would be helpful to the applicant. .. . "".......11I, ..- Jl.14TU eJr.'~ ~~~--.-.t)-~6 ;t~ ~/ ".1-""'<$ if I "."'P~ -o:~~4,\U\;' t . -.IJI~ I-i~~_~.~-i. : . t;.~_~ _ ~'!.I...:i ........... ~ - .,..... '1.....,.. ~--=';r;g"'" I^' ;: ,'....C'... ~- ..' '0 :' iI! 0'" ." >.; !:' "6..: '1/ ,.:........~ ~. ~ "'",;!.ORA1~ ~...... ..........."". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes September 14, 1989 Page 4 MOTION: To continue the hearing for more information and the receipt of the additional plans for the bridge was made and seconded. UNANIMOUS 4. WRIGHT/HORGAN - 29 Medouie Creek Road - SE48-565 (14-35) Present were John Horgan, lot owner; Kevin Dale of Vaughan, Dale and Philbrick, counsel; J. Gwynne Thorsen, Architect; and Bob Emack of Nantucket Surveyors. Mr. Dale comments that since the last meeting the applicant has done some research into the Tupelo tree. It has been discovered that the root system for the tree is a deep vertical tap root and not a shallow horizontal common root system as was expressed last week. Mr. Thorsen adds that the machine used by the Dias' digs a hole 90 inches wide and 5 1/2 feet deep. Trees this size would have a tap root of only 3 1/2 feet long. Mr. Dias has a 90% success rate of his transplanted trees. There are 31 tupelos involved on the lot. Mr. Horgan states that he has found three or four commercial nurseries that grow and sell the tupelo trees. The nursery's problem with transplanting the trees is the long tap root and not a wide common root system. The cost ranges between $160-200 per tree. A tree two inches in diameter is expected to be eight years old and the four inch trees are about twenty years old. Most of the trees on my lot are less than four inches in diameter and therefore have grown since I bought the lot. Mr. Thorsen submits a plan showing how and where the trees would be transplanted. He adds that the existing grove is 38 x 30 feet in size. The grove will be removed like pieces in a pie. Mr. Dale adds that if the transplantation is unsuccessful the applicant is willing to replicate the lost plants. They are readily available at nurseries. I ~"....~ NTUe " ~ ~~--t~~ I. <y --t. ~~ l~l \F~ "0.1 .U\~ . i _:IJI;1 {I- \. ~~:;:; '. .. .- ----=~:. ..~ ~~'!..l~! '1.\ "- - ~-- lit ~ ~ 'y^, -'T'L~- .' '0 :- ''''0.... .... >,; ~.. it._, i9"..........~. ,," ....,...-.....ORA1... :t~"" '............'". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes September 14, 1989 Page 5 Mr. McKelway suggest that the Commission proceed with more caution. It still has not been determined if this is a wetland. There are virburmun plants in the area. They are considered facultative and could draw the Bordering Vegetated Wetland boundary to the tupelo grove. If the taproot for these trees is only 3 1/2 foot long, then maybe the water level is not so far down, or maybe it fluctuates. If the Commission is going to use soils in its determinations of the wetland, they need to get an expert hydrologist to provide the information, rather than going on assumptions. The applicant could be charged for this. There is vegetation such as high-bush blueberry underneath the tupelos, and this could support the conclusion that the grove is a wetland. Mr. Horgan responds that there is very little vegetation under the tupelos, only a few blueberry bushes at the edge of the grove. Mr. Dale adds that the plan is to move the trees and place them intact as possible. Mr. Willet suggests that the site be put on the inspection list and that the transplantation site be staked. Mr. Visco comments that the applicant is willing to transplant and replicate or do anything we want. In addition, it will let some light and air into his lot. Mr. Emack states that the soil has no organic layer at the top, the water level is at eight feet down, and there is not a clay layer to perch the water table. This does not describe a wetland. Mr. Dunn adds that the history of the site in relation to the zoning and development has to be considered. The applicant is willing to transplant and/or replicate the wetland. In addition the transplanting will solve the neighbor's view problem. The Commission needs a proposal on what you are going to do to the site. Make us an offer. MOTION: To continue the hearing at the applicant's request and for additional information was made and seconded. . ....-"..t.~l !lt~~~14TUelr;~", 1.~r-~1-"Jo~ If!. '"P~ "o:~~1t\U\i tl-i~~~:l~: ...~_~_~"!:./:s ,.... ~~ - .~-- i~i "-'1-^, ~~- .''0 ~ ''''0'' .......~ if._' '9::..........1;). ~ -"'..'rORA1'" ,..'I.'Ii ..........."". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes September 14, 1989 Page 6 UNANIMOUS 5. BOARD OF SELECTMEN - Sesachacha Pond - (23-2) Present for the applicant were Diane McColl of the DPW and George Andrews of the Pond Management Committee. Ms. McColl states that the pond openings in the Spring will be before the plovers nest and while the fish are running. Mrs. Mary Ellen Scannell is recognized by the Chair. She asks when the ownership of the ponds went over to the state? Mr. Visco responds that the Town owns the land under the pond. The beach went to land court and is now privately owned and the town cannot open without permission of the owners. Town Meeting has authorized three times that the Town purchase the property. The Town has not followed through with the purchase or a taking of the property. Mr. McKelway comments that he has spoken with Joe Freeman of the State's MEPA Unit. He commented that the state was disappointed with the Aubrey report. Freeman said it was a good study but not so good as a Draft EIR. Freeman said he had received comments from the DEP that there needs to be some more information in the following areas: 1.) A delineation of the BVW at the pond edge and its alteration as a result of the increase in the salinity with the pond opening. 2.) Storm and Flood control: Breaching the barrier beach and its effect on the dune system and permanent damage to the dunes. 3.) The performance standards of coastal beaches, coastal dunes and barrier beaches must be addressed. 4.) The effect of the pond opening on public and private water supplies in the area. .. . ~"....~ ,.~~llTUCI(;~, '--~~~?:~~ lt~ .....-:. ~o: 1 \(/1; tl-l _.lJIa i~.~ J*', ~i. : .~~ _ ~i:5 ;\.... -.; _.,......... 'It~" - -~::- .~"- ;: 'fro "..... -'-'ft:=--"",. .........'0 ~ ir._ 0 ~ ~........"' ~. ..~ ....,...',rORA1~ "....... ..........."". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes September 14, 1989 Page 7 5.) Protection of wildlife habitat and how will the pond opening affect wildlife. A wildlife assessment is needed. MOTION: To continue the hearing at the request of the applicant and the receipt of additional information was made and seconded. UNANIMOUS 6. NANTUCKET ISLANDS LAND BANK Lily Pond SE48-566 (42.4.3-47) Commissioners Donald Visco and Carl Borchert abstain from the discussion. Present for the applicant was Andrea Stevens, Resource Planner for the Land Bank. Mr. Bruce Bartlett, 8 Lily Street for 18 years, was recognized by the Chair. He comments that in 1976 the DPW cleaned the ditches. The property has grown in since then. He adds that he has no problem with the willow removal or the creation of the open water environment. Ms. Stevens responds that the Proposal is to clean out the ditches only and not to dredge them. Mr. Bartlett states that the ditches need to be dug out and cleaned. The overgrowth is choking out the ditches. Mr. Willet reads letters from: 1.) Virginia Townsend writes opposed to the pond for various reasons and concludes that she is "not convinced it is a realistic or practical project." 2.)Mr. Harvey Rosenwasser who is also opposed to the project and is responding to issues raised at the previous meeting. He fears the requirement of fencing around the area as a preventative to injuries to small children in the area. . . --a"',.....~ ~e~TUe ,~ ~ !<~-...!!..e-'t+. I. ~""'.1- "''$ l~ "."V~ "0: 1 \(/Ii t.......:- <,r:IJI.. '-i"'"" , ~,'.. . ~~__--~ I::! os.'~.. ~~"'"- /1\, 1 .'" ('..... ~-.....'",,'O ~ ".....0 ~ ;:.......... ~. ,~ V,,',"ORA1~ ,..,.. ..........."". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes September 14, 1989 Page 8 MOTION: To continue the hearing at the request of the applicant, for more information and a quorum c. REGULAR MEETING 1. REQUEST FOR DETERMINATIONS a. Sohn/Young - 50 West Miacomet Ave. - (86-52) Mr. Willet reads the inspection report recommending a negative Determination with the following conditions: no structure be closer than 50 feet from the landward edge of the dune, a 25 foot undisturbed buffer, and the septic leaching trenches be more than 100 feet from the dune. MOTION: To issue a negative Determination with the above conditions was made and seconded. UNANIMOUS 2. ORDER OF CONDITIONS a. Hugret - 11 Wauwinet Road - SE48-563 - (20-43) Commissioner Lee Dunn abstains from the discussion. Representing the applicant was John Shugrue. Mr. McKelway summarizes the draft Order. Mr. Shugrue comments that he would like to make a small change in section 12. The gallonage of 220 per day for a two bedroom house meets Title 5 at present. But the number has changed twice since the regulations were put into effect. He recommends that the draft be changes to reflect a two bedroom flow that meets Title 5 requirements. MOTION: To issue the Order of Conditions reflecting the recommended change discussed above was made and seconded. UNANIMOUS ~'II"~ ,~~14TUeJr;#"1& '-- ()~~~J- ~~ .l'~.v "~1-~ i~!1 ~~i tt-i~~-.~:' : . . -.,~- --=-~_.~ . -., .. a . ~_____ ~- 1........ <~" ~~"'"- 1."'- ~ .... "..... -'-'ft:=--=--.........'O.l "',,-o~::..........<;). "'~ "4lo.'rORA1~ "'....'Ii ............,,,. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes September 14, 1989 Page 9 (Note: While Mr. Dunn did not participate in the discussion or the vote, he signed the Order of Conditions to get the proper number of signatures.) ADDITIONAL SPECIAL CONDITIONS ALIXE HUGRET DEQE FILE NUMBER SE48 - 563 ASSESSOR'S MAP 20, PARCEL 43 11 WAUWINET 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: For the proposed septic system, the Commission hereby grants the applicant a waiver from Section 3.02(B)(4) and Section 3.03(B)(3) of the Wetlands Protection Regulations of the Town of Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136). Section 3.02(B)(4) requires 100 feet between a septic leach facility and a vegetated wetland. Section 3.03(B)(3) requires 100 feet between a septic leach facility and a stream. For the proposed addition, the Commission hereby grants the applicant a waiver from Section 3.02(B)(1). This section requires 50 feet between a structure and a vegetated wetland. There has been a clear and convincing showing by the applicant and her representative that there are no reasonable conditions or alternatives that would allow the project to'proceed in compliance with the regulations and that the proposed project will not have any adverse effect upon any of the interests protected by the Bylaw. Therefore, these waivers are granted under the authority of Section 1.03(F)(1)(a) of the Wetlands Protection Regulations of the Town of Nantucket. 3. Prior to any activity at the site, a siltation fence or a line of haybales shall be staked along the upland edge of the established wetlands boundary, or at a higher elevation. . .....,..."~ . ~~ft.14!.Ue/flt'ol. l'~r ~.'50"'io Itt. "'"P~ -O:~\U\;, t . _.V1~ I-:\':::=~::.;:o~....,~ ~i' : . --.,-~~ ... ..:t ......,..-..::-- ~-:.- "'-""~.. ~~","-l~$ , ".....~-..........'O$ ~-O~::..........~. r$' <w,"',rORAllio ...,'Ii ...,.........". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes September 14, 1989 Page 10 After the fence or haybales are installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for 48 hours after said notice is given, so as to allow Commission members time to inspect all siltation devices. 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 it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the Commission. 4. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from that shown on the plans referred to in the Order of Conditions. The as-built 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 Bylaw and the Regulations promulgated under the Bylaw, 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 monitoring 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 . ...-"""~ '..1~~TUC l Lr~~~ ~, .l'~ ..1-\ !~., \~~ tl-Ot -;IJI! \"'''' ~". - .~~ ~l.! .. ~ - ....... 4.. - -~"'" 1.1\ ;: '\ C';:.., ~-....''",,'O $ or..... 0 ~ ;:........:, '\). .$ .',,',"ORA1~ ,..,,, ..........."". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes September 14, 1989 Page 11 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 the maintenance of construction equipment, construction debris, and unused paint and paint- related products shall be collected and disposed of responsibly off the site. No on-site disposal of these items is allowed. 9. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 10. Any refuse material found on the site shall be disposed of at an approved landfill and in no case will these materials be buried or disposed of in or near a wetland. 11. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 12. Because the septic system leaching trenches will be so close to the wetlands, the flow of effluent may be no more than 220 gallons per day or whatever maximum flow is authorized for a two-bedroom home under Title 5 of the Massachusetts Environmental Code, and the house may never have more than two bedrooms, in order to prevent further contamination of on-site and downstream wetlands. This is an ongoing condition that shall be noted on the Certificate of Compliance. 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. However, there must be a 25-foot undisturbed buffer zone on the upland side of the wetland boundary. UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT: ..""u_.., ~ ~Tlic-~~ I:~~~-~~ ~tl \"'P'~ .0:1 ~U\"" t I _.IJI;1 t-.....":::: ~i. : . \ ~- - ~~ / ~ , .;... --.. --- ~~ ~ 'So. ~"':... -'-'ft:=..,.=-- - .' '0 :' ''"'0'' ....1\; ~.. .,.~, 19::........~ '\). ~... "',,''''ORA1~ ,..,.. -..,......."". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes September 14, 1989 Page 12 3. Prior to any activity at the site, a siltation fence or a line of haybales shall be staked along the upland edge of the established wetlands boundary, or at a higher elevation. After the fence or haybales are installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for 48 hours after said notice is given, so as to allow Commission members time to inspect all siltation devices. 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 it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the Commission. 4. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from that shown on the plans referred to in the Order of Conditions. The as-built 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 Wetlands Protection Act and the Regulations promulgated under the Act, 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 monitoring site activities so as to prevent erosion, siltation, sedimentation, chemical " ~,....~ . ,.~~~!.UCJr;'~,.. Ar~ ~J~ .,. ~ ~.1- '! l~i 1 .J,.~i II-l~~~.~i' : ,. \-,=~~~' '. I. ;r .~-_.:;>...- ....... "'~.. ~~"'"- /"- ~ ,C'.....~'..........'O~ "'.t.. 0-9 ::.......... ~. ..~ ".,-,I"ORA1~ .~...... ................ Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 13 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 the maintenance of construction equipment, construction debris, and unused paint and paint- related products shall be collected and disposed of responsibly off the site. No on-site disposal of these items is allowed. 9. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 10. Any refuse material found on the site shall be disposed of at an approved landfill and in no case will these materials be buried or disposed of in or near a wetland. 11. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 12. Because the septic system leaching trenches will be so close to the wetlands, the flow of effluent may be no more than 220 gallons per day or whatever maximum flow is authorized for a two-bedroom home under Title 5 of the Massachusetts Environmental Code, and the house may never have more than two bedrooms, in order to prevent further contamination of on-site and downstream wetlands. This is an ongoing condition that shall be noted on the Ce~tificate of Compliance. 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. However, there must be a 25-foot undisturbed buffer zone on the upland side of the wetland boundary. ### ~,.....~ · ,~~~TUel(;'~++-. L~~~-s.~io ItA ."V~ to:~\U\; I , _.IJI;1 I-\~ ~i': . ~~~~~ i ~I "'-\ ~~~.'f-.;. 't.. -..... '-~=- 1.."- ;: <:,' -'-'ft:=...=-- .........'0,:- ""'Oi;::........;;~. ~.. v....'rORA1~ it""" .............". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 14 3. CERTIFICATE OF COMPLIANCE a. Chase/Hill - 39 Quidnet Road - SE48-405 (21-26) Present were the applicant Sam Hill and Jeff Blackwell of Hart and Blackwell. Jeff Blackwell submits a letter certifying that the project was constructed as required by the Order of Conditions. He commented that the discrepancies were due to an attempt to go around existing vegetation. MOTION: To issue the certificate of Compliance as requested was made and seconded. UNANIMOUS b. Hamilton - 244 Madaket Road - SE48-344 (59.4-118) Commissioner Visco abstains from the discussion. Present were Robert Hamilton applicant, Kevin Dale of Vaughan, Dale and Philbrick counsel, Bob Emack of Nantucket Surveyors. Mr. Dale submits to the Commission the as-built plans for the house and septic including a letter from Nantucket Surveyors stating that the project complies with the Order of Conditions. Ms. Ann Martindale, an abutter living at 246 Madaket Road, was recognized by the Chair. She states that she has a large problem with the process used to allow this house to be built on this lot. Last December I came out for the Stroll and saw a large foundation on the property. This resulted in an enormous house that I did not know about. They received a state permit for three years but never posted the sign required in the Order of Conditions. The local permit allows only one year to be approved. This permit "expires after one year unless renewed." They did not do this. They should have been required to get a new permit. If they had, I would have been informed as to the size and scope of the project and been able to provide some input. In the State Extension ~"..tt~ ~~!-14!.UCJr;'~ /;r ~~\ _~:~\U\;, I _.IJI;l 'I-i~~' --<~i' : . ~~_=-- _ ~"'f..l...:1 ,\~...:::... - ....... 'St.~" - -~"'" /A ;: " <=-..... -'-'ft:=.....=-- ..........'O.$' ~_O~p..........~. ~ '""l.......O RAl ~ ....,,, ---....,," Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 15 Permit hearing, the Commission approved a house plan that was 50X larger than on the original as a Minor Modification. This change had a major impact on my view of the wetlands. In addition, the Commission also approved a waiver that allowed the deck to intrude three feet into the 50 foot buffer area. I need to know why this was allowed to happen. Mr. Willet states that originally the state permit was also for only one year. It was then changed to three years and the Commission did not change our forms until 1988. The Commission's policy up to that point was to follow the State guidelines. Ms. Martindale responds that the Commission is bound to its rules and regulations and cannot pick and choose which ones to enforce. The Commission should have given consideration to the scenic views from the existing structures in the area as the regulation requires. Mr. Dunn responds that the scenic view regulation concerns only the views from a public way. Ms. Martindale concludes that the Commission should deny the Certificate of Compliance due to the 50 foot infringement, the Commission allowed an extension of an already expired local permit without a new hearing and the failure to treat the plan changes as a major change requiring a new filing. This decision had a large impact on my house and I was not allowed to be part of the process. Mr. Dale comments that his clients acted in good faith and fulfilled the requirements of the Commission. The Commission's position at that time was to follow the state three year Order of Conditions. We feel that it is a little late in the day to ask for changes when the house is completed. The original Notice of Intent was published in the paper. To issue an Enforcement Order to move the house at this stage would a Draconian measure, at the least. It serves no purpose to deny this Certificate of Compliance. Mr. McKelway reads the inspection report commenting that the house appeared to meet the requirements of the Order of Conditions. .....'.".....11. I 6":i~14TUCJr. ~'" '--~(:,,, ~~?:::\ ;tj ~ 7" '..oS- ~ g~f~\~~ OJ _:1JI2 Il-:~j. : \.\.~~~.1::! \~" ~~"'"- '-"'- ~ iIJ "..... -'-'ft:=--=-- ..........'0 ~ iI'"."O~::..........~. ",4' ".,-,"ORA1~ ..."" ..........",,,. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 16 Ms. Martindale asks if the house was built 47 feet from the wetland? Mr. Emack responds that the house was sited exactly as required by the Order of Conditions and zoning requirements. Ms. Martindale adds that she does not feel that she had adequate notice that the work was going to be done. I knew that something was going to be built but I was surprised that my first opportunity to comment was after the foundation was poured in January. Mr. Dale responds that the Order of Conditions was recorded on the deed in 1986. The Extension permit was also recorded in 1988. It was available for public inspection from that time. Mr. Dunn states that the applicant followed the steps required by the Commission. It is regrettable that you do not feel that you had adequate notice. MOTION: To issue the Certificate of Compliance as requested by the applicants was made and seconded. UNANIMOUS (Note: While Mr. Visco did not participate in the discussion or the vote, he signed the Order of Conditions to get the proper number of signatures.) 3. OTHER BUSINESS a. Sharp/Kilvert SE48-548 (26-22)""" Mr. McKelway shows the Commission a drawing of the proposed screening plan for the bridge area. The Commission comments that it looks fine, thus granting the requested minor modification for filling and retaining walls on both sides of the bridge. The Commission had been waiting for the screening plan before taking action on this request. ~ .....,....."'Iq .. ~~~14TUCJr;~~ I.r~...1-."io ~ ... .. I~.~\~~ 0: ' _j1Jl2 {I- i" '-~' __-4":.Yi-,' : . . ~_~ - ~ I ~ $ ,.\ ~.-.::;;. - .,...... \1--." '-.-<> ...~"'" 1-" ~ .. "..... ~-.....'",,'O $ ~.t..o~::........:, Ii)' ~~ v'I..;!"ORA1~ it...... ..........."". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 17 b. Charles Gifford - SE48-525 (43-180) Present for the applicant was Bruce Killen Mr. Killen presents to the Commission a plan showing the overlay and demarking the changes from the approved plan. Mr. Borchert asks how much bigger is the new structure? Mr. Dunn asks for the elevations of the new buildings. Mr. Killen responds that he is unsure how much bigger the buildings are and the final elevations of the changes. After reviewing the revised plans, the following motion was made and seconded: To approve the changes as a minor modification. In Favor: Dunn, Willet, Visco Opposed: Borchert Mr. McKelway comments that he had been asked to inspect the siltation fence at the site and found some small violations with its installation. He recommended that Mr. Killen fix these violations before continuing the project. Mr. Dunn suggests that this project be put on the inspection list for next time. He wants the Commission to keep close contact with this project. c. Hempleman - continued d. James Hawkes - continued e. Petrucci/Bixler SE48-524 - minor modification Present for the applicant was John Shugrue Mr. McKelway comments that the Notice of Intent calls for demolition, reconstruction and addition but not to move or remove the house. Mr. Shugrue comments that the plans are to move the house in two pieces. We have applied for a building permit to move .. .. ~".."~ ,~~14TUeJrl"~ ~(>r~~1. :t~/1 \~~ t"oi _:1JI2 t:r,- -i'. i .~_ I... "'.. ~-:: -/~A'" ;: \;A_" -, ", '" -....^... -'-'ft:=--=- - .' '0 ,:> '" "0." .... '" ~.. .,~ '.9 p.......... ~ . ",.. 'r.;:'" 0 RA 1 '":......,.. ............".. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 18 the house but it has not been issued because the Notice does not say move. They plan to build the same house as approved but just start from scratch. Mr. Borchert asks if the new house going to have the same elevations? Presently the house has a low silhouette. Mr. Shugrue responds that the HDC has approved plans for the new house. Mr. Borchert states that we need to see the new plans and make sure that the house is the same. We are familiar with the existing house. A Commissioner asks about the foundation under the new house. Mr. Shugrue responds that there will be a need to excavate and make a new foundation. The old one is only made up of piers. MOTION: To continue the discussion for the receipt of new plans for the house was made and seconded. UNANIMOUS f. New Filing Forms ready: They incorporate the Nantucket By-Laws with the state forms. g. Public Hearing on Filing Fees: Mr. McKelway comments that with the adoption of the new regulations in 1988, the local $15 filing fee for a RFD was eliminated. In addition, the local fee for a NOI under the local by-laws was also eliminated. Mr. Dunn suggests that the staff prepare these and any other regulation changes and send them to the Commissioners for our review. h. Coast Sweep 1989 - Unanimous Commission endorsement. i. Harbor Planning Public Hearing Sept. 21 7 PM #' ......"....~l ~~ft.14!.ueJr;'t4t. ""F ~...-s.~~ ~ ". - I~., .J,\Tr.i tOi~ -ilJl~ t-\"' _ _ _,_ ~"., . \~-~- ~ I".~ U" ~'" ;: ,,,... -'-'ft:=.....=-- .........'0.:- if..O~........:;~. ",4' "?"",""ORA1~ ....'~ ..........."" Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 19 j. Letter from Melissa Philbrick to the Commission Mr. Dunn asks the point of the letter. Ms. Philbrick responds that she and her clients wanted to go on record with their concerns and reactions to other statements that the Commission has approved to be sent to other State agencies. Mr. Visco states that some of her points were well taken. Mr. McKelway sometimes drafts letter that the Commission reviews and send out. We are sometimes lax in our review of these drafts. There are some sweeping statements that were made in his letter. Also, he does not touch on the positive aspects of the wharf. The project cannot be all negative. Mr. Dunn agrees with most of Mr. Visco's comments and adds that Mrs. Philbrick also makes some sweeping statements that require a response. She comments in her letter that the channel will not be narrower at the completion of the project. At the field inspection, the bottles showed the limit of the piers but there are also overhangs planned for the project. These overhangs would make the channel narrower. Mrs. Philbrick responds that even with the overhangs, the wharf will not obstruct navigable waters. The comments were somewhat political in nature. Mr. Borchert states that politics have very little impact on the Commission. Mrs. Philbrick concludes that she strongly believes that official statements from the Commission should reflect the Commission's opinions as a whole. I do not believe that the Commission's views were reflected in these comments. Mr. Borchert responds that the channel does get narrower and the risk of chronic petroleum spillage from boats will occur with the additional slips proposed. He pointed out that Mrs. Philbrick was not present at the meeting where the Commission reviewed Ben's draft of the comments and approved them. 4. CORRESPONDENCE .- "", ..-',....~ ,...\~~TUe ,~ ~r~~~ ~, ~~ ..1-\ ~~~\~-: "of _:lJIi tt-i~~- ~i': . \-Z.r-=_=- _ ~ 1_:1 "...~...::;",. _.....tIIt "'~.. ~--~"'" l"- ;: '" ('..... -'-'ft:=-.-=--..........,o ~ il!._o~::..........~. ~ "?4lI.-.:ORA1... it"\'" .......... ....". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Additional Special Conditions page 20 5. MINUTES: Hold off until next meeting 6. BILLS TO BE PAID Nicholas Ferrantella Congdon's Pharmacy Ben Mckelway UMass. Cartographic Cape Office Products Johnson and Peterson Commonwealth of Mass. $ 100.00 34.65 30.00 6.50 24.90 36.50 1187 . 50 8. EXECUTIVE SESSION - Was not held Adjournment at 9:23 PM. (). fk<<rM tV. 'h !10 ft,l~ Nv'rtl1J{ c:t (~7Afr cu- rf;j/,'dtfr< 4~7f.