HomeMy WebLinkAbout1989-10-12
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
MEETING MINUTES FOR OCTOBER 12. 1989
A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC
NONE
B. PUBLIC HEARINGS
1. Old North Wharf - SE48-549 - (42.3.1 -)
Present for the applicant was Melissa Philbrick of
Vaughan, Dane and Philbrick.
Mr. McKelway comments that the applicant asks that the
hearing be continued for two weeks. The reason was that the
scope of the DEIR from MEPA would not be issued until
tomorrow. The applicant has no additional information to add
at this time. On the other hand, the Commission has received
more letters on the application and included in your packed is
copies of information submitted by the Steamship Authority to
the people at MEPA. The Commission also has to tell the
applicants what specific information it desires from them. It
has been discussed but not formally requested.
MOTION: To continue the hearing for two weeks at the
request of the applicant was made and seconded.
UNANIMOUS
2. David Jay - 17 Quaise Pasture Road - (26-202,203)
MOTION: To continue the hearing until the meeting on
December 14, 1989 at the request of the applicant was made
and seconded.
UNANIMOUS
3. Longview Realty Trust - 53 Madaket Rd. SE48-546 (41-326)
Present for the applicant was James Glidden of Glidden
and Glidden, counsel.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 2
Mr. Glidden comments that Dick Earle (of Nantucket
Surveyors) has suggested that some limited brushcutting be
done in order to allow for easier access to the lot. Mr.
Glidden adds that he would like to continue the hearing until
the middle of February when the brush has died back and allows
easier inspection of the lot. He says that Mr. Earle could
provide a sketch of the brushcutting.
Mr. Dunwiddie asks if the wetland has been delineated. It
would be easier to make a determination with the leaves on.
Mr. Wasierski asks that the brushcutting be done by hand
commenting that it is easier to determine the plants while
they are alive and not cut down.
Mr. Borchert suggests that the applicant delineate the
wetlands now for inspection and that the house location be
inspected in February.
MOTION: To have the applicant delineate the wetlands
for inspection immediately, allow some brushcutting by hand
and have the close inspection of the property in the Winter
was made and seconded.
UNANIMOUS
4. Dias - 1 Pilot Whale Lane - SE48-554 ( 67-386,394-403
MOTION: To continue the hearing at the applicant's
request was made and seconded.
UNANIMOUS
5. Cabral - 10 Pond Street - SE48-555 (56-294)
MOTION: To continue the hearing at the applicant's
request was made and seconded.
UNANIMOUS
6. Sesachacha Pond - Board of Selectmen - (23-2)
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 3
Mr. Dunwiddie steps down from the Commission but
reserves the right to comment during the hearing.
Present for the applicant was Diane Coombs.
Mrs. Coombs states that earlier in the day the Board of
Selectmen had transferred $12,000 to be used by Aubrey to do
the studies requested by DEP. They need additional
clarification of the various resource areas.
Mr. Willet comments that it was his intention to ask to
close the hearing and send it up to DEP. This would allow the
applicants to talk directly with the State and get on with the
opening.
Mr. Dunwiddie comments that $12,000 seems to be a lot of
money to do the studies required for a NOl.
Mr. McKelway explains that the funds would be used to
provide additional information to DEP and MEPA. MEPA has sent
comments to Aubrey on his DEIR but has not formally responded
to the DEIR. Also DEP has sent its comment to MEPA on the pond
opening.
Mr. Borchert asks if the intent is to close the hearing at
the NOI level and talk directly with the state?
Mrs. Coombs responds that would be the case. This would
allow the town to talk with the state directly and get the
process going. They seem to be putting us off until this
hearing is finished down here.
Cheryl Creighton of the Nantucket Land Council comments
that the Executive Office of Environmental Affairs has
responded to the DEIR and suggested what more information is
needed to proceed.
Mr. Dunwiddie asks if this has anything to do with the
Commission? I think that this is down the line. The
Commission needs to make it clear that there are several
processes that need to be undertaken. Just because the
Commission does not require answers to the questions posed by
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 4
DEP and MEPA, does not mean that they will not have to be
answered at some time in the future.
Mr. Borchert comments that he would like to see the opening
dates to be more specific. Before it seemed to be at random.
We need to nail it down to a specific timeframe. Aubrey in his
report left it up to the local committees to determine the
best time.
Mrs. Coombs responds that the exact date of the opening
depends on a number of factors. If the winter is easy, the
fish will arrive earlier than in hard winters. The wind,
weather and tides also play important parts. The exact timing
of the fall opening is not as critical as the spring opening.
If it is opened, the fish will leave. I think that a by - law
passed in 1929 requires a fall opening if the ponds are opened
in the spring.
Ms. Creighton comments that it is important to be specific
about the Spring opening date to protect the other interests
in the area.
Mr. Borchert agrees that the date needs to be narrowed
down.
Mrs. Coombs responds that a three week window for the
opening could be established and if the conditions are not
present during that time, the town will come to he Commission
to extend the timeframe.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
Mr. Willet asks what the DEP file number is?
Mr. McKelway responds that there has not been one issued as
of yet. DEP still has some questions that need to be answered.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 5
MOTION: To reopen the hearing due to the lack of a DEP
file number was made and seconded.
In favor: Borchert, Cranston, Willet
Opposed : Wasierski
7. Robert Kaye - Top Gale Lane - SE48-567 - (27-7)
MOTION: To continue the hearing at the applicant's request
was made and seconded.
UNANIMOUS
( Comment: Mr. Vaughan, counsel to the applicant, has
submitted abutter notification verification that did allow
that the proper notice had been given. )
8. Bruce and Michele Perry - Midland Ave. SE48-566 (59.3-170)
Present was Bruce Perry owner and applicant.
Mr. McKelway states that the applicant has submitted an
additional plan showing the wetland boundary and the location
of the pond. Also, there has been a file number issued by DEP
for this application.
Mr. Borchert asks if the state was satisfied with the
information received to date?
Mr. McKelway responds that there were no comments on the
file number letter.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
9. Barbara Collar - 17 Kimbal Ave. - (30-30)
Present for the applicant were Les Smith of Daylor
Consulting and Nanthan McMullan of Design Associates.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 6
Mr. McKelway reads the inspection report commenting that
the existing house is 44 feet from the top of the bank. The
proposed deck would be closer than the existing structure. The
applicant proposed to lift the entire house and construct a
new foundation that may be made of piers. The team commented
that if they were going to jack up the entire house then they
could move it back so not to need a waiver.
Mr. Smith submits a new plan with a slight revision in the
footprint. The resource affected is the coastal dune. This is
very stable and has built up 600 feet over the years
Mr. McMullen adds that the footprint has moved back one
foot and that the existing brick patio is becoming a deck.
Mr. Smith (submits some pictures) comments that in relation
to the neighbors to the East, the proposal will not be any
closer including the deck expansion. The proposal meets the
state performance standards because it will not decrease the
stability of the bank. The proposal meets the local standards
because there will be an 25 foot undisturbed buffer area
between the work and the top of the bank.
Mr. McMullen adds that presently the house is three steps
off the ground with little or no crawl space. The foundation
work will allow for more room under the house which will be
put back on at least 30 piers. The engineer's report suggested
that this work be done as soon as possible.
Mr. Dunwiddie comments that it is unclear on what grounds
the Commission can issue an waiver. The lawn already goes
right up to the top of the bank and therefore there is not an
undisturbed buffer. Why should we grant the waiver?
Mr. Smith asks if the Commission would entertain the idea
that the proposed deck have the same footprint as the patio
and revegetation of the buffer ?
Mr. Willet "Possibly"
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 7
Mr. Dunwiddie states that in many cases we get additional
filings as the property changes hands that go from patio to
deck to screened in porch to an addition.
Mr. McMullen responds that it is the intent these
renovations to upgrade the structure so that it will be usable
for the children. They want to keep it in the family.
Mr. Smith asks what the Commission is trying to protect?
The bank is over 600 feet from the water, protected from wind
scouring by vegetation, and has the buffer that will not have
any work done in it.
Mr. Wasierski comments that he would like to see the deck
the same size as the brick patio and the work moved back
outside the 50 foot buffer.
Mr. Smith states that he would like to go and talk with his
clients on these issues.
MOTION: To continue the hearing at the applicant's
request was made and seconded.
UNANIMOUS
~ REGULAR MEETING
1. REQUEST FOR DETERMINATION
a. Leinbach - 62 Monomoy Road (43-43,44,51,53)
MOTION: To continue the hearing due to lack of
representation and abutter notification was made and
seconded.
UNANIMOUS
b. Marinelli - 7 Columbus Avenue - (59.3-46)
Present for the applicant was Mark Poor, designer.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page a
Mr. Willet reads the inspection report commenting that a
negative determination be issued with a condition that staked
haybales be placed between the dirt excavated for the addition
and the wetland to prevent siltation of the wetland.
Mr. Poor comments that this is an existing structure. The
project will remove the old deck and replace it with one that
has less impact on the wetlands.
MOTION: To issue a negative determination that the work
is within the buffer zone but will not alter the resource
was made and seconded.
UNANIMOUS
c. Cross - Hulbert Avenue - (29-19)
Present for the applicant was Thomas Craddock,
caretaker for the property owners.
Mr. Willet reads the inspection report that recommends a
negative determination.
MOTION: To issue a negative determination that the work
is within the buffer zone but will not alter the resource
was made and seconded.
UNANIMOUS
2. ORDERS OF CONDITIONS
1. Nantucket Land Bank - Lily Pond - SE48-566 (42.4.3-47)
Mr. Borchert abstains from the discussion.
Present for the Land Bank was Andrea Stevens, Resource
Planner for the Land Bank.
Ms. Stevens suggests to the commission some minor changes
in Sections: #4 change to low ground pressure or by hand,
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 9
#5 allow the willows within the pond area to
be removed with the excavating equipment and that
pruning be done by hand,
#7 changed to allow the maintenance of
pedestrian corridors.
( these changes were allowed by the Commission)
#9 change to not require engineer or surveyor
stamped plans commenting that the plans submitted to
the Commission in the NOI were not drawn by an
engineer or surveyor.
Mr. Willet states that it is Commission policy to require
those plans to prove that the project substantially meets the
plan specifications. (change not allowed)
Ms. Stevens continues: #9 concerning the pipes on the
property. They are Town property and not the Land
Bank's responsibility.
#11 concerning the maintenance of
the outfall. It is the responsibility of the DPW to
maintain. They have a easement on our property to
allow access to the outfall
Mr. Willet comments that the final plans need only to show
the changes in detail within the limits of the work.
MOTION: To issue the Order of Conditions with the above
changes as approved was made and seconded.
in favor: Dunwiddie, Cranston, Willet
opposed : Wasierski
( Comment: Although Mr. Borchert did not participate
in the discussion or the vote, he did sign the Order of
Condition in order to have the proper number of
signatures due to Mr. Wasierski refusal to sign the
Order. )
ADDITIONAL SPECIAL CONDITIONS
NANTUCKET LAND BANK COMMISSION
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 10
DEQE FILE NUMBER SE48 - 566
ASSESSOR'S MAP 42.4.3 PARCEL 47
23 NORTH LIBERTY STREET
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
3. For any work that would regulate the outflow from the pond to
be created, including changes to the headwall or outflow
drain, plans must be approved by the Commission in writing
before such work begins.
4. The ditches, called "historical canal channels" in the Notice
of Intent narrative, shall be cleared of invasive vegetation,
not dredged. This work shall be done either by low-ground-
pressure equipment or by hand, to minimize adverse effects on
wildlife and wildlife habitat.
5. No more than six willow trees (shown on the final approved
plan) shall be removed from the site. Willows located within
the pond area may be removed by excavating equipment; others
shall be removed by hand to minimize adverse effects on
wildlife habitat. The pruning of additional willows
identified on the final approved plan shall be done by hand.
6. Sediments and vegetation dredged from the site of the pond
shall not be deposited in or within 100 feet of a wetland.
7. No pathways shall be widened, to minimize adverse effects on
wildlife and wildlife habitat.
8. No replacement or repair of any bridge is permitted under this
Order.
9. 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 the final approved plan received by the Conservation
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 11
Commission September 28, 1989. The as-built plan shall
include, but not be limited to, any of the following which
were altered in the course of completing the project:
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.
10. 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, the Nantucket Wetlands Bylaw, the
Regulations promulgated under the Bylaw, the Massachusetts
Wetlands Protection Act, and pertinent Massachusetts
regulations (310 CMR 10.00 through 10.99). The Commission
may require the submittal of any data deemed necessary by
the Commission for that evaluation.
11. The applicant, owners, successors or assignees shall be
responsible for 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.
12. This document shall be included in all construction
contracts and subcontracts dealing with the work proposed
and shall supersede other contract requirements.
13. 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.
14. Dust control, if required, shall be limited to water. No
salts or other wetting agents shall be used.
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 12
15. 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.
16. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
###
2. Wright/Horgan - 29 Medouie Creek Road - SE48-565 (14-35)
Present for the applicant was Melissa Philbrick of
Vaughan, Dale & Philbrick, counsel.
MOTION: To issue the draft order of conditions was made
and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
MR. & MRS. ROBERT C. WRIGHT
DEQE FILE NUMBER SE48 - 565
ASSESSOR'S MAP 147 PARCEL 35
29 MEDOUIE CREEK ROAD
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 line of haybales shall be
staked as shown on the final approved plan. The 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
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 13
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 the final approved plan. The as-built plan shall
include, but not be limited to, the following: all
pipe/culvert inverts for inflow and outfalls; pipe slope, size
and composition; location of other drainage structures and
their composition; limits of fill or alteration; location of
all structures and pavement within 100 feet of wetland; the
edge of the wetland; the grade contours within 100 feet of the
wetland.
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, the Nantucket Wetlands Bylaw, the
Regulations promulgated under the Bylaw, the Massachusetts
Wetlands Protection Act, and pertinent Massachusetts
regulations (310 CMR 10.00 through 10.99). The Commission 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 anyon-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.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 14
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. There must be a 25-foot undisturbed buffer zone on the
upland side of the wetland boundary.
13. Thirty-one tupelo trees at the southwestern corner of the
lot shall be transplanted to the area shown on the final
approved plan in the spring of 1990. In the spring of
1993, transplanted trees that have died will be replaced
with nursery stock tupelos.
14. To minimize adverse effects on wildlife, no pesticide shall
ever be used anywhere beyond 15 feet from the house.
###
3. R & E Pardi - 26 Washington St. - Nan89-01 (42.3.2-23)
Present for the applicant was Glen Wills of Nantucket
Surveyors.
MOTION: To issue the Order of Conditions as drafted 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 October 12, 1989 Page 15
ADDITIONAL SPECIAL CONDITIONS
RICHARD J. AND ELIZABETH PARDI
FILE NUMBER NAN89-001
ASSESSOR'S MAP 42.3.2, PARCEL 23
26 WASHINGTON STREET
UNDER THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
(CHAPTER 136)
3. Prior to any activity at the site, a construction fence shall
be installed as shown on the final approved plan. This fence,
erected to protect vegetation and to catch windblown debris
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 the final approved plan. The as-built plan shall
include, but not be limited to, the following: all
pipe/culvert inverts for inflow and outfalls; pipe slope, size
and composition; location of other drainage structures and
their composition; limits of fill or alteration; location of
all structures and pavement within 100 feet of wetland; the
edge of the wetland; the grade contours within 100 feet of the
wetland.
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, the Nantucket Wetlands Bylaw, and the
Regulations promulgated under the Bylaw. The Commission may
require the submittal of any data deemed necessary by the
Commission for that evaluation.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 16
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. No part of any structure, including decks, shall be closer
than the existing structure to the coastal beach. A brick
walkway is allowed as shown on the final approved plan.
13. The frame and grate of the catch basin in the
driveway/parking area shall be raised.
14. No trees shall be cut.
15. The first floor of all additions to the existing structure
shall be elevated above the level of the Base Flood
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 17
Elevation of the 100-year flood, according to the Flood
Insurance Rate Map published for the National Flood
Insurance Program by the Federal Emergency Management
Agency.
16. No coastal engineering structure of any kind shall be
permitted on the property in the future to protect the
project allowed by this Order.
###
3. CERTIFICATE OF COMPLIANCE
a. Airport Commission - SE48-349 - Fuel Pipeline
Present were Jo-ann Norris Airport Manager, John
Stackpole of the Oil Spill response Team, Joe Forns of
Applied Marine Ecology Lab.
Mr. Forns comments that he would like to respond to the
list of questions that were sent to Mrs. Norris after the last
meeting. Starting with the boom deployment and spill
containment.
Mr. Stackpole states that the last meeting there was some
confusion concerning the deployment of the boom. It is not
standard procedure to deploy absorbent or containment booms at
every unloading due to the short response time and the
increased fire risk. Generally, any spill if it occurs will
come from the hose or valve areas. It is better to contain the
spill away from the barge area and allow the gas to vaporize
quickly. The Coast Guard does not recommend deployment unless
there is imminent threat to the resource areas. I have talked
with Lt. Hazelton in Providence.
Mr. Dunwiddie asks if the fire department is trained to
deploy the boom?
Mr. Stackpole responds that the permanent fire fighters are
trained but the volunteers may not be trained.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 18
Mr. Wasierski asks what happens when the harbor freezes
over and access to the area is denied ?
Mr. Stackpole responds that there will be no need to
deliver fuel due to the storage tanks at the airfield and the
reduced airflights.
Mr. Forns adds that the fuel that is being unloaded is much
lighter than crude oil and disperses very quickly. To require
the boom be in place at every unloading would require a large
length of boom. The source of the water in the area comes from
Monomoy down along the pier and out of the harbor. It does not
flow toward the Creeks.
Mr. Borchert responds that he cannot believe that on an
incoming tide that the flow in the area would be against the
tidal direction.
Mr. Forns explains that the currents in the area form a
"clockwise Gyre". The incoming flows do not come in a direct
vector from Brant Point. The out going flows maintain the same
direction. This creates a "dead area" at Francis Street Beach
and may be the cause of the high coliform counts during the
summer. There is not any flushing of the area. (At this time
Mr. Forns shows the Commissioners an overhead view picture of
the dye flows from the tests.)
Mrs. Lovelace, Monomoy resident, comments that there had
been an objective study done that posed serious questions
concerning the validity of the testing.
Mr. Forns continues with his comments on the Commissioner's
questions #1 In response to the truck loading area,
there is an petroleum resistant liner and a storage
basin. The pipe goes to the basin that would allow
the basin to be pumped out after a spill. This a
good temporary solution, if this were to be a
permanent site there would be a different
arrangement.
#2 The pipe has an extruded bonded seal on
the outside. The patches in question are a cold tar
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 19
epoxy to cover the dings that occur during shipping
and installation.
#3 The dents under the clamps are due to
compression of the pipes when they were attached to
the support posts. It is only the compression of the
insulation around the pipes and not damaging the
pipes.
#4 The taped areas cover the seam welds in
the pipe. This weld allows the pipe to be longer.
The extruded covering on the pipe had to be peeled
back to allow the welding and that resulted in the
need for the patch.
Mr. Forns continues stating that the Certificate of
Compliance is not negotiable. The Commission has to determine
whether or not the project was built according to the approved
specifications. The Airport Commission understands that
modifications will require new filings. The Captain of the
Port has recommended some minor modifications to protect the
pipe. At the Washington Street end, the Commission has placed
some telephone poles to keep people from attempting to drive
under the pipe. On the seaward end, it was recommended that
some measures be taken to prevent boats from going under the
pipeline. This will be accomplished by putting some plastic
orange snow fence over the pipe.
The town is at a crossroads. This is a temporary facility
with no specific end date. Two solutions arise from this
problem:
I
1.) The Town designates a permanent facility and then
relocates this facility there.
2.) The Town abdicates its policy to handle fuels. This
would result in either a private company handling the fuel
or making this site permanent and contracting out to a
private company to supply the fuel.
The Airport Commission will be making a formal request to the
Town to make this site permanent or find another site. There
is presently no site on the waterfront. The Airport
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 20
Commission's needs are small but the frequency is great for a
short period of time. The present site is not the best site
but the only one available. The Commission has acquired
"herder pumps" that can blow any gas away from the marsh. We
have explored all the potential alternatives for problems and
have responded to them.
Mrs. Coombs comments that the facility is a prime target
for vandalism. The impact to the eye is catastrophic.
Mr. Frons adds that the primary sensitive areas are the
ends of the pipe. The pipe will be empty between loads.
Mrs. Coombs states that the area is covered with vehicles
in the summer and the market is operating.
Mr. Forns responds that there is a 50 foot curtain area
around the unloading areas. We have a firetruck on scene to
hold traffic if we feel that there is a danger. The shipyard
is under the same requirements in the State statutes.
Mr. McKelway asks if people will be allowed to drive to
Sayles fish market ?
Mr. Forns responds that the regulations prohibit an open
flame within 50 feet. A car has an closed flame.
Mr. McKelway asks if the Commission will have to move the
unloading area further seaward ?
Mr. Forns responds that the area is unstable. If the
pipeline were to be moved in that direction, then it would
have to be excavated and filled with more stable materials.
This is a temporary facility. There is no question that if
this facility were to be permanent that more work would be
required, night lights and maintenance dredging for example.
Mr. Borchert ask if the Commission has received a letter
from the Coast Guard concerning the operation of the facility?
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 21
Mr. Forns states that the Commission has received an
updated letter from the Coast Guard. This was not after the
first unloading but in response to our operation procedures.
Cheryl Creighton of the Nantucket Land Council states that
the Land Council had an engineer respond to the studies done
by the Airport Commission and found some major discrepancies.
The Commission needs to be clear and allow the maximum
protection of this very sensitive resource. The 1986 Town
Meeting allowed a five year time frame for this temporary
facility to remain. This would mean the timeline would end in
1991. (Comment: after the meeting it was learned that the Town
Meeting was actually 1988 making the end 1993, B. Perry)
Mr. Borchert asks if the Certificate could be for only
three years ?
Mr. Forns responds that he would have no problem with that.
It Certificate could include annual review coincidental with
the reviews with the state Fire Marshal and the Coast Guard.
This might be the only way to stimulate the Town into action
for a permanent site.
Mrs. Coombs asks if the Airport is under the same
restrictions to unload fuel as the Electric Company and Harbor
Fue 1 ?
Mr. Forns responds that the regulations for the transfer
would be the same but they are not storing fuel on the site so
those rules would not apply.
Mr. Wasierski comments that as a result of the Coast Guard
comments, you are planning to do some work in a resource area.
Mr. Forns responds that it is the question of significance
of the work and whether or not it will effect the resource
area.
Mr. Borchert states that the Airport Commission received
comments from the Coast Guard on October 2. We would like a
copy of that letter.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 22
Mr. Mark Arnold suggests that the Certificate of Compliance
be voted upon yearly. The Commission needs to have a framework
for review and make it clear so that there cannot be any
questions in the future.
Mr. Perry comments that changes are proposed by the Airport
Commission and recommended by the Coast Guard be considered
minor modifications to the project and this Commission should
be notified and approve them in advance.
Mr. Forns responds that he will send a copy of the letter
from the Coast Guard and plans for the minor modifications.
MOTION: To continue the hearing for additional
information and the receipt of plans from the applicant was
made and seconded.
UNANIMOUS
b. Taylor - 61 Hulbert Ave. - SE48-397 (29-10> Pier floats
Present for the applicant was Joe Forns of Applied
Marine Ecology Lab.
Mr. Forns states that he has not received the letter from
the engineer and would ask the hearing be continued.
Mr. Wasierski asks why there are seven piles when DEP
approved only two ?
Mrs. Coombs comments that the court decision states that
the floats and piles have to be removed by October 15. You
have three days to perform the work.
Mr. Forns responds that the owner has contracted with
somebody to do the work.
Mrs. Coombs suggests that the Commission follow up the
situation in three days. This is an scallop area and we need
to enforce this rule.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 23
Mr. Forns stats that the owner has agreed to make all the
piles seasonal.
Mr. Dunwiddie comments that the Commission is setting
itself up for an annual problem enforcing the removal if the
owner does not want to do so.
MOTION: To continue the hearing for additional
information was made and seconded.
UNANIMOUS
c. Elliott - Elliot's Way - SE48-361 (92.4-319)
Mr. McKelway reads the inspection report.
MOTION: To issue the Certificate of Compliance was made
and seconded.
UNANIMOUS
4. EXTENSION PERMITS
a. Austin Farms - Hummock Pond Road - SE48-336 (56-54)
Present for the applicant was Melissa Philbrick of Vaughan,
Dale & Philbrick.
Mrs. Philbrick states that she actually represents the bank
holding the mortgage on the property. They have filed motions
to foreclose on the property. There are two outstanding Orders
of Conditions on the property. The bank wishes to maintain the
value of the property while the court proceedings are
underway.
MOTION: To issue an one year extension permit on the
Order of Conditions was made and seconded.
UNANIMOUS
b. Martha Wells - Low Beach Road - ( 74-55 )
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 24
MOTION: To issue an one year extension to the Order of
Conditions was made and seconded.
UNANIMOUS
5. OTHER BUSINESS
a. James Hawkes - Ester's Island - Proposal and discussion
Present was Phil Marks, caretaker for the property owner,
James Hawkes.
Mr. Wasierski comments that on the field inspection there
was difficulty in finding the property lines and corner
bounds.
Mr. Marks responds that the bounds make no difference. I am
asking the Commission to protect the dune as they are
empowered to do. I am asking for some help.
Mr. Dunwiddie asks whose property is involved?
Mr. Marks responds that it is the Town's and Mr. Hawkes. We
will supply the labor and we are asking the Commission to
supply the fence.
Mr. Wasierski reiterates that he would like to see the
bounds. The plans that we have say that there are three cement
bounds.
Mr. Marks states that he would try to find them and mark
them.
Mr. Wasierski states that he willing for the work to go
forward but not on private property, only on the Town land in
the area.
Mr. Marks responds that the regulations allow the
Commission to prevent willful destruction of the dunes whether
it is public or private land.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 25
Mr. Borchert suggest that the Commission purchase three
rolls of snow fence and enough 2x4 posts to support the fence.
Mr. Marks comments that there is not enough to do the job.
MOTION: To continue the discussion and have an
inspection of the site on Sunday at 9 AM was made and
seconded.
UNANIMOUS
b. Regulation and Fee Change Public Hearing
Discussion was continued to allow the Commissioners
more time to review the recommendations.
c. Cattail removal Madaket Bridges - discussion
Mr. McKelway comments that there is an ongoing Order of
Conditions that would allow the work to proceed.
Mr. Willet suggests that some price estimates on manpower
and machinery be requested from various contractors on the
island. An decide on how much to spend next meeting. The price
should include removal of the cattails and transport offsite.
6. CORRESPONDENCE
7. MINUTES: for September 28, 1989 AT 7 PM
MOTION: To approve the minutes of September 28, 1989 as
drafted was made and seconded.
UNANIMOUS
8. BILLS TO BE PAID
9. FIELD INSPECTIONS - Monday, October 23, 1989 4 PM
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes October 12, 1989 Page 26
lO.EXECUTIVE SESSION - PENDING LITIGATION
Was not held due to a lack of a quorum after polling
the Commissioners on whether or not to go into Executive
Session