HomeMy WebLinkAbout1989-09-28
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
AGENDA FOR SEPTEMBER 28. 1989
A.
~OMMENTS AND QUESTIONS FROM PRESS AND PUBLIC
PUB.J7.lLljJ=:AR I NGS
1. Longview Realty Trust - 53 Madaket Rd. SE48-546 (41-326)
2. Dias - 1 Pilot Whale Lane - SE48-554 ( 67-386,394-403
3. Cabral - 10 Pond Street - SE48-555 (56-294)
4. Swift - 7 Old Quidnet Milk Route - SE48-564 (20-54.3)
5. Wright/Horgan - 29 Medouie Creek Road - SE48-565 (14-35)
6. Sesachacha pond - Board of Selectmen - (23-2)
7. Nantucket Islands Land 8ank - Lily Pond - SE48-566 (42.4.3-47)
* 8. Robert Kaye - Top Gale Lane - SE48-567 - (27-7)
* 9. R & E Pardi - 26 Washington St. - Nan89-01 (42.3.2-23)
* 10. B & M Perry - 4 Midland Ave. - (59.3-170)
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8.fGlJ.LAR MEET I NG
1. REQUEST FOR DETERMINATION
* a. Cherner/Powers - 192 Hummock Pond Road - (65-32)
* b. R & E Pardi - 26 Washington Street - (42.3.2-23)
* c. Harde et al - 83 Eel Point Road - (32-12)
* d. Weinmar - 79 Baxter Road - (49-32)
EXTENSION PERMITS
~ Town of Nantucket Surfs ide Treatment Plant
b. Town of Nantucket - Siasconset Treatment Plant
c. Heintz/Wolff - 29 Hinkley Lane - SE48-374 (30-22.1)
d. Wells - Low Beach Road - SE48-369 - (74-55)
CERTIFICATE OF COMPLIANCE
a. Airport Commission - SE48-349 - Fuel Pipeline
Q. Taylor - 61 Hulbert avenue - SE48-397 (29-10) Pier floats
c. Elliott - Elliot's Way - SE48-361 (92.4-319)
OTHn< BUS I i\JESS
2. Charles Gifford - SE48-525 (43-180) - Possible violation
b. James Hawkes - Ester's Island - Proposal and discussion
r Petrucci - SE48-524 - minor modification (move house)
d. Leibenhaut - SE48-553 (41-327) - Discussion
e. Gifford - SE48-535 (28-9) - Approval Conservation Restrictiol
e. Regulation and Fee Change Public Hearing
f. Package Treatment Plant Seminar - October 26
g. Cattails at Madaket Road Bridges - Discussion
CORRESPO\\lDENCE
6. MINUTES: for August 24, 31, September 14, 1989 at 7 PM
7. SILLS TO BE PAID
8. FIELD INSPECTIONS - Tuesday, October 10, 1989 4 PM
EXECUTIVE SESSION - PENDING LITIGATION
2.
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* 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
Meetinq Minutes September 28~ 1989
The meeting was called to order at 7:04 PM in the Large
Group Instruction Room of the Nantucket High School. All the
Commissioners were present along with Ben McKelway, Administrator
and Bruce Perry, Secretary.
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 for more information. Also to send a
letter to the applicants stating that if there is no
representation at the next meeting, the Commission will
close the public hearing.
UNANIMOUS
2. Dias - 1 Pilot Whale Lane - SE48-554 (67-386,394-403)
Commissioner Wasierski abstains from the discussion.
Present for the applicant waS John Shugrue, engineer.
Mr. Shugrue submits a new plan showing the new contours at
the end of work including the area to be replicated. He
comments that approximately 362 square feet of wetlands will
be filled and that it will be replaced with 400 square feet of
replication. The plans are to scoop out the replication area
and then add soil and plants from the area to be filled.
There was some discussion at the table concerning the
replication location and the fact that the plans that the
Commission has do not have the proper lots lines. The lines
were changed in 1982 during discussion with the Planning Board
to allow access to the abutting Ayer property to use the road.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnu: Street
Nantucket. Massachusetts 02554
Meeting Minutes September 28, 1989 Page 2
Mr. Dunwiddie comments that it would be useful to view the
2ctual replication location.
Mr. Dunn adds that the location would be fine as long as
other areas of wetland do not get damaged during the
replication process. There is no description of where site is
or what plants are going to be in it. I do not want to see
future Commissioners and staff confused as to which map is the
correct one.
Mr. Borchert asks when are you going to dig out to create
this It-Jetland.
Mr. Shugrue responds that you cannot make an wetland grow
on an upland. We plan to dig down to the same elevation and
then transplant the excavated material from under the proposed
road. ( Mr. Shugrue draws a line indicating that the haybales
will be located at the toe of the slope.)
A Commissioner suggested the use of jute netting to help
revegetate the roadside after filling.
Mr. Dunn states that he would like to have a plan that
clearly indicates what the project is going to do. I would
like to see all the aspects summarized on a plan.
Mr. Willet suggests that the replication be staked and
visited on the next inspection day. Mr. Shugrue agreed to
flag this area.
Ms. Lynn Zimmerman of the Nantucket Land Council suggests
that an inventory of the existing plants be developed. It
would be good information to know before the plants are moved.
MOTION: To continue the hearing for more information,
namely a consolidated plan of the work proposed. This plan
should show the whole project on one or two pages and
should include proper lot lines, wetland boundaries,
construction sequence, etc. This motion was made and
seconded.
UNANIMOUS
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes September 28, 1989 Page 3
Mr. McKelway was instructed to put the site on the schedule for
the next field inspections, for an inspection of the proposed
replication area and an inventory of the plants in the area to be
filled and the area to be replicated.
~. Cabral - 10 Pond Street - SE48-555 (56-294)
MOTION: To continue for more information and inspection
of the new wetland flagging was made and seconded.
UNANIMOUS
4. Swift - 7 Old Quidnet Milk Route - SE48-564 - (20-54.3)
Present for the applicant were Melissa Philbrick of
Vaughan, Dale and Philbrick and Jeff Blackwell of Hart and
Blackwell.
Mr. Blackwell submits an engineered plan of the bridge
across the ditch. He comments that the plan calls for concrete
headwalls to support the stringers that will support the
citch. The height of the curb has increased to 18 inches from
12 inches to allow better protection for emergency vehicles.
The travelled surface is planned to be two inches higher than
the last plan submitted. The dirt at the headwall will be
augured out and the remaining dirt will be removed by hand.
Mr. Borchert asks that the final Order of Conditions
include that method of construction.
MOTION: To close the hearing.
UNANIMOUS
5. Wright/Horgan - 29 Medouie Creek Road - SE48-565 (14-35)
Present were Mr and Mrs. John Horgan, property owners,
Gwynne Thorsen, architect, Kent Powell, Landscaper.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes September 28, 1989 Page 4
Mr. Dunn summarizes for the Commission what had occurred at
the last meeting and adds that the site is still somewhat a
mystery and the ease of moving these trees is still in
question.
Mr. Borchert reads letter from Kevin Dale, the applicant's
counsel, stating that Kenneth Greeno, an off island
landscaper, has transplanted tupelo trees with success. The
Wrights plan to move the trees in the Spring of 1990 to the
area on the submitted plan. They also propose to monitor the
transplanted trees for two years and during the Spring of 1993
replace any trees that have died with two inch caliper trees.
Mr. Dunwiddie asks the applicants if Mr. Greeno has
transplanted clonal trees. Nursery-grown trees are easy to
transplant because they are grown individually. The trees on
this property are clonal trees. He makes no reference to
transplanting clonal trees in his letter.
Mr. Powell responds that Mr. Greeno will be working for him
on this project.
Mr. Dunwiddie asks Mr. Powell if he has transplanted any
clonal trees and comments that the applicants are not
receiving accurate advice on this matter.
Mr. Visco states that the applicant has gone to great
effort and expense to meet the Commission's worries and
provide transplanting and replication plans. They are going
well beyond the requirements of the Commission. They need to
do this to allow a reasonable use of their property.
Mr. Dunwiddie responds that the Commission needs to require
them to more than the minimum. We need be sure that they are
going to transplant trees that are going to live.
Mr. Wasierski comments that this would be a good
opportunity for a test at somebody else's expense. The
applicant~ are guaranteeing to replace what is lost. We will
be able to go back and learn how the trees are surviving the
transplanting.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes September 28, 1989 Page 5
Mr. Borchert reads the latest inspection report and
comments that the letter from Bill Wilcox dated September 21,
1989 on watering procedures should be identified in the Order
Df Conditions.
Mr. Visco said he thinks it is in the applicant's own interest to
keep the trees alive, therefore a condition about watering
procedures would be unnecessary.
MOTION: To close the hearing and draft an Order of
Conditions for the next meeting was made and seconded.
UNANIMOUS
6. Sesachacha Pond - Board of Selectmen - (23-2)
MOTION: To continue the hearing at the request of the
applicant was made and seconded.
UNANIMOUS (Mr. Dunwiddie abstains)
7. Nantucket Land Bank - Lily Pond - SE48-566 (42.4.3-47)
Commissioners Visco and Borchert abstain from discussion
and any votes.
Present for the applicant were Dawn Darbey, Director of
the Land Bank and Andrea Stevens, Resource Planner for the
Land Bank.
Mr. Wasierski asks if DEP has been involved.
Mr. McKelway responds that they will review the project
when the Order of Conditions is sent up to the state.
Mr. Dunn comments that he has no problem with the project
but a lot of abutters' complaints need to be addressed,
primarily the issue concerning the increased danger created by
the pond.
Ms. Stevens responds that the deepest part of the pond will
be about seven feet with an average depth of five feet. The
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes September 28, 1989 Page 6
Soil Conservation Service recommends these depth to maintain
cpen water environment. The side slopes will be 2:1 in the
middle and 4:1 on the side that is now lawn.
Ms. Darbey adds that there was some concern over increased
town liability because of the pond. We have talked with
counsel and they feel that there is no problem as long as the
slopes are not any steeper than an child's arm length for each
body length. This would allow a child who falls into the pond
to be able to push up above the water. These dimensions would
rot increase the Town's liability.
Mr. Willet reads a letter from Lou Elliott opposing the
project.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
Mr. McKelway asks the Commission for some judgments he will
need in the preparation of the Order under state regulations.
There are three choices:
1. The project meets the performance standards of
the state regulations.
2. The resource areas are not significant to the
relevant interests.
3. The project can be considered a "limited
project" under 10.53(4). This would allow the
Commissioners to approve the project, even if it does
not meet performance standards, because they judge it to
be an improvement of the area's capacity to protect the
interests identified in the Wetlands Protection Act
(i.e. flood control, wildlife habitat, etc.)
The Commission advises that the project should be
considered a "limited project."
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes September 28, 1989 Page 7
8. Robert Kaye - Top Gale Lane - SE48-567 (27-7)
Present for the applicant were Foley Vaughan, counsel,
and David Haines of Haines Hydrogeologic Consulting.
Mr. Vaughan comments that he does not have the abutter
notification receipts. The Commission decided to open the
hearing under the State regulations only.
Before discussing the new Notice of Intent, the
Commissioners decide to discuss the changes that had been made
in response to several alleged violations of a previous Order
of Conditions CSE48-305). Mr. Haines summarizes what has been
done to the property since the last meeting with the
applicant. The decks have been removed; a new deck has been
put on the front of the building; fill has been removed at the
back of the building and a new wetland has been created with
plants and seed; peat has been brought in to stabilize the
sandy fill material; the portion of the siltation fence that
had blown down when Mr. McKelway inspected the site recently
has been repaired. The present NOI has been filed to complete
the tennis court. It only requires paving and a fence. The
filling and replication plans were approved in 1986. That
Order of Conditions since has expired. The replication is
going well and contains high bush blueberries, soft rush and
other plants. In this NOI, the court has been slightly reduced
in size to fit on to the already filled-in area.
Mr. Dunn asks the type of material being used for the court
surface.
Mr. Haines responds that it will be made up of an all-
weather surface. The composition will be asphalt-based with an
acrylic top. The retaining walls along the sides of the court
are to be 1-2 feet high. Some filled areas not needed for the
court will be excavated and the wetland replicated to the edge
of the retaining wall, creating an additional 350-400 square
feet of wet area.
MOTION: To continue the hearing for additional abutter
notification, more information and inspection by the
Commission was made and seconded.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes September 28, 1989 Page 8
UNANIMOUS
NOTE: Mr. Vaughan submitted the proper proof the next morning,
September 29, that the abutters had indeed been notified in a
timely manner.
9. R & E Pardi - 26 Washington Street - NanOl-89 (42.3.2-23)
Present was Glen Wills of Nantucket Surveyors
Mr. Willet reads the inspection report commenting that the
existing deck is fifty feet from the beach.
Mr. Wills submits abutter notification and a new plan
revised to show that none of the planned additions will go
closer to the harbor than the existing footprint. He adds that
the property slopes away from the harbor. There has been a
change in ownership, and the building is planned to be a
residence. The plans meet the 100-year flood plain elevation
and the new foundation will be made out of piers like the
existing foundation.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
10. B & M Perry - 4 Midland Avenue - (59.3-170)
Commissioner Visco abstains from the discussion and
vote.
Present was Bruce Perry, owner and applicant.
Mr. Willet reads the inspection report, which says the
wetland is 85-100 feet from the leach trenches but the wetland
boundary is uncertain.
Mr. Perry adds that the Notice is for replacement of the
failed system only. No expansion is planned. The location of
the trenches is dictated by the numerous well radii that cross
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes September 28, 1989 Page 9
the lot. The only location for the trenches is as shown on the
plan. The Board of Health has already granted a sideline
variance to allow the leach trenches to be five feet from the
property line.
Mr. Dunn requests a plan showing the wetland boundaries and
distances from the trenches. Mr. McKelway was instructed to
put the site on the list for the next field inspections.
MOTION: To continue the hearing for additional
information and a DEP file number was made and seconded.
UNANIMOUS
C.
REGULAR MEETING
1 .
REQUESTS FOR DETERMINATION
a. Cherner/Powers - 192 Hummock Pond Road - (65-32)
Present was Frank Powers, agent
Mr. Willet reads the inspection report, which recommended a
negative determination be issued for the tennis court and that
a negative determination be issued for the building site with
the condition that no structure be closer than the existing
dog kennel and that care be taken on the wetland side.
MOTION: To issue a Negative Determination with the above
referenced conditions was made and seconded.
UNANIMOUS
2. R & E Pardi 26 Washington Street - NanOl-89 (42.3.2-23)
Present was Glen Wills of Nantucket Surveyors.
MOTION: To issue a Negative Determination commenting
that the work is within the buffer zone but will not alter
the resource area was made and seconded.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket Massachusetts 02554
Meeting Minutes September 28, 1989 Page 10
UNANIMOUS
3. Harde - 83 Eel Point Road - (32-12)
Present was Mrs. Harde.
Mr. Willet reads the inspection report, which noted the
existing deck is 31 feet from the top of the bank at the
corner. The house is 45 feet from the bank. Mr. McKelway
recommends a positive Determination, noting that traditionally
the Commission has not permitted work at the Determination
level if the work does not conform to the Commission's local
regulations.
Mr. Dunn agrees and comments that he is reluctant to
approve any construction closer to the bank. He explains that
new construction within the 50-foot setback requires a waiver
~ven if it is no closer to the resource area than the existing
structure.
Mrs. Harde states that the deck needs to be rebuilt. She
explains that although she is requesting that the whole new
deck be slightly closer to the bank, the extension of the deck
to the west along the house is important to her because it
~ill cover rubble left when the house was moved.
After additional discussion the applicant agrees to extend
the deck sideways only, and angled somewhat, in order not to
build closer to the bank.
MOTION: To issue a Negative Determination commenting
that the work is within the buffer zone of a resource area
but will not alter the area and adding a condition
modifying the proposed plans so as not to allow any
construction closer to the bank was made and seconded.
So voted, with Commissioner Dunn opposing.
c. Weinmar - 79 Baxter Road - (49-32)
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes September 28, 1989 Page 11
Present for the applicant was Melissa Philbrick
Mr. Willet reads the inspection report, which notes that
the existing house is 62 feet from the bank. The addition is
proposed to be at the side of the house, no closer to the bank
and no higher than the existing house. Recommendation of a
Negative Determination.
MOTION: To issue a Negative Determination commenting
that the work is within the buffer zone of a coastal bank
but will not alter was made and seconded.
UNANIMOUS
2.
EXTENSION PERMITS
a. Town of Nantucket
b. Town of Nantucket
Surfside Treatment Plant
Siasconset Treatment Plant
Mr. McKelway reads the letter from Norman Lanman, project
manager for the Town, asking that due to the length of time
needed to construct the project, the extension be for two
years.
MOTION: To issue the extension permits for both
applications and waive the one-year termination and allow
two year extension for both Orders was made and seconded.
UNANIMOUS
c. Heintz/Wolff - 29 Hinkley Lane - SE48-374 (30-22.1)
Present were David Wolff, applicant, and Mark Avery of
Design Associates.
Mr. Willet reads the inspection report, which notes that
the request for extension was made in a timely manner but no
construction has begun. The house will be 30 feet from a steep
coastal bank. The inspector suggests that the house is closer
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes September 28, 1989 Page 12
than present regulations allow and that the house will be big
and stand out in the area.
Mr. Dunn asks why construction has not commenced.
Mr. Avery responds that the property changed hands last
year and the new owner has not been able to agree on the
design of the new house as of yet. The viewing platforms are
to get a view from the house as designed.
Mr. Dunwiddie comments that the three-year time limit on
Orders of Conditions allows for review by the Commission when
the time runs out. The regulations have changed and the
applicant should make changes to meet the new regulations.
Mr. Willet adds that the Commission has been granting the
one-year extensions.
MOTION: To issue the extension for one year was made and
seconded.
So voted, with Mr. Dunwiddie opposed
d. Wells - Low Beach Road - SE48-369 (74-55)
Present was Melissa Philbrick, counsel for the present
owner, Mr. Teasdale.
Mr. McKelway comments that this request was made the day
the Order of Conditions expired. The regulations require that
the request be made at least 30 days beforehand.
Mrs. Philbrick comments that the 30-day period allows the
Commission time to consider the extension before the
conditions expire. The applicant came to the Commission in
August of 1988 with the plan changes that he had designed, and
these were approved as a minor modification. The construction
has been tied up by approvals from other Town boards (i.e. the
Zoning Board of Appeals).
MOTION: To issue a one-year extension for the project
was made and seconded.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes September 28, 1989 Page 13
So voted with Mr. Dunwiddie opposed.
"
..::' .
CERTIFICATE OF COMPLIANCE
a. Airport Commission - SE48-349 - Fuel Pipeline
Present for the Commission was Jo-ann Norris, Airport
Manager.
Mr. Willet reads the request letter from Joseph Forns,
agent for the Airport Commission.
Ms. Lynn Zimmerman of the Nantucket Land Council comments
that notification was not given to interested parties at the
first unloading and she would like to be notified of the next
unloading and suggests that the Commission have a
representative at the unloading, also.
Ms. Norris states that the pipeline was designed four years
ago to handle a smaller barge, but a much larger barge was
used this first time. There was not enough water for this
barge, and we will use the smaller barge the next time.
Mr. C. S. Lovelace a Monomoy Resident comments that there
has never been 12 feet of water in that area. The Airport
Commission should have known that dredging of the channel
would have been required all along. I remember walking across
to Town on those marshlands a few years ago. All that I have
done is to give half the creeks and access to the harbor in
Monomoy to the Town and its people. The Town has entered into
a dangerous situation. Even with this temporary pipeline for
three years there will be a spill. There are 6,000 spills per
year in this country, only 22 of them are greater 100,000
gallons, two thirds come from barges and almost all are due to
human error. The pipe itself is made up of three-inch pipe
with 38 welds and no catch basin. The barge is supposed to tie
up to six pilings while unloading.
The Conservation Commission, Fire and Police
Departments, Land Council, and other interested groups should
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes September 28, 1989 Page 14
be notified and allowed to supervise the unloading of the
barges. We need to be sure that the pipeline holds up and that
the creeks are protected. The creeks and salt marsh are what
feed the community. Finally, I want the Commission to
understand that the pipeline will be there for more than three
yeal-s.
Mrs. Norris responds that the Airport Commission wants a
permanent off-loading area. The Coast Guard requested that the
flanges be designed as they are. Without fuel the Airport will
loose its certification.
Mr. Visco asks if the Coast Guard has approved the
operational manuals and if they are in place?
Mrs. Norris responds that the Coast Guard has reviewed and
approved the manuals. After the first unloading, they made
some additional suggestions on the operations. There are no
plans to dredge the area due to the removal of Army Corps of
Engineers funds and the temporary nature of the pipeline.
Mr. Dunwiddie asks what safety measures are in place.
Mrs. Norris states that accident procedures have been run
through as part of the training process. The fire and Police
departments along with the oil spill team were involved.
Ms. Zimmerman comments that she advocates the retention
boom be in place at every unloading. The closeness of the area
to the creeks, which is a nursery for marine animals, should
make it mandatory that it be put in place. I cannot imagine
that the Coast Guard would not want it deployed.
Mr. Lovelace adds that oil booms are in place at transfer
areas allover the country.
Mrs. Norris responds that the Coast Guard feels that
deployment would lead to complacency of the personnel handling
the fuel transfer,
Ms. Zimmerman states that the entire process of this
pipeline has been very difficult for the Land Council. The
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes September 28, 1989 Page 15
Airport's consultant has been very difficult to work with for
the whole process. The Commission needs to maintain the right
to review the project, as allowed by the Order of Conditions.
The Commission needs to protect the interests of the Wetlands
Act. If this structure were to become permanent, it would lead
to closing of the creeks and dredging of the unloading area.
There needs to be an continuing objective review of the
project.
Mr. Borchert asks what the Airport Commission is doing
about searching for a permanent site to offload?
Mrs. Norris responds that the Commission cannot start
looking for a permanent site until they have received the
Certificate of Compliance from this Commission.
Mr. McKelway adds that the quarterly inspections could be
placed in the Certificate of Compliance and be made ongoing.
Mr. Borchert asks that the letter from the Coast Guard
concerning the deployment of the oil boom be submitted to the
Commission.
Mr. Visco adds that it should explain the reasoning behind
their recommendation for not deploying the boom at every
unloading.
Mrs. Norris responded that the Coast Guard was worried
about the improper placement of the boom due to varying winds
and tides.
Mr. Lovelace states that when the barge comes in to unload,
you will know the wind direction and the tidal flow.
Mrs. Sue Mathews, a Monomoy resident, asks why the
Commission cannot go to the extreme in this case. The harbor
is so important to the island and needs to be protected.
Mr. Wasierski comments that the fuels being handled here
are volatile and may disperse more quickly if they are not
contained.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes September 28, 1989 Page 16
Mr. Visco asks what the operation manual says about
deployment.
Mrs. Norris responds that it states that the boom should be
immediately available in case of a spill.
Mr. Borchert asks if the offloading was observed by the
Captain of the Port.
Mrs. Norris states that the letter is in her office. He had
made some recommendation concerning denying access underneath
the pipeline. This may be accomplished by placing some pilings
on shore and by wrapping plastic snow fence material around
the pipe on the seaward end.
Ms. Zimmerman states that this is the frustrating part of
the whole project. The Airport Commission and their consultant
are planning additional work in a resource area that they have
not filed for; they have no approval to do it and are not
planning to come to the Commission for permission.
Mr. Glen Wills comments that there are two kind of booms
containment and absorbent. The containment type are not
expensive and do not require replacement after one use.
MOTION: To continue the hearing for more information and
plans was made and seconded.
UNANIMOUS
b. Taylor - 61 Hulbert Avenue - SE48-397 (29-10)
Mr. McKelway states that the submission was still lacking a
statement and signature of an engineer or surveyor as
required. The Commissioners decided to put off the matter
until the next meeting, since the request was incomplete.
c. Elliot - Elliot's Way - SE48-361 (92.4-319)
Mr. McKelway states that this request was received by the
office today and that he had not had time to inspect the
property.
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes September 28, 1989 Page 17
MOTION: To continue for an inspection was made and
seconded.
UNANIMOUS
4. ORDER OF CONDITIONS
a. Swift - 7 Old Quidnet Milk Route - SE48-564 - (20-54.3)
Mrs. Philbrick comments that the draft special conditions
prohibit grading of the driveway. Presently there is a bump at
the edge of tar road. My client would like to scrape the bump
down in order to be able to drive in. In addition, the
location of the driveway may call for the removal of a couple
trees also not allowed to be cut under the draft conditions. I
would like to suggest amending the draft by changing
conditions 14 and striking condition 15. After some
discussion, the Commission accepted changes to these two
conditions.
Mrs. Philbrick asks if the siltation fence needs to
parallel the wetland boundary as far as the house site. She
said that whether or not the wording of the Order is changed,
her client wanted some indication from the committee as to how
strictly Special Condition #3 would be enforced.
Mr. Dunwiddie responds that he feels a siltation fence
along the driveway where it goes near the swamp is sufficient.
After some more discussion Jeff Blackwell, surveyor for the
applicant, draws and initials the plans showing the location
of the siltation fence along the driveway.
MOTION: To issue the Order of Conditions as amended from
the draft was made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes September 28, 1989 Page 18
STEPHEN R. SWIFT
DEQE FILE NUMBER SE48 - 564
ASSESSOR'S MAP 20, PARCEL 54.3
7 OLD QUIDNET MILK ROUTE
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
3. Prior to any activity at the site, a staked siltation fence
or a line of staked haybales shall be installed parallel to
the upland edge of the established wetland boundary at the
highest elevation practical. 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
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes Sep~ember 28, 1989 Page 19
st2ted 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
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. 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 shall be replanted with native
plants. There must be a 25-foot undisturbed buffer zone on
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes September 28, 1989 Page 20
the upland side of the wetland boundary, except for sections
of the driveway (see final approved plan and waiver, below).
13. The driveway must follow the final approved plan so that its
northern end will be higher than the path originally
brushcut.
14. Except for small areas on either side of the bridge and the
berm near the paved road, there shall be no grading or
filling of the driveway, and no impervious materials shall be
deposited on the driveway.
15. No trees shall be cut, except those within the path of the
approved, relocated driveway.
16. There shall be no dredging or clearing or draining of the
stl-eam or swamp.
17. Utility lines to be buried under the driveway must cross
beneath the bed of the stream. This work is to be done
during the dry season.
18. Prior to construction of the bridge and the installation of
utility lines, siltation curtains shall be installed
immediately downstream from the construction area to contain
siltation. Disturbed portions of the bank will be
revegetated to maintain the physical stability of the bank.
19. Because of possible adverse effects on wildlife, no pesticide
shall ever be used anywhere beyond 15 feet from the house.
UNDER THE NANTUCKET WETLANDS BYLAW ONLY:
The Commission hereby grants the applicant a waiver from Sections
3.01(B)(3), 3.02(8)(1), and 3.03(8)(2) of the Wetlands Protection
Regulations of the Town of Nantucket, under the Nantucket
Wetlands Bylaw (Chapter 136). Respectively, these sections
require a 25-foot natural undisturbed area adjacent to and
pl-ohibit non-water-dependent structures within 50 feet of an
inland bank, a vegetated wetland, and an inland water body. In
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes September 28, 1989 Page 21
this case, the proposed driveway bridge will cross a stream
through a vegetated wetland, retaining walls will be at or
adjacent to the bank of the stream, and the driveway will be
closer than 25 feet to the vegetated wetland at other points as
well. However, the above-referenced regulations are waived
because the applicant has made a clear and convincing showing
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, a waiver is granted under the authority of Section
1.03(F)(1)(a) of the Wetlands Protection Regulations of the Town
of Nantucket.
###
4. OTHER BUSINESS
a. Charles Gifford - SE48-526 (43-180)
Mr. McKelway explains that a misunderstanding between the
contractor and the Commission on the erection of the
siltation fence has been cleared up, at least over the
telephone with contractor Bruce Killen. He showed the
Commissioners photographs of the sections of fence that were
improperly installed. He said he will inspect the site again
soon.
No action was taken.
b. Petrucci/Bixler - SE48-524 - Minor Modification
Present for the applicant were Melissa Philbrick
counsel and John Shugrue engineer.
Mrs. Philbrick reviews the old information and submits a
new plan of the house, which will have a solid foundation.
The issues on the movement of the house have been cleared up
but the appearance seems to be in question.
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes September 28, 1989 Page 22
Mr. Borchert comments that the new house looks like more
than a minor modification.
Mr. Willet asks if it is all on the same footprint.
Mrs. Philbrick responds that it is, and the wetland
issues do not change.
Mr. Willet comments that the project was portrayed to the
Commission as using the same structure and adding on to it.
Now you are completely removing the house and building from
scratch.
Mrs. Philbrick states that the building department will
not allow the structure to be moved because the Order of
Conditions does not state that it can be moved. The building
will go straight out the driveway and do no damage to the
trees or wetlands in the area.
Mr. Dunwiddie comments that the NOI calls for
reconstruction and addition, not moving.
Mr. Wasierski states that he must abstain from the
discussion because of a possible conflict with his town Job.
You are not allowed to move or demolish a house with out a
plumbing permit, and they have not asked for one, he
explains.
Mr. Visco asks what is the difference if they tear it
down on the lot and remove it in little pieces or move the
house as one piece?
MOTION: To consider the removal of the house and
construction of a new dwelling on the same footprint as
existing a minor modification to the Order of Conditions
was made and seconded.
In Favor:
Opposed
Dunn, Visco, Cranston
Dunwiddie, Borchert
d. Leibenhaut - SE48-553 (41-327) Discussion
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes September 28, 1989 Page 23
Mrs. Philbrick summarizes her letter commenting that the
proposed septic system is outside the jurisdiction of the
Commission.
Members of the Commission agreed, and no action was
taken.
e. John Gifford - SE48-535 (28-9)
Present were Melissa Philbrick, counsel for the
property owners, and Lynn Zimmerman, Assistant Director
of the Nantucket Land Council.
Mr. McKelway states that the changes made in the
conservation restriction as a result of input from DeRensis's
office leave out the Commission and the Board of Selectmen as
the oversight and sign off parties, respectively. The Land
Bank Commission has already signed the restriction. The
Gifford's want to be sure that the Commission is happy with
these changes.
Mr. Willet comments that there is an Order of Conditions
still in effect and will allow supervision of the project.
Ms. Zimmerman adds that if the Land Bank should fail to
enforce the restriction the Commission may want to step in
and enforce.
MOTION: To accept the Conservation Restrictions as
changed by Town Counsel was made and seconded
UNANIMOUS
e. Regulation and Fee changes:
After some brief discussion the Commission decided to
continue the discussion until the next hearing.
f. Package Treatment Plant Seminar
MOTION: To send Bruce Perry to this conference on
October 26 in Boston.
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Conservation Commission
(508) 228- 7230
6 Chestnut Street
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Meeting Minutes September 28, 1989 Page 24
UNANIMOUS
g. Cattails at Madaket Road Bridges
Mr. McKelway states that the Commission had received a
letter asking the Commission to improve the conditions near
the Madaket Road Bridges. Mort Schlesinger wrote that some
cattails should be removed to allow improved fish migration.
Mr. Borchert suggested that the Commission look into the
ongoing Conditions created during the Massasoit Bridge repair
process.
Mr. Perry suggests the possibility of discussing the
removal with the company planning to do remove cattails in
the rest of Long Pond.
6.
MINUTES: August 24 and 31; September 14,
1989
Mr. McKelway suggests a clarification of the August 24
minutes to the approval of the Commission and the Commission
further approved the Minutes as amended.
7. Bills to be Paid
1. State Bookstore $
2. Nantucket Postmaster
3. Nantucket Office Products
4. Inquirer and Mirror
48.45
200.00
16.67
31.08
9. Executive Session:
MOTION: To adjourn into executive session for the
discussion of ongoing litigation was made and seconded.
UNANIMOUS at 10:50 PM
It was announced that the Commission would not be coming back
into open session.