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HomeMy WebLinkAbout1989-10-12 '- (. ~.'UU'Iir'" ~TUe ,~ ~r~": ....![t'~+. #. () ..... 'So" .:t'~ "'1"~ ~z.1 \U\.. 10: _'IJI! .- - : - 1-;-:''''' .' ,,' _ \ · \ ~_ 1 :! ilII':;'\.~~ "1I.'h;,~ ,,If,. ~_ .h..... 'y^, ~-- .''0 ~ ......0'.. - ......~.. "<fa.' '9::........:.~. ~ v..-_I"ORA1~ it"\'" .......1I11.'~. 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. 1. . ~l'''DI'~ ~TUC " L~~~-~)~ ;rtff" '"P~ !o: 1 \U\i ltt-:_ _:IJI. :: r.'" , -,' !! ~.~~ 1:. V~..",-*- - i~l ,,,..... _. ........'0 ~ If._ OI?,::........;;Q. ~~ ""9,.-.:ORA1~ it........ '.........u...". 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) ~ -,,'''II~ ,,~~ft.14!.~;'t~ ,~~ ,,~~~ i3c!1 \~~ li'IO! -i1Jl2 ......l-. ~.. : I. . '. ~_ -", i:! ~....~ ~c lA....:: \;A'" - -, ',.. '" -y^, -'-'ft:=.....=-- - ..''0 ~ .. ^ .... .... .... 1:> ir""",~"..........~. ~ "',.-.:ORA1'" it....." -.......,...,'". 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 $12,000 seems to be a lot of money to do the studies required for a NOl. Mr. McKelway explains that the funds would be used to provide additional information to DEP and MEPA. MEPA has sent comments to Aubrey on his DEIR but has not formally responded to the DEIR. Also DEP has sent its comment to MEPA on the pond opening. Mr. Borchert asks if the intent is to close the hearing at the NOI level and talk directly with the state? Mrs. Coombs responds that would be the case. This would allow the town to talk with the state directly and get the process going. They seem to be putting us off until this hearing is finished down here. Cheryl Creighton of the Nantucket Land Council comments that the Executive Office of Environmental Affairs has responded to the DEIR and suggested what more information is needed to proceed. Mr. Dunwiddie asks if this has anything to do with the Commission? I think that this is down the line. The Commission needs to make it clear that there are several processes that need to be undertaken. Just because the Commission does not require answers to the questions posed by ",,"CUIrI'1 ~ ..~TUCt.."~ ~ !.~-...:!. e->- " 'Y ". 1- ~ It, \"p~ 10" .U\", t . iUl! ~.-- .' .. \.~',- . :.Z ,,~ -: .- ~\ --.. - i~$ os..'Y"" ~~. - .' '0 ;: ''''0'' ~ ....... ~ "~ '.9p.......... 'i)' !to'" ~~ORA1~ ~..~ -..........."". 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. ...,.....~ ~~~TUe l. l~~" ~-..J!{t~ ~~V ..'So, 1Ii~11 \~'i t-O[ -ilJl~ ~.~.- -:- : .\~_ l~! -'\.. ~~ i~1 'St.'Jo^, ~~. - .''0 ~ ,..()'.... ~ .... '" ~ iO...: :I?^ .......... ~. ,,"'II .,.,.~ORA1'" it"\'iI -.........,,,,,,. 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. .J"""~ ,~~14TU e/fl!., '-.~~~~~ Itt , \"p~ t-o: _:~i .- . - ~\"'- -,' . .. ., i ~S .-;.\ "- - - i~ 1 ifo.......^.... ~ - ..''0;: " ,",'o..."'!o. .... ... ~ rr~ ~"''''''''''..~. ~ ..,,.~ORA1~ it....... ..........."". 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" ....."IC;a~l ~"";~~t.. ;T~ ~/ "~1.~'" if I \"p~ .0:' ~lJI! t~:" :i~: .\, '!-;:s .. ~ -...:.....; -.,..... ~ U" - -~"'" 1-" ;: , CO..... -'-'ft:=.....=--..........,o I ll!~o~::..........~. # rORA1~ it""" '''II'''' 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. ~."tt"'l llTUC 1I,~ l ~~~...-tt~ ~~.V ..:S-\ a'~/, ,~-:. t-ot -ilJl! 1-\",,- , -,' . . ~ ~_ -'!. 1. : ! ...... ~ -h,....,: 'S"...-.. - -- "'--... '" 'S;"'^, -'-'ft:=...-:=>-- - .' '0 ~ :i! "'().... .""" ,," ~.^........;.~. ~ "ORA1~ :t"~'" _n."'''' 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, .......,..:e~ ,.~~14TUe/(;'~ A~~~~ 8L ~ .1-'50 If, "P~ "0:' \U\i ,..... ""qlJl.. '-\"'- :""',. .. .\~ ~/:I ~\ ~ -I.~~ -.:~~... ~~. - ..',.. $ "' ""~.. ~ ... "v~ ~o~p"'''''':'~. ~ ~~ORA1~ '."~" .........81..'.. 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 _"lOe.~ A~~TUeJr;~+.. '-. <>r~-s."'~ if I \~~ t-o: ~lJIi :. : - t:i"'~ /". i ~~ .- ~~.. ..... .~~I 'Ss.-y^, ~-"'"- - ..''0 ~ ''''0'' ...." ~ ~ '9~."""e,~. ~ .,....:,..ORA1~ it""''' ........11."". 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 ~..u....,.. ~(l."TUe-'~ .~ .. ~......!!t~ ;F~ (>/ .::~ itf \"p~ ..~., .U\", t-: ' _'IJI;1 t-:o.:"-=: ~f. = .\~_~ - I:! ""-.... ~~:'t /..~I ... ""^" -'*= -- .' '0 .:- '"0''' ~ ....,.,; ~ "4!.' '9::-.......e ~. 1/>" ~..',,..ORA1~ it...... .......1111..". 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. ....',to,.~ ~~~TUe " ~ ~ ~--tf~,., '-0/ ~1-~~ 1~/' '"po:. ..~., \U\- to: _:1JI1 I-i"- -E' : · \ ~--=-- ~ 1....:1 \~. -.~- ~~,.. ~~"'" 1.." ;: '~... -'-'ft:=..,..;:,.- ..' '0 ~ ... ... ~ ~ ~O~p".""'''''~' ~4' ORA1~ :t"~ ......."". 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 ;1j,uua"'l4 ~ ~p.14!.U eJr;~'e. ~ ~.-s.' It, ","piS to: 1 \U\i 1-:- -;tII. l"~.- - ~:.. .. · \ ~_ ~ / .5 ....~ ~"-' - ~A"" ~ \;....-.. - -. . - "", '" 'r^, -'-'ft:=.....=-- - .' '0 ~ '-'0" ....... ~ "".' '9::........:.~. ~.. ..,""~ORA1~ ~..,,'II ........11...". 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. .~ _,"m"",,, ~ "llTU eL> '~".t. L"~~~~ 1ft \"P~ to:1 ~U\~ : _:IJI;a t-;~. _ ~:. = .\~ ~i.a ;\.. ~ - -l~.i "'~^... -'-'ft:=.....=-- - .''0 ;: '''''0.... ....1\; ~ ir",,: '9 ^ ........;. ~. !to" ......'_rORA1~ /0...... ........11"'''. 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 '1 ......"..Cl~l i~~~;'t'~ ~....f:>/ -..:;~~'" I~I \"P~ "0:' ~U\l t~:"'- :f~= .\., -1-: .~-- .,.",.... ~~.. ~~"'"- ~'" 1 ,('..... ~.....,.....'O,! "".,o~~'''''''';. ~. .$' "'...-.:ORA1~ ,..-." ...........",,,. 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. ...,,"C~ ~";~IJ.E!r}~+. I. y ~~.,,~ If I \"P\ ~ .1 .U\~ 0: _:IJI;1 ~'\~'- _"-z- = . .., .., ;:5 ~~.. ~ - l1t'1 \'Y^, ~ ~- - .''0 ~ ill "()'.... - .......~.. "6_' ~^......... \). ~ "'","-ORA1\ it........ .........""". 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 ,1j~~"G'~ ~ ~~14TU elf/)., ~~~:~i. if!. ""piS -0:' \U\i tL..:- _:IJI. .-\-.. - -:' .. -\" 1:' ....\ ~-, i~1 'St. ~^... -'-'ft:=.....=-- - ..' '0 ~ ....~()'.... ." I\;.'!I," 'l'/ft ........if 'Q. ~ ,.~ORA1~ :t""~ '........u."". 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. .....,'t2I1~l !Il':ie~TUe ,~ ~'ii ~ ~-...!!.{t+-. '" 0/ '\ -s. '\ iti '"P~ 80: 1 \U\i ,1-1- ;IJI. \"" -,' - · ~~ i~! ~,.. ~~. ---I.~I ,,~.-:... 9-~- ..'". ~ ;r...'"' ~ ......"!'O -"oI._O~p ..........~. I' ..,,.~'ORA1\ t'''';'' ............"" 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 ,,",,,,,,,,omllllJ. ,~~14TUCJ/t~ JI.. ()r~1-~i. it! \"P~ ..~., .U\~ t....t jlJl ~ t:i'~~' - r. I \~__ I ._ ..... ~..:<;-' - ..~,.;::: ,~~... ~_.- /;;."~ "''''0'' ~ ......v'" ~,::........;;~. ~ rORA1~ it""'" .........". 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 -""",,..:t~ ~,*;~~~,.. I. ~ ~-s."Goio 1f1 \~'a tOl ilJll "'t~' - ,. ; .\~ -1:' ~\ ~- -i~1 <s.."YA, ~ . .''0 ~ '~O" ....-.,; ~ '9::..........~. ",'" ..-.rORA1'" it"'''' ..........."". 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? ....a",..ee""'" ,..~Jl.14TU CJr/!~~ A ~~r-""""')o ,~ ~ "".1-'" if, "'"P~ .0: 1 \U\;, If t-i~. _ ::!"! ,. \ , - i. II ~~ :.... ~~~.. "'- __ ,h....: 'Y^" ~ . ..~,;."~- ,...,...... ... "v ~ 0-9::........o;~. ~ rORA1~ ~..\" .......,,"'. 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. .....',..u.,.lI" '.ie~TUe " ~~~--t~~... "'r '.1-"'~ It, "'"P~ .0:' \U\i l: "",:, _:!,,_ = \-.- - "", - 1.-\". -1~1 '~1.. ~ _ -~~I \1--~... -'-'ft:=.....=-- >.....'0 ~ ".t.,O~........;;~. $ '7,,',"'ORA1~ ~..\" .........""". 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. ~l"m~ ltTUe " Lo~-~)~ itf. \"P';. "0: 1 :U\i tl-L -;IJI. .-:~ ...:- - .\~ -~1~! ~\ "- - - iit'1 \",,^, ~- - ..''0 ~ :iI!"'^~ .......~.. ",._v~",.........~. ~ "94lt,:!"ORA1.. it"'" '........111..". 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 ) ~t,..t''''14 ~TUe ,~ Lr~~~ ...~, ~~ ..1-\ f~. 1 \~~ '0: :1JI2 I-i~:~ . -i- ; .\~ "!'..l~' ...\ "- - - - iJt'1 ;s.~^... -'-'ft:=.....=-- .'1>0. ~ '~o.~ ..' "'''!lI> '9.. ........:; ~. ~ ~:.:ORA1~ it"'" --.........'". 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. .....',u~.~1. ,~~14TU CIr/!., '-.r~.;\ 1ft \"P~ .0:' ~U\2 t~:,,- ::~: . \ ~_ ~ i ~ ! ...~ ~ - .h..../t \;A'" - ~~,~ -Y"" _-..... /t ..~ .. __ .._ "v~ or... 0-9::........;;~. ~ ....,..~ORA1~ :t""~ '-"',u..'''' 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 ...',........., ~J~TUC-'~ .AI ~:~p..-...!!t~+.. ,~ ~ ".1-"r#.,. If I \"p~ .0:1 ~U\l t....:' _:IJI. ~\....~ - ~J'. i ;\. ~ l~~i "'~^... -...=: ~- .' '0 ;: ''''0'' -- ....,,~ "6.' '9 ;:........i, ~. ~ "'''',rORA1~ :t"\~ ........11 ."", 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