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Home My WebLink About1989-11-09 1 ""lCm~1 ~~~TUCI(~"'~ .~ .~ ~-""''')- :sr. ()/ "".-s.~ ift. ...-p~ "0:' \U\i !~i~.~~~i~= 11. ~.~_~ _-~ i.....~! \,........ ~,. - .~... 'So,~'. ~'-~"'" l" ;: ~ ('..... ~'..........'O ~ ..... 0-9::.......... ~. ~ ".;,rORA1~ ~.....", ...........",,,. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 MEETING MINUTES FOR NOVEMBER 9. 1989 The meeting was called to order at 7:01 PM in the Large Group Instruction Room of the Nantucket High School. Present were Commissioners William Willet, Lee Dunn, Henry Wasierski, Granville Cranston, Carl Borchert along with Ben McKelway, administrator and Bruce Perry, Secretary. ~ COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC NONE ~ PUBLIC HEARINGS 1. Longview Realty Trust - 53 Madaket Rd. SE48-546 (41-326) There was nobody representing the applicant. Mr. McKelway comments that he had talked with Mr. James Glidden, counsel for the applicants, on the street. Mr Glidden had commented that the wetlands would be flagged soon and the some members of the Realty Trust were upset with the Commission. I suggested to him that the site should be flagged before the next field inspection. MOTION: To request that the applicant have the wetlands flagged before the next field inspection date and that representatives for the applicant appear at the next meeting or the hearing will be closed was made and seconded. UNANIMOUS 2. Sesachacha Pond - Board of Selectmen - SE48-569 (23-2) Present for the applicant was Diane McColl of the Pond Management Committee. Mr. McKelway comments that DEP has issued a file number for the project. Mr. Willet states that all that needs to be done is to nail down the opening dates. Ms. McColl comments that she had talked with Mr. Borchert and given him the dates as discussed before. J ~""~U"'1l ~"Ue ,~ L.~~-~~ 1ft. '"P~ __" \U\;, t....: :lJIa ~:~.~ ~. ~i. : .\~ ~/:! ~\""- --- I~ 1 1s. J..-^, -'-'ft:=.....=-- - ..''0 ~ "G!"o'" ....,,~ 1(,_' '9::-.......~ ~. ~ ""'....,rORA1~ :t"\~ ..........."". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 2 Mr. McKelway adds that the dates that Mr. Andrews had given conflict with the nesting times of rare species in the area, and that he had written the draft order to include some of each timespan. Ms. Cheryl Creighton, of the Nantucket Land Council, states that the birds nesting in the area, primarily least terns and piping plovers, should not be disturbed between April 1 and August 15. It is difficult to decide on the specific arrival date of the birds. Ms. McColl states that it is impossible to set a specific opening date due the large number of variables involved. At this time the Commissioners review the draft Order of Conditions and make the following changes: # 3 to include November as a part of the fall opening range. # 11 - Mr. McKelway asks the Commissioners if they would like to be more specific about the monitoring program. Mr. Willet responds that the Health Inspector does some well monitoring of the area and will continue to do so. Ms. McColl comments that she does not know what the Committee is going to do after the permits are received. We will keep the wetlands performance concerns in mind and will address problems as they arise. MOTION: To close the hearing and issue the drafted Order of Conditions with the discussed changes was made and seconded. UNANIMOUS 3. Jay Griswold - 14 Sachem Road - SE48-571 (30-240> Present for the applicant were Arthur Reade, counsel and Aileen Barth, designer. ~'''Ulttrlll NTUC ,~ A ~ ~'''...!!:f~ ,~ 0, ..:;e.i, :i tJ. ". "p is :'0:1 \U\i tt-:... , :i~: .\',-, ~ "";./.:: \~-~ - ~ ........~ \~-.. ~~=- ..'" ;: ""~. ..' '0 :' '" c'" ." 1\; ~ ".t..' j/j> .............. ~. ",'Ii vAo.,',rORAlw it""'" ......"~...',,. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 97 1989 Page 3 Ms. Bat-th comments that the wetlands are only fifteen feet from the house and that the fuel tanks are closer. She would move the tanks further away but the existing piping would not allow it. Mr. Wasierski suggests that an underground lOO-pound gas cylinder be used to replace the above ground tanks and that the oil tank be moved to next to the garage and allow gravity to feed the system. I am worried about oil getting into the wetlands while somebody is not around for the winter. The propane is not so much a problem due to its volatility. Mr. Willet reads a letter from abutter Olive Butman. Mr. Reade comments that most of Ms. Butman's comments are on non- wetland issues. Ms. Barth proposes to move the propane and oil tank to the far side of the garage, and the Commissioners seemed to go along with this change. She marks this on one copy of the final plan. MOTION: To close the hearing and draft an Order of Conditions was made and seconded. UNANIMOUS 4. Nancy Claflin - 35 Wauwinet Road - (20-34) Present for the applicant was Robin Jones. Mr. Willet reads the inspection report commenting that the Commission needs to know how the material is going to be removed; where the material is going to be deposited; access route to the pond for the equipment; how much vegetation is going to be removed. Ms. Jones states that the pond was dug about eleven years ago. Only the side of the pond near the house will be dug. The contractor plans to excavate and leave the spoils on site unless there is a large quantity, in which case he will take the spoils to the landfill. Equipment access is up the driveway and around the house. Mr. Wasierski comments that the spoils cannot be left in a pile. They will need to spread out and that area needs to be marked on the ......"..U...lIl ,..~,..14TU CJr;"",,& '--~~~1,,\ It!. "'"P~ .0: 1 \U\i t....=- _;IJI. "i""'" ~ -:' . . . ., -.. :. . .~- ~ .......- .,......~.. ~::.:;;t5"'"-l^ 1 ~C'.....~-.....'""'O,, ""_ 0 ~ ;:........., ~. ~ ..,....~ORAi~ :t~"~ '.........11..'''. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket. Massachusetts 02554 Meeting Minutes November 9, 1989 Page 4 plan. We do not want to leave a berm that will create another wet area. Mr-. Dunn adds that the plan needs to show the house, pond and where the spoils are going. Mr. Willet suggests that if the field is large enough for the spoils to be in excess of 100 feet from the wetland, then it is out of the Commission's jurisdiction. Mr. Wasierski comments that an estimate of the amount vegetation removed and a calculation of the total amount of spoils needs to be presented. MOTION: To continue the hearing for additional information and a DEP file number was made and seconded. UNANIMOUS 5.Hempleman - 49 Hulbert Ave. - SE48-570 (29-14) Present for the applicant was John Shugrue. Mr. Shugrue submits a new plan showing more information about the dune restoration. He states that approximately 130 yards of material will be brought in to restore the dune. The new deck is proposed to 12 feet wide and is part of the filing. The side of the deck and the relocated stairs will have 2x2 lattice to catch blowing sand around the corner. The new dune will then be covered with biodegradable mesh and revegetated with beach grasses. Mr. Dunn asks on what basis could the Commission issue a waiver to allow the applicant to build over the top of the dune. I would recommend that a railing be put up on the existing deck to keep people from walking on the dune. Mr. Shugrue responds that there is not much dune remaining and what is left will be gone soon without some protection. The existing deck is basically useless. Mr. Borchert comments that there is already an outstanding Order of Conditions without a Certificate of Compliance for this project. ~...,,,m~ ,..~~~TUeJr;'~ '--~r~?:~~ ;t:~. ...." .. :ti~!, \(sI~ tOt -ilJll t;i"',- '. -,'. i \ ~_ . - i ._ <'~.. ~~:--I.~I ~ ~..... -'-'ft:=.....=--..........,o ~ iI!~O~::_.....:.~. ~ rORA1~ it....... .........". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 5 It was my understanding from this summer's discussions that the Hemplmens were to come to us with a plan the restore the dune and comply and then ask for changes to the deck. Mr. Shugrue comments that they wanted to come in with a file for the entire project. Mr. Willet comments that there has to be some compromise on the width of the deck. Mr. Cranston states that the corner of the proposed deck be removed to remain out of the view easement. Mr. Shugrue responds that encroachment into the view easement is not a concern of the Commission. It is up to the parties involved. Mr. McKelway adds that a previous filing denied a deck and bulkhead that was not as wide as the one proposed. Mr. Shugrue responds that the proposed seasonal snow fence will add sand to the dune and the railing will keep people off the dune. Presently people are walking around the corner and onto the deck. Mr. Dunn states that he agrees with the argument. But he does not see how increasing the deck size will protect the dune. I see no reason why we should approve the deck expansion. What is the waiver going to say, to enlarge the deck to protect the dune? Mr. Borchert reads the Superseding Order from DEP on the old file denying an ii-foot deck and bulkhead. Mr. Dunn reiterates that a railing and restoring the dune as required in the expired filing. That work will do more to protect the dune than expanding the deck. Mr. Borchert comments that he does not see how the Commission can ignore the Superceding Order. Mr. Wasierski states that the applicants are going to have to dump sand on the dune and beach annually to maintain them. Most of the sand is blown under the house. It is no different than the cottages in Madaket where sand is removed annually. ....."cm"'lIl. ~~~TUC I~ ~~~ --![e-~ ,.~ 0" -":: .:'\ $"~ ..1- ~ 1$/1 \~~ .OJ _:1JI2 \~.'" - , -i' i. .: ") .., .. \ ~- -- .:......;: ,~,. - -. ~" ::: '1""':, ~~.-..'","::: ~~ .. ___ ... "v ~ ...,,,.O~::........;;~. .$ v".;'''ORAi... :t"\~ ........u."". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 6 Mr. Shugrue comments that the dune next door is stable because there is a ten foot deck on it. Some of the Commissioners disagree and after review of some photographs of the adjacent property comment the dune is not stable. Mr. Wasierski asks where the sand is coming from? Mr. Shugrue responds that it will be trucked in. In the spring the mesh and planting will be done to stabilize the dune. In the fall the snow fence will be erected to catch blowing sand. MOTION: To close the hearing and draft an Order of Conditions was made and seconded. UNANIMOUS * 6.Francis - 41 Dukes Road - NAN89-003 - (56-327) Present for the applicant were Bob Emack of Nantucket Surveyors and Andrew Leddy, counsel. Mr. McKelway comments that this Notice is under the local by-law only and there is also a state RFD filed for the project. Reading from the inspection report, he explains that the applicant requests a waiver from the lOO-foot setback for the leach trenches. The wetland flag #29 needed to be moved five feet closer to the house and septic, making the house 52 feet from a wetland. The report also suggests that a different location for the leaching facility be found. Mr. Emack submits a new plan showing well radii and wetland boundaries. He states the plan is for a 4-bedroom house within the lOO-foot buffer of a wetland. The septic system for the four bedrooms will also require a waiver. The location of two wells across the street limits the amount of movement of the septic facility trenches. Another leach trench on Meg Hunter's property limits the relocation of the well for this lot. The system is located on the highest point of the lot. To move it away from this point would cause the loss of separation with the groundwater and ~"""""'l ~TUC ,~ .l <>~ ~...-tt~ ~ ~.V ~:S-1. !~!1 \~-: rro: ' -jlJl! =t-.",~ _ ~,. .. \ . '1 'l . -w. . .- .. -~- ~:....." "t.~" ~~"'"- /^ 1 ,,,... -'-'ft:=....;::.>-. .........'0 J' 'II""'OiiP........~~. ~4' ..,.,.....-ORA1~ .""... --........'~ Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket. Massachusetts 02554 Meeting Minutes November 9, 1989 Page 7 result in a mounded septic system. The requirement of a Board of Health waiver to install the system of this size is separate issue, he contended. Mr. Borchert comments that he objects that Commission is asked to approve something that is objectionable to another Town department, namely the Health Department. Mr. Leddy responds that the housing market is looking more favorable upon 4-bedroom houses than on 3-bedroom houses. Mr. Borchert states that is not a good reason. in groundwater protection. We are interested Mr. Leddy responds that the system is adequate to protect groundwa tel- . Mr. Dunn adds that if the Commission is going to grant a waiver then it should be the smallest allowable. Mr. Leddy comments that this case's problems are compounded by some deliberate siting of wells and septic that make adjacent lots unbuildable. Mr. Borchert states that it is not true in this case. The Commission has a problem with the size of the house and leach system. Mr. Leddy reiterates that the applicant is just trying to respond to market conditions. Mr. Wasierski suggests that the three lots be merged into two and the houses and septics be located on upland sites. The criteria to issue a waiver has not been addressed. Mr. Willet comments that the applicant seriously consider three bedrooms for the house. Mr. Borchert states that if the applicant could prove the leachate flow would take in excess of 200 days to reach the wetland then the Commission could consider the groundwater adequately protected. But I doubt that it would be the case. ...a'".'tlu"", ~';~~~~",. !Y. 0/ -..:;. -:So" Itf. "'"P~ "0;' \U\i tl-'- .IJI .. . \"",- -f'. i ~ ~_ - t .,.. .,,~ -... -s,....; - ';A~:!! \;...,.. - - il'_-" '" 'y^, -'-'ft:=.....=-. - .' '0 ;: '" '() .. .... ~ !Ii ~-' '9::.......... ~. ~4' '''''It.:.:ORA1~ :t"'~ ~............."", Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 8 MOTION: To continue the hearing for additional information and to parallel the filing of a state level Notice Of Intent. As a result, a motion to issue a Positive RFD was made and seconded. UNANIMOUS ~ EXECUTIVE SESSION - PENDING LITIGATION The Commissioners were polled and decided to go into Executive Session and that they would be returning to open session at the end of their discussions. The regular meeting was reconvened at 9:15 PM ~ REGULAR MEETING 1. REQUEST FOR DETERMINATION ** a. Michael Hartrick - 31 Baxter Road - (49.2.3-8) Mr. McKelway states that this file was mistakenly approved last meeting. There was a mixup in the abutter notification that has since been cleared up. There were no comments from the audience. David Wiley was in attendance to represent the applicant. MOTION: To issue a negative Determination was made and seconded. UNANIMOUS * b. Ingrid Francis - 41 Dukes Road - ( 56 - 327 This determination was discussed earlier in the meeting, during discussion of the local NOI filed for this project. MOTION: To issue a positive determination and require a Notice of Intent be filed for this project was made and seconded. UNANIMOUS ~,'.m'~ ~TUe I. ~~r~~ -...!r.t~ ~~ () ~~io I~ '"piS .0:' \U\i t....:" - :j!fl = · \ ~_ 1 ~ I ....\ :;;S-~ - i..~$ \'t-", ~ >.....'0 ~ ~_ Oij:;........~~. ~ ....,..'_,.ORA1~ ...,,,, ........51...". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket. Massachusetts 02554 Meeting Minutes November 9, 1989 Page 9 * c. Nantucket Land Bank - New Lane - (41-275.1 and .2) Mr. Borchert abstains from the discussion. Present for the applicant was Andrea Stevens, resource planner for the Land Bank. Mr. McKelway states that The Commission asked for this filing. Mr. Cranston comments that this area has been moved for years to allow the kids to skate. Mr. Wasierski responds that the regulations apply not only to private citizens but also to Town departments. If a private citizen would have required to file then the Land Bank should also. Mr. Willet suggests that the Commission approves the work as on going work because it has to be done every year. MOTION: To issue a Negative Determination commenting that the work is within the resource area but will not alter and that the mowing take place in the late fall to allow the plants to first die back was made and seconded. UNANIMOUS * d. Henry Bartlett - 271 Hummock Pond Road - (83-42) Present for the applicant was Glen Wills of Nantucket Surveyors. Mr. McKelway reads the inspection report. Mr. Borchert suggest that a siltation barrier be placed between the pond and the house, within 30 feet of the house. MOTION: To issue a negative determination commenting that the project will not alter the resource area with the following conditions added: 1. The house be located at least 85 feet from the proposed bank (the distance from the proposed corner stake at the field inspection). .....,'tclU..lIl '~Il-14TU CJr:'~"'~ ,.~ ,~~--....;s)- ;T. o/'~ 1- ~ i'i~~ ..,<:. ~..x-l' \..... .0" '''''2 ,-I-I. _jlJl. \"'- -,' . · ~~_ ~ 1....:1 """'-~ .... - ..,.... 'Io.;z,." - ~=- l";: '" (\..... -'-'ft:=.....=--..........,o.! ifr...0~::..........~. ~ "+...,,.ORA1~ ,...... ........11..'''. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 10 2. A line of siltation fence of staked hay bales be located 30 feet from the house. Was made and seconded UNANIMOUS * e. Gerald Menz - Alabama Ave. - (60.2.4 - 156) Present for the applicant was John Shugrue. Mr. Willet reads the inspection report. Mr. Shugrue states that he has submitted plans showing the work to be done and the siltation controls. The work is to put a new foundation under the entire house. The addition will be demolished and rebuilt from scratch on the same footprint. The entire structure is outside of the 100 year floodplain. The eight foot elevation is below the bottom of the new foundation. MOTION: To issue a negative determination commenting that part of the work is within a resource area (coastal bank) but will not alter the area was made and seconded. UNANIMOUS * f. Keller - 256 Polpis Road - (25-25) Mr. Willet abstains from the discussion Present for the applicant was Roger Church. Mr. McKelway summarizes that the application is to demolish a small cottage next to a salt marsh. Mr. Church asks if the request could be amended to relocate the structure instead of demolition. Mr. Wasierski reads the inspection report. ~...m~l ~TUe ,~ l<>~-~~ Iff \"P~ .0' .U\!I. t : -jlJl;l I-i"- ~ ,. i . '\ ~_..... '!. ! : ~ ....". ~-;,.. i.Jt'1 't....:... -'-'ft:=.....=-, - .' '0 ~ ...' .. ....... ,.. .""o~p."'"'''' f\)' I' ..,.,.~'ORA1~ ....... '............." Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket. Massachusetts 02554 Meeting Minutes November 9, 1989 Page 11 MOTION: To issue a negative Determination with the following comments to the project: 1. That as much work as possible be done from the upland side of the building. 2. That if the structure were to be relocated within 100 feet of a wetland, the applicant would file a new application with the Commission. Was made and seconded. UNANIMOUS 2. ORDERS OF CONDITIONS 1. Dias - 1 Pilot Whale Lane - SE48-554 ( 67-386,394-403 Present for the applicant was John Shugrue. Mr. Shugrue comments that he does not request any changes to the draft Order of Conditions. MOTION: To issue an Order of Conditions as drafted was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS DENNIS DIAS DEQE FILE NUMBER SE48 - 554 ASSESSOR'S MAP 67, PARCEL 386, 394-403 PILOT WHALE DRIVE UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) A'..i......, ",TUc-t L<>~~-~' if ~i' ..:5- \ :Ii ~!1 \~:. tOt -jlJll t:i": -,'. i \ ~_ 1 .... ..-\ ~-;.,. -I.~$ 'L. ~^.... -'-'ft:=.....=-- - .' '0 :' , '"'0........ .... ""-~ irl...' 'I'j" ......... n.. ~ "'''',rORA1\ v,...,'" ............'". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 12 3. Prior to any activity at the site, a line of haybales shall be staked as shown on the final approved plan, received by the Commission October 26, 1989. After the 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 haybale line shall serve as a limit of activity for work crews, and 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. Between the 16-foot contour lines on either side of the valley, the new road must be built along the northeastern side of the right of way, in order to fill as small an area of wetland as possible. 5. A minimum of 396 square feet of wetland must be created as shown on the final approved plan, received by the Commission October 26, 1989. Access to the area during construction must be from upland where possible, and all disturbed areas must be replanted. The area shall be excavated to an elevation of 11 feet, then filled with no more than 1 foot of topsoil and existing wetland plants from the road site. Stakes or flags delineating the limits of fill and replication must remain in place during construction and through the following growing season, to give construction workers and Conservation Commission agents a clear and undisputed picture of the whole project area. Exposed substrate shall be protected against erosion until a wetland plant community is re-established. If, at the end of the second growing season, a wetland plant community is not covering the replication area, the Commission may order the applicant to regrade, replant, or do whatever it deems necessary to create a true wetland. 6. 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 ...-,'"IIt~ ~~ltTUe '.t " ~ ~-...![e-~ '- (:,/ .... :- ~ ~~. ....-s.~ ~~!1 \~~ :Ot _:IJI! 1:1-.~,,,, _,' _ ,.\., - i:I ~.... .tt.;_ ~~.. - .~~ - I.^-;: ('..... -'-'ft:=.....=--..........,o ~ O~::..........~. .$ "ORA1~ "...... .......,,"~ Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 13 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. 7. 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. 8. 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. 9. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 10. 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. 11. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 12. 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. ~'tm~ ~,~~~~~ .I.. 0/ ..~ 1- '$ itl 'y,=- \0:1 \U\~ :. -:(/1_ I- i"': -c.r..?'- ,'. i .~~ ..~i.... ~~".."':-. .~--,-~$ 'S..~^... ~~- .''0.:' '\ "()'.... ...." 1'>'" "'6: '9" ........j, ~. 1'>'" v..'rORA1'" ~..\'Ii ~"',u."", Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket. Massachusetts 02554 Meeting Minutes November 9, 1989 Page 14 13. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 14. Natural vegetation will be left intact whenever possible. After construction, disturbed areas along the new road shall be replanted with native plants. Jute netting shall be used to minimize erosion until the plants have stabilized the slope. UNDER THE NANTUCKET WETLANDS BYLAW ONLY: The Commission hereby grants the applicant a waiver from Section 3.02(B)(1) of the Wetlands Protection Regulations of the Town of Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136). This section requires at least a 25-foot natural undisturbed area adjacent to vegetated wetlands, unless the project is water-dependent. There has been a clear and convincing showing by the applicant 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, this waiver is granted under the authority of Section 1.03(F)(!)(a) of the Wetlands Protection Regulations of the Town of Nantucket. ### 2. Cabral - 10 Pond Street - SE48-555 (56-294) Present were the applicant Herb Cabral, Jr. and John Shugrue. Mr. Willet comments that there is some difficulty with the location of the septic. We have been in contact with the Health Department. The Board of Health will only grant a waiver for a three bedroom house. You will need a variance from them to allow a four bedroom house. In addition they will require a trench system over the proposed leach pit. Mr. Cabral responds that at the last meeting the Commission was shown where the septic was going and its design. The use of trenches in this area would lead to surface contamination. I could get a ~...u......, ~Tlic-" l~?--~~ It" \"P~ "0.1 'U\i tl-t _jlJl.. i~'- ~:. . . ~~ I~! ...\ "-. ' ~=--Iltl ~^... ..;.:;L~ ..... ~ ,"' ..' ,,'" '" Oijp........:.~. $ ORA1~ ,,,~ '"I''''' Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 15 written affidavit from Wes Tiffany stating that the area in question is an insignificant wetland due to the berm that was created when the pond was dug. Mr. McKelway comments that the proposed septic will not meet Title Five requirements. In addition, this project would be the first waiver of the Commission's regulation requiring 100 foot separation for new houses. Mr. Cabral states that the septic has been moved as far away as possible. Mr. Shugrue comments that it is the underlying clay layer that traps the water and causes the wetland plant growth. The use of trenches would result in greater disturbance of the vegetation. The trenches would have to break through the clay layer for a much larger area. This increases the risk of causing the wet areas to drain and dry up. Title Five only requires only 50 feet from water courses and this project does meet those criteria. Mr. Borchert reads the definition from Title Five and comments that it could be considered a wet meadow. Mr. Cabral states that his expert considers it to be insignificant. Mr. Willet responds that the Commission considers Mr. Dunwiddie's expert advice in cases of disagreement. Mr. Shugrue comments that the septic tank should not be located closer than 10 feet from the foundation due to the increased risk of soil instability. The tank itself could be located within 50 feet of the wetland because it is a sealed unit. Mr. McKelway states that this project as proposed already requires waivers for the driveway, house location, and grading to the pond. The septic system would be a fourth waiver for the project. Mr. Cabral states that the house is already small at only a story and a half and 1600 square feet including the garage. If some other family comes in and wants to expand the house to four bedrooms they ~,..u"" lr~~~fl.~T~, .l'~ ..1-1- :ir~ \~~ '-or -ilJl} ro.", '" ,. . .\~ ~i:! ...\~ -h.....;: ,...,.. - .r~" .. -y^, ....yo;::~. - .' '0 ;: ill! "'0'" - ...." ~.. ~- I '9::-......... c;). ~ 'Wl,,'_"'ORA1~ ,.."" ........n."". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 16 will need the capacity in the system. I want to work with the wetland on the lot. It is only a surface wetland and shallow. Ten feet from the pond there are not enough plants or it to be considered a wetland. Mr. McKelway states that we are not sure at what elevation the groundwater is. The drawings submitted state that groundwater was not reached at 13 foot elevation. But the bottom of the leach pit is at 12.4 foot elevation. We need to know if the groundwater is at least five feet below that level. Mr. Dunn adds that we limited Hugret to two bedrooms. We would not be consistent to allow four in this case. If a waiver is required then we should look at what other waivers have been limited to. How did we get in this position? Ml-. Cabral states that he would consider building a three bedroom house but if he wants to expand it to four bedrooms he wants to be able to do it. Mr. McKelway explains that the plants in the disputed wetland are winterberry. There are considered facultative wetland plants. This means that they are found two thirds of the time in wetlands. If they are found in an area with other facultative-wet species, such as the high-bush blueberry also present at the site, they are considered an indicator of a wetland. Ms. Cheryl Creighton comments that it is important for the Commission to look at a particular site's carrying capacity. The Local and State Regulations that have been adopted were based upon scientific information. This information has resulted in the setbacks that are listed in the regulations. Mr. Cabral began speaking before Ms. Creighton was finished, so it was difficult to hear her last remarks. Mr. Dunn adds that the local by-law requires a lOO-foot setback from a vegetated wetland. Mr. Cabral states that the only damage to the wetland will be the digging. If the Commission is going to enforce the 100-foot setback rule in this case, then that will cause the lot to be unbuildable. I Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 17 will be forced to consider that action as a taking and sue the Town for the lot's value. MOTION: To 1. To reopen the hearing to receive additional information on the file with the consent of the applicant. 2. The Commission will pay for the advertising of the hearing in the Inquirer and Mirror. 3. To waive the requirement that the applicant renotify abutters of the hearing reopening. 4. To continue the hearing until December 14. Was made and seconded. UNANIMOUS 3. Robert Kaye - Top Gale Lane - SE48-567 - (27-7) Present for the applicant was Melissa Philbrick of Vaughan, Dale and Philbrick. Mrs. Philbrick comments that she was satisfied with the Draft Ordel- . Mr. Wasierski states that the proposed retaining wall around the court may in some locations not be high enough. It needs to keep the existing sand from getting into the wetland. MOTION: To issue the draft Order of Conditions with the change to allow three retaining ties instead of two where necessary was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS ROBERT M. KAYE DEQE FILE NUMBER SE48 - 567 ASSESSOR'S MAP 27, PARCEL 7 TOP GALE LANE ~....ro~t ~~14T..UeJr;~... ~..~~~"'- I.~y ~-s.\ .H1 \~-: t-ot -11J11 ~t"'''' ~., . .\.,. ~~i.a ~~.. -.. ._=-- ~~~.i ,,"'y^, ~- .' '0 ~ 'IG! "'0'" .... At; ~ ".to' '9::.......... Ii)' ~ ........-.:ORAlw ~....'ti ......"un...". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 18 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 siltation fence shall be installed according to the location and method shown on the final approved plan (dated 8/29/89). 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, 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 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 ......."....~ ,~...14TUelr;~, lr~$~~ 1f1 "'"P~ "0: 1 \U\~ t . _.IJI;1 ~i'" ~ -i'. i . \ ., ~ . ~ /".,,-;: 4', - -~"'" /,,, ;: , <:>..... -'-'ft:=...,.=...........,o ri ~~,ol?::""""'~' ~ .,.,.~ORA1\ .~..\,. --........'" Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 19 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. The construction sequence shall be that shown on the final approved plan. All work shall be done in accordance with the Notice of Intent, including the narrative portion entitled "Appendix B./I 13. For the retaining wall around the tennis court, a third timber should be used where necessary, even though the plan calls for only two timbers. UNDER THE NANTUCKET WETLANDS BYLAW ONLY: The Commission hereby grants the applicant waivers from Section 3.01(B)(3) and Section 3.02(B)(1) of the Wetlands Protection Regulations of the Town of Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136). These sections require at least a 25-foot natural undisturbed area adjacent to an inland bank and a vegetated wetland, respectively. There has been a clear and convincing showing by the applicant that there are no reasonable conditions or lli"un...,,, ~ ,,~TUet.."~ L~~"'~~~ l~A '"P~ .0: 1 \U\i tL..:- - :IJI. '-i"' -- - -,' i -." ~i. ~\.... _ ~ 1,.....5 ,...,.. -, ..-...", -....^... -'-'ft:=.....::o-- .''0 ~ ill! ...'O~ ....... ~ """'-' ~I't ........:r. '\). ~ v",',"'ORA1~ ,,,\~ ......."....". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 20 alternatives that would allow the project to proceed in compliance with the regulations and that the proposed activities will not have any adverse effect upon any of the interests protected by the Bylaw. These waivers are granted under the authority of Section 1.03(F)(1)(a) of the Wetlands Protection Regulations of the Town of Nantucket. ### 4. Barbara Collar - 17 Kimbal Ave. - SE48-572 (30-30) Mr. McKelway comments that the Commission received a letter from Nathan McMullan of Design Associates who is representing the applicant. He requests that the wording in section 2 be changed to allow the use of concrete piers instead of sonotubes. MOTION: To issue the Order of Conditions with the change as suggested in the draft was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS BARBARA COLLAR DEQE FILE NUMBER SE48 - 572 ASSESSOR'S MAP 30, PARCEL 30 17 KIMBALL AVENUE 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 snowfencing and haybales shall be securely staked between the project site and the top of the bank. This line, erected to prevent erosion and filling of the bank and to contain 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 . .....'''ua.'''1I #:ie~TUe ~~ ~,,:~J..._...![{t... J!.. t::J/ ".1-~'" ~~~ ...-p~ ~%11 \U\- io: ~1JI1 :t-:~~ ~ ~j. = ;!.\~ - ~;:! 1i .... -.- -.,.... ~ .,,'1;.. ~~"'" /1\. ;: 'c..... -'-'ft:=--=-- .........'0 $ ie~O~~........:;~. ~ rORA1~ it....... ......."". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 21 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 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- . .....'''UI'~ L~~~ tiff \~\ L _ -;(/1. t:r:- -r. I .....~ ---::--= - . ....~ \;....... -, - I." ;: 'y^, ~~. - .''0 ;: ~o." ~ ....1\,; '" iI'""., '9::..........~. .$ '7..'rORA1~ ~....~ .............". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 22 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. The new deck to be constructed on the north side of the house shall be supported by concrete piers. The dimensions of this deck and its distance from the top of the coastal bank shall be in accordance with the final approved plan, labeled "Site Plan" - Al, received by the Commission October 26, 1989, and marked "APPROVED PLAN." It is the applicant's responsibility to make sure the contractor uses this plan. 13. No excavated materials may be stockpiled within 25 feet of the top of the bank. 14. No coastal engineering structure of any kind shall be permitted on the property in the future to protect the project allowed by this Order. Section 310 CMR 10.30 (3) of the Wetlands Regulations, promulgated under MGL Chapter 131, Section 40, requires that no coastal engineering structure, such as bulkhead, revetment, or seawall, shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. UNDER THE NANTUCKET WETLANDS BYLAW ONLY: The Commission hereby grants the applicant a waiver from Section 2.05(B)(5) of the Wetlands Protection Regulations of the Town of Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136). This section requires at least a 25-foot natural undisturbed area adjacent to a coastal bank and requires that all non-water-dependent structures be at least 50 feet from a coastal bank. There has been a clear and '" ...a"'"ue...1Il L"F~~~~~14!.~' ~~ ~-s.\ !~., \~~ ,....Ot -jlJl! r'''' - -,'. .. .~~ ~l.! '" _ _ ....!IIt 'fo.""'~.. - ~"'" l^- ;: '" ".....~-..........'O,/ ~oI.,O-9~..........~. ~ v...~ORA1~ it"\" ..........."". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 23 convincing showing by the applicant that there are no reasonable conditions or alternatives that would allow the project to proceed in compliance with the regulations and that the proposed activities will not have any adverse effect upon any of the interests protected by the Bylaw. This waiver is granted under the authority of Section 1.03(F)(1)(a) of the Wetlands Protection Regulations of the Town of Nantucket. ### 5. Francis - 37 Dukes Road - Nan89-002 (56-329) MOTION: To issue the Order of Conditions as drafted was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS INGRID A. M. FRANCIS FILE NUMBER NAN89-002 ASSESSOR'S MAP 56, PARCEL 329 37 DUKES ROAD UNDER THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) 3. Prior to any activity at the site, a siltation fence shall be properly toed in and staked along the lines shown on the final approved plan. In addition, another semicircle of siltation fence shall be installed between the well site and the wetland. After the fence is 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 or agents 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. ... _"tt'UlIIJl ~...~TUC""~~ ~~~-~>- I. f:>/ ".10 iJ. ~t" "'"p is :!o" \U\i tL-t .'". jlJl. r-."":'~ ~:. . · \ ~_ -'!. 1 : ! ~\ "'- ","-l~1 -s..'y^, -i"=;: ~_ .....;: "...._ .. __ .._ "v~ -;....O-9::........;;~. ~.. ..,....'..rORA1~ ~..\'1 ~..........II"". Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 24 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 co~position; 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 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. .. AC','ttttlllll:1I. 'o..\e~TUC '''''' ,," ..vp.....-![~)-" I. 0/ ....... ~ 'fIGo ~~. ..~\ ~~!1 \~~ tOt -jlJl! 1-.",- ~ _,' . .\~ --~ i:' .. ... - .~~ p... - -.:.:;t5!i"'" lA. ;: ,....^... -'-'ft:=.....=-- ..' '0 ,:; iI! ..0'... ." ... ~ iiI'.,._, iii> ".........;, ~. ~ ".,,'-ORA1.. it........ .......11.."'.. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 25 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. In all cases, no part of any structure, including decks, shall be closer than 50 feet from the wetland edge. 13. The new house and driveway shall be constructed so as not to cause erosion to the hillside or the existing gravel drive, which could in turn cause siltation of the wetland in the future. 14. The driveway shall be constructed of a pervious material. 15. To minimize harm to wildlife, the use of any pesticide is prohibited, except within 15 feet of the house. UNDER THE NANTUCKET WETLANDS BYLAW : The Commission hereby grants the applicant a waiver from Section 3.02(B)(1) of the Wetlands Protection Regulations of the Town of Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136). This section requires at least a 25-foot natural undisturbed area adjacent to a vegetated wetland, unless the project is water-dependent. For the placement of the proposed well, there has been a clear and convincing showing by the applicant 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, this waiver is granted under the authority of Section 1.03(F)(1)(a) of the Wetlands Protection Regulations of the Town of Nantucket. ### -""""u....'1l ~~r~~14T~;~~ I. ~'"'.1-\ It \"piS ..~., \U\;. t....: :1JI;1 ....:~..... -1- = .\~ '!oF:! ....\ ~ -I.~"...;: \,~~... - - - ,';;'''~ ~"'O" - .,.... ~ il'b' '9~'''''''..li)' ~ "'..~rORA1~ it...." ........11."". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 26 6. Sesachacha Pond - Board of Selectmen - SE48-569 (23-2) MOTION: To issue the Order of Conditions as drafted was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS NANTUCKET BOARD OF SELECTMEN DEQE FILE NUMBER SE48 - 569 ASSESSOR'S MAP 23, PARCEL 2 SESACHACHA POND UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) 3. Because the main reason for this project is to enhance finfish and shellfish populations in the pond, care should be taken to cut the barrier beach at the proper times in the spring and fall. In the spring, the beach may be cut only during the month of March or April, on the spring tide, during the herring run but before any rare species begin to nest on the beach. In the fall, the beach must be cut only during the month of October or November. 4. In no case will the cut in the barrier beach be kept open by human intervention longer than one week. 5. Walking and driving over vegetated dunes are not allowed. No disturbance of vegetative cover is permitted. 6. Members, employees, and agents of the Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions and performance standards stated in this Order, 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. ~.'stn....., llTU'~t L~."~),~ If, '"piS "0: 1 \U\\ tl-L , -;IJI.. . i"'~ -1:'. I " . - -... ......~' -ll\:/t \"'~"" ~--=-- -.,'0 i '" .. '0"..... .... -.. ~ """, ~^ ......... ~. ~ ....,.~ORA1\ ........ ---.....," Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 27 7. The applicant shall be responsible for monitoring site activities so as to minimize erosion, siltation, sedimentation, chemical contamination or other detrimental impact to the on-site wetland and/or off-site resource areas. 8. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 9. Used petroleum products from the maintenance of construction equipment and all debris generated by the project shall be disposed of responsibly off the site. No on-site disposal of these items is allowed. 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. 10. No coastal engineering structure of any kind shall be permitted on the property in the future to protect the project allowed by this Order. Section 310 CMR 10.30 (3) of the Wetlands Regulations, promulgated under MGL Chapter 131, Section 40, requires that no coastal engineering structure, such as bulkhead, revetment, or seawall, shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. 11. A monitoring program shall be instituted to record the effects of opening this pond. UNDER THE NANTUCKET WETLANDS BYLAW ONLY: While this project is likely to enhance certain fisheries and shellfish resources, the resulting rise in the salinity of the pond may adversely affect certain plants and animals which are not the species targeted for management. In addition to its effect on the protected interest of wildlife, the project could possibly adversely affect the protected interests of private water supply, groundwater, and storm damage prevention. To allow this project for its beneficial effects, the Commission hereby grants the applicant a waiver under Section 2.07(B)(4) and Section 1.03(F) of the Wetlands Protection Regulations. . ..-,,,m~ "".y~~14!.U.Ef[;''t+.. ~ ~.. :;...-- .... ~ ~ '" r~y '\oS-'t !$!1 \~~ to: "1JI2 t-:-;_ ..j- : .\, l~! ... "'-~ -.. - ~A""~ ~..- 1.....,., -y^, -.,...::: ~- - .''0 ;: "'". .. --- .... ~ ~ O~::''''''''e~' ~ ~~ORA1'" ........ ............"".. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 28 ### 3. CERTIFICATE OF COMPLIANCE a. Weisskopf - 113 Baxter Road - SE48-467 (48-11) MOTION: To issue the Certificate of Compliance as recommended by the staff was made and seconded. UNANIMOUS 4. EXTENSION PERMIT a. Briskman - 2 Long Pond Drive - SE48-321 (59-28) Present for the applicant were Glen Wills of Nantucket Surveyors and Melissa Philbrick of Vaughan, Dale and Philbrick. Mr. Willet reads the inspection reports of November 6, 8, 1989 and the recommendation of the inspecting team on November 8 to deny the extension request. Mrs Philbrick comments that the wetland boundary line is a result of 1985 Denials by the Commission that were issued for a number of lots in the area. The Briskmans filed a new NOI after the appeals were withdrawn and other lots were sold to the Nantucket Islands Land Bank. Last year the plan was modified at the hearings for the first extension. I would ask that the commission issue the final one-year extension. I also suggest that the conditions on the property have not changed from last year; the regulations have changed a lot since the filing in 1985. The installation of a test well was the only work done on the property. With a denial of this extension, the Commission will have to deal with a new NOI, set a new wetland boundary with a waiver for sweet pepperbush to allow this lot to be buildable. There have already been extensive discussions concerning the boundary on this lot. To have to rehash the information allover will be inefficient. Currently the lot is buildable. But under the new regulations it will require a waiver. If the Commission is not in the mood to grant a waiver then the lot ~,'''SI'''1I1 ~.,..~~~!.UCJre-'+.. I.~r ~...~~'S ;::~. "'"P" !~!~' \U\': tOt? - ilJll I-\~~,. - ..~~~t::! p\ ~~"'"- ;" ~ ""y,.... ~-O::>-. ..' '0 ~ II! ,"'0'" ." >.; ~ ir4lo..' J9,.:..........li). ~ "4lo..rORA1~ it"''Ii .......1311"". Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 29 will become unbuildable. To grant the extension would seem the least onerous of the available choices. Mr. Willet asks the size of the building envelope? (2275 square feet ). Mrs. Philbrick adds that the plans are for a 3-bedroom house with a 26-foot ridge as measured from the northernmost corner of the house. Mr. Willet reads a letter from the Land Bank, an abutter to the property, who request denial of the extension request. The letter comments that the abutting properties were acquired to protect the wetland environment and scenic integrity of the Madaket area. Mrs. Philbrick shows a plan delineating the Land Bank holdings in the area. This lot was not on the list to acquire. If the lot was so important to open space and scenic integrity of the area, then why did they not acquire the property when they purchased all the others, she asks. Mr. Borchert asks how the septic system stands with the Health Department. Mr. Wills comments that it meets the five-foot separation required in Title Five. Mr. Dunn states that the commission should not approve the extension without some more definitive plans on the house. Mrs. Philbrick comments that the actual house footprint will be smaller than the approved building envelope. The septic system will not be any smaller. A new NOI would use the actual house footprint. Mr. McKelway comments that under the newer state regulations, the impact on wildlife must be taken into consideration. Mr. Borchert comments that a mitigating measure to allow the project could be a reduction in the septic size. Mrs. Philbrick adds that there is a deed restriction that sets 1100 square feet as the minimum house footprint. ....-"'m~ ':.~UCJr;~ L~/ ~~~ lf~ '"P'=- .0: 1 , \U\i ~I-!"- :i~: o\~ '''10. ~'-~..;. - ..,.",,-<1' ...~_. -="-,- 1.." ;: ,~;:... ~->'",,'O~ 'f._O~::........;;~. ~ V,4lo.',,-ORAlv :t....~ .......,.."',,. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 30 Mr. Dunn comments that the Commission cannot issue the extension with the building envelope being so close to the wetlands. MOTION: To deny the request to extend the Order of Conditions was made and seconded. All in favor with Mr. Borchert abstaining from the vote. b. Woodbury Realty Trust - Woodbury Lane SE48-312 (41-543) Present for the applicant was Renee Ceeley, Trustee of Woodbury Lane Realty Trust. Ms. Ceeley comments that she is amending her letter to request a one-year extension for the project. Topsoil has been piled around the house and landscaping should be completed by December. The existing extension permit ran out October 24. It was an oversight on my part. MOTION: To grant a one-year extension to the project was made and seconded. UNANIMOUS 5. OTHER BUSINESS a. Cattail removal Madaket Bridges - discussion Mr. McKelway comments that he had talked with a contractor and was quoted the price of $ 75 per hour for the excavator and $ 55 per hour for the dump truck. This company also had mats to place over wet areas. The maximum budget available would be $ 2,000. Mr. Borchert asked the time frame for the work. Mr. McKelway responded that the work could be done within one or two days. The consensus of the Commission was to receive additional costs for time and materials from other contractors and decide at the next meeting. _"..II''''ll ~,..14TU eJr/!"4& 1()~~~.J~ ~~Y ..:S-\ ~~/1 ,~~ t-o: _:1JI2 r-i'"' - ~:. = . ~ ~_ - i ~ ! ...\ ~'- -."A....~ ~...,.. -, .... ;; 'y^, ~~. - ..''0 ~ "'0'" ~ ....... '" "<tJ J9 ;:......... \). ~ "....~ORA1\ .......... ............,,'" Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 31 b. Tristrams Long Pond Owners - Amend Order of Conditions? Mr. McKelway comments that the Commission has received a letter from Jerry Smith of Aquatic Control Technologies asking for the Commission to amend the Order of Conditions. He hopes that DEP would then be able to withdraw the appeal of the Order. I have contacted DEP and they still have some problems with the work planned even under the amended Order. DEP would like to have some more vegetation mapping of what is growing where before the project starts. They did not seem to be in a compromising mood. For that reason, Smith is withdrawing the request for an amended Order but would still appreciate the Commission's support in other ways. c. James Hawkes - Formal approval of agreement MOTION: To approve spending $ 265 dollars for the Hawkes project on Smith Point/Ester's Island area and also to thank Island Lumber for donating the two rolls of snow fence for the project was made and seconded. UNANIMOUS d. Budget FY 1991 - Discussion Mr. McKelway recommends that the budget for fiscal 1991 remain the same as the budget for 1990. MOTION: To approve the budget as recommended by the administrator was made and seconded. UNANIMOUS e. Sharp - SE48-520 (26-22) - Minor Modification Present for the request were Melissa Philbrick, counsel, and Randy Sharp Mrs. Philbrick states that the conservation restriction allows for minor changes in lot lines. The Sharps are going before the Planning Board to make a small change to consolidate two small lots .~""''''''Il ~~~14!.uC/f;~... I.V" ~~-s."f,~ It, \"p~ "'0:' ~U\l t'-:- - :IJI... r-\-,"" , -:' i · ~ ~_-=,-, - ~~~ i~~...... ......\... -....;.- -. ~ <r.~.. ~....~"'" I.";: " ".....~. .....,,'0 ~ .,...._O.c?::........;;~. .$' "",,''-ORA1... it""'" .......1111"". Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 32 into one. The one lot is 69,000 square feet and we need 80,000 square feet to be able to build. By combining the lots we will be able to use it. There will no change in the building envelope or number of houses allowable (only primary and secondary on the combined lot). We just felt that we should come before the Commission and inform you of what is being planned. MOTION: To approve the lot line change and consolidation as a minor modification to the approved plans was made and seconded. UNANIMOUS e. Bovenzi - SE48-543 (21-26.9) Driveway Modification Present for the applicant was Randy Sharp. Mr. Sharp submits a new plan that specifically lays out the driveway. The driveway is shorter than the one drawn at the last discussion a couple of months back. There will be a walkway to the house from the garage and not a driveway right up to the house. MOTION: To accept the change as a minor modification to the approved plans was made and seconded. UNANIMOUS f. Bewkes - SE48-298 (82-20) - Minor Modification Commissioners Lee Dunn and Carl Borchert abstain from the discussion. Present for the applicant were Ted Tillotsen, counsel and John Shugrue, Engineer. Mr. Tillotsen summarizes the status of the project, commenting that a number of the lots have been conveyed to the Land Bank and that the project has already received its second extension from the Commission. What the applicant proposes is to change the road layout. There would be an easement to allow the road change. The plans are to put in a gravel spec road along a portion of the border " -,""'~ 'r~''''14TUeJr;'~ ~O~ ~1-\ ~~.1 \~~ ~Ot jlJl! 1-\",- _ _".1 .~., _ ~1._ ....~ ~~ - h........ 'SL~... _. ~.... .. i""~ -'-'ft:=.....=-.:;........,o J' "'_0-9::........~~. ~ ....,..._,..ORA1~ it""'!> ............,,,. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 33 of the property and then use the easement to cut across the lots. We would stay on the existing roadway. Mr. Shugrue adds that the existing culvert is made of metal and the applicant plans to change it to reinforced concrete. There will be only one stream crossing and underground electric and cable TV conduits will be put in place at the same time as the culvert work is done. Mr. McKelway asks if Mr. Tillotsen could enlighten the Commission on the pending suit against the Planning Board. Mr. Tillotsen responds that the Planning Board requested that the elimination of two roads. They wanted to applicant to put them on somebody else's property and change property lines. To do this would have caused some of the lots to be unbuildable due to the 10 acre zoning in the area. The suit was to protect the interests of the owners. MOTION: To accept the road and culvert location changes as a minor modification to the approved plans was made and seconded. UNANIMOUS g. Woodbury Lane - Brushcutting Present for the discussion was Renee Ceeley, Trustee of Woodbury Lane Realty Trust. Mr. McKelway comments that the buffer area around the replication had been brushcut. It is hard to say, but some wetland vegetation may have been cut as well. There have been some ruts left from the tractor. Ms. Ceeley states that the work did not go into the wetland proper. The ruts were due to excessive rainwater this year making the ground soft. The brushcutting actually enhances because it spreads the seeds over a larger area than would happen natural wind borne travel. The Commission needs to set up a policy concerning brushcutting around wetlands. ... ~tcat~ ~~14TUeJr;" ()r~~1. Itl \"p~ to.1 'U\i ....t jlJl. '-\~'- ,. . .\~-- I~I ,.,,~.,;.. - .IA"'/t ~c.'" ~--"""- - ,'~6" ~ o i;::-.......;.~...., ~-.:ORA1~ it"\'tJ .............,,,. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes November 9, 1989 Page 34 MOTION: To continue the discussion until the next meeting and put the property on the next field inspection was made and seconded. UNANIMOUS h. DEP Site Visit - Lily Pond Appeal - Nov. 28 9:45 AM 6. CORRESPONDENCE 7. MINUTES: for October 12, 26, 1989 MOTION: To approve the minutes from October 12, 1989 was made and seconded. UNANIMOUS 8. BILLS TO BE PAID 9. FIELD INSPECTIONS - Monday, November 27, 1989 3:00 PM Adjournment at approximately 11:00 p.m. ~ I i- '-' L- I 'II '-- 1-/.' Iv,,,,t< ~ 4 'i888 --- . . -. ,,_ '. ~ It "fT' ."".'r-- oeoe File No.1 I (To be provided by OEOE) T 'NANTUCKET Cityl own Robert Sarvis Applicant Form 2 ,~ ~I'(f Commonwealth \~i of Massachusetts ~ ~HERBUANE, POWERS c:. Nantucket Commons Trust Determination of Applicability Massachusetts Wetlands Protection Act, GoL. c. 131,140 From NANTUCKET CONSERVATION COMMISSION Issuing Authority To Robert Sarvis (Name of person making request) Same (Name of property owner) . P.C. Box Drawer H Same Address Address Nantucket, MA 02554 This determination is issued and delivered as follows:, March 21, 1988 (date) (date) o by hand delivery to person making request on IX! by certified mail, return receipt requested on Pursuant to the authority of G.L. c. 131, ~40, the NANTlJCKET CONSERVATION COMMISSION has considered your request for a Determination of Applicability and its supporting documentation. and has made the following determination (check whichever is applicable): This Determination is positive: 1. ~ The area described below. which includes aI1Ipart of the area described in y~r request. is an Area Subject to Protection Under the Act. Therefore. any removing, filling, dredging or altering of that area requires the filing of a Notice of Intent. 2. 0 The work described below. which includes a1Vpart of the work de.scribed in your request. is within an Area Subject to Protection Under the Act and will remove. fill, dredge or alter that area. There- fore. said work requires the filing of a Notice of Intent. 2-1 Effective 11/1/87