HomeMy WebLinkAbout1988-03-17
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
AGENDA FOR ~illRCH 17, 1988
A. PUBLIC HEAEINGS
1. Joseph & Joan Cochran ET AL - E;E48-442 - 5.[.. & 56 No. Beach St.
2. J. Pepper Frazier .- SE48-"':',5 - 3'/ Gardner Road
3. YIonomoy Harbor Realty Trust - SE,*8-46'.:, - 6) llIionomoy Road
~. J. Sew~rd :oh~Eon, Jr. - Almanac Pond Road (cont.- 3/17/88)
5. K & B Realty Trust - SE~8-469 - Crooked Lane
6. Sam & Ri<:a St.ark - SE48-l,.70 - 39 Millbrod: ROed
7. Anna F. Gelding - 99 Baxter Road
8 . ~J,~r~t'lckā¬.t, (:OITh"TIt)r;s 1irust - Pleasant :3tl--eet
B. REGULAR IVJEETIl\G
1.
IVlinut.es
Minutes
Minutes
~")f ~"'\ebrtlar)i
c;f .tc'ebru,ar:t~
of r"larch 3,
1~ 1C:pc,
........, -'-- ~ ~, I,J
2.5, 1988
3..988
2 .
Other Bu::;iness
a. LTim Gay - S/:T h1auwinet Trust - SE48- 392 - prop. pier
D. Warren's Landing - open bids for clearing pines
c. Old "bylaws" - save some as amend.'T',e:1t:=. to ne,,! regs'?
d. M.-3.rcia. Litchfiel-:i - lett.er to re~~. lea'\.,re ,"jf abse11ce
e. Na!7ie- 1:"E:F\!:."esentati'\Te (s; tCi ne\..,r ~~lar-jc,r ::::tu:jy.. cc:rrmi ttee
f. 1?12!1nea. reno'fv2.'tion of vJl:itetieac tl~~use at Sanl{at.y B111ff
g. .F'i__:.Ddj_=-~g C'l"ts - twc~ warrallt ,3.!....tic:le aCCOUI1-c.;2',
h. E:.il2. };"e~'ldirlg" .3.bc)ut Ste~.51"'li1-J Aut.hoI"i-t:y
Request.2 !:~:):r- De~~errr~inat':c:-l
a.. Henl-~l })::'i!~e/I)a~l A}:t .- 12 ~'.5.1-Itemc: t'\.1a~T, (;:"~5C:()
t.l.. l'Jarlt.'l.1c}:et (~orr:nons T1....ust - F'leasa:1t. ::,:.J~:reet
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~. Certj_ficates of Complia~~e
d. PerKil:5 - La?rence - S~4e-286 - 'Talley View Dri~Te
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?iel:j l~spect~c~s
a.. -="'/ ,-; t'~~e.;l~~lj.net. T::ust - ~'"E,*8 -:3 9:2 - l'\1a~.:wine~ - ];"ro~'o5ed. :f:lier
b. Bob XcSra~h - road along Miaoomet Pond
c. D::. l-2en=--~J L. Price/Fjaul Axt .- 12 Tauter:1() Wa:,; 1 ':;isco - FPD
d. Anna Gelding - 99 B;:?):ter Read - NOl
e. Na~tucket CCm~ons - Bear & Pleasant 8tree~5
f. Top~end Properties - Low Beach Road - NOI
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 17, 1988 Page 1
MINUTES OF MARCH 17, 1988
The public hearings of March 17, 1988 were called to order at 7:33 PM.
Members present were: Peter W. Dunwiddie - Chairman, Lee Dunn, William
Willet, Donal& Visco and Henry Wasierski. Members absent were: Carl
Borchert and Granville Cranston. Administrator present: Ben McKelway.
A. PUBLIC HEARINGS
1. Joseph and Joan Cochran ET AL - SE~8-~~2 - 5~ & 56 North Beach
Street. Ted Tillotson of Sherburne, Powers and Needham, agent
for the applicant, had made a request that day for a continuance
of the hearing due to John Shugrue, another agent for the
applicant, being out of town.
A motion was made to continue the hearing at the request of the
applicant. The motion was carried.
2. J. Pepper Frazier - SEi!8-~55 - 37 Gardner Road. Kevin Dale of
Vaughan, Dale and Philbrick and Tina Coughanour of IEP were
present as agents for the applicant. Robert Daylor of Daylor
Consulting Group was present as agent for opposing abutters.
Bill Willet abstained from the hearing.
Mr. Daylor submitted a review of the Notice of Intent and
exhibits on behalf of a direct abutter to the south, Richard F.
Tucker. In sum, he recommended the following issues be
clarified prior to the issuance of any Order of Conditions:
1. The limited upland portion of the lot would be intensely
developed including locating one of the two buildings within the
100 year flood plain. The driveway and parking area for the
building nearest the salt marsh would be below the flood level.
2. The plans should specify that there is no habitable space
within the foundation nor will that space be used for utilities
that cannot be flood-proofed.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 17, 1988 Page 2
3. There are no first floor structural elements that sit in
beam pockets or internal piers that are below the flood level or
proof that such structural elements will be "adequately
anchored" to prevent later movement during flooding.
Otherwise, Mr. Daylor concluded that IEP's calculations and
analysis represented a reasonable professional evaluation of the
hydrogeological conditions at the site, although different
conclusions may have been drawn had a full 12 hour tidal cycle
been observed. He also recommended the Commission consider not
allowing any work in Gardner Road for reasons of relocating an
existing way across the Everett H. Crosby land to a site at a
lower floodplain elevation. In general he felt the interests of
the Act would not be protected if the house closest to the Karp
residence were built.
Ms. Coughanour felt the short observation time in documenting
possible tidal effects on ground water elevations had been
sufficient and found conductivity to be very slow. She said the
existing road is already in a floodplain and would have a
maximum of 6 inches during a 100 year flood.
Mr. Dale responded to the question from the last meeting about
a note on the title about the Wetlands Restriction Act. He said
it did not apply to this portion of the lot, but does to
another. He added that the above-mentioned access road to the
Crosby's is really a private road.
Lynn Zimmerman of the Nantucket Land Council asked if the
Commission was going to consider this a coastal bank. Ms.
Coughanour referred her to Exhibit D from one month ago and
elaborated on the definition. She said the site exhibits good
slope stability and should not be considered a coastal bank.
Lynn pointed out that in the Willet case of Fall 1987, DEQE had
considered that section of Monomoy to be a coastal bank even
though the presumptions of significance were overcome.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 17, 1988 Page 3
Peter Dunwiddie asked Mr. Daylor to comment on the DEQE's
coastal bank definition. Mr. Daylor said he was in basic
disagreement with the state on this. Any bank which does not
contribute to the various coastal processes cannot in his
opinion be considered a coastal bank. Ms. Coughanour said many
towns determine a coastal bank using a 15 - 18 degree basis.
She said, though, the main consideration should be determining
what effect the project will have on the stability of the area
in question.
Henry Wasierski moved to close the hearing. The motion was
carried.
3. Monomoy Harbor Realty Trust - SE~8-i!65 - 60 Monomoy Road.
Attorney Kevin Dale was present with Tina Coughanour as agents
with the applicant, Mrs. Dujardin. They submitted 2 alternate
plans. One plan SP-l had moved the dwelling further back from
the wetland yet had kept the replication plans and the filling
of the wetland in order to build the garage. The other plan
SP-2 had no replication nor filling, but placed the dwelling a
mere i! feet away from the wetland in a buildable area. Ms.
Coughanour said the Commission now needed to place a value on
the wetland.
Peter Dunwiddie stressed the Commission had tried to avoid
condoning replication and setting the precedent of filling
part/all of any wetland in order to build. He also preferred
to not have to place any value on the wetland. Donald Visco
asked for clarification from Tina on exactly how replication
would be carried out if allowed.
Debbie Nicholson, speaking on the behalf of abutters Mr. Ernst
and Mr. and Mrs. Bessie, said they were all concerned with any
possible alternation of the ditch system. They acknowledged a
mosquito problem in the area, yet did not want to see the
drainage and flow stalled or changed in a negative way.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 17, 1988 Page ~
The two plans were discussed and compared at length. Lee Dunn
thought SP-1 had some merit and assuming the replication was
successful would be beneficial to wildlife. Ms. Coughanour
offered to supply periodic reports on the success of the
replication. Lee also thought if the Commission was concerned
about setting a precedent, then the ~ ft. buffer zone in SP-2
would be stretching things. He askied Mrs. Dujardin which plan
she would prefer and she said SP-1 which placed the house
furthest away from the wetland.
Donald Visco pointed out that monetary considerations are always
important and in this case replication would represent quite an
investment. Although Lee Dunn thought this may be a somewhat
marginal wetland, he was concerned about any filling. Donald
cited many cases in the past when the Commission itself had
filled wetlands. Bill Willet liked plan SP-2.
The consensus of the Commission favored SP-2. Lee Dunn
suggested the applicant supply the following information:
* specific and precise measurements shown on the plan for
distances to the wetland from the house.
* the location of siltation fences.
* finished elevation at the house.
* a written description of construction.
* detail on pedestrian traffic, the bridge and any cutting to
be done.
A motion was made to continue the hearing for more information
from the applicant. The motion was carried.
i!. J. Seward Johnson, Jr. - Almanac Pond Road. Jack Ranieri was
present as agent for the applicant. Bill Willet abstained from
the hearing.
Mr. Ranieri produced an as-built septic plan, as requested.
said if it was ever to be expanded, it would be on the side
from the wetland. He estimated 100 cu. yds. of fill. The
toilet and bathing stall would go into the existing septic
system.
He
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Town
Conservation
of Nantucket
Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 17, 1988 Page 5
Lee Dunn thought the plans still seemed somewhat incomplete.
They needed to show protective measures like staked haybales,
finished grading plans and contours, and firm distances to the
wetland.
Lynn Zimmerman of the Nantucket Land Council asked how many
horses the barn could potentially hold. Mr. Ranieri said 6.
Lynn said livestock typically produce large volumes of
urine and thought there may be some negative effects on the
wetland or water table from nitrate loading. Mr. Ranieri said
all manure would be trucked off the site, but did not know where
to. Donald Visco said he often gets requests for fresh manure.
Donald also thought this matter would best be addressed by the
Nantucket Board of Health which has regulations for the storage
of manure.
Peter Dunwiddie asked Ms. Zimmerman to check with the Board of
Health on volume of nitrates produced by livestock and
protection from them, and asked Mr. Ranieri to contact the Soil
Conservation Service about this and manure disposal. A motion
was made to continue the hearing for more information from the
applicant and a DEQE file number.
5. K. & B. Realty Trust - SE48-i!69 - Crooked Lane. Robert Daylor
of the Daylor Consulting Group was present as agent for the
applicant. He had decided to connect to the Town sewer using 3
possible routes. He recommended the plan to hook up to the West
Chester Street system using grinder pumps to tie together and
thus eliminate anyon-site sewage disposal systems.
Discussion surrounded a generator designed to carry a 3-day
power outage, the fiberglass tanks and their watertightness and
anchoring. The finished grade will match the existing grade.
The plan has been run by the Nantucket DPW and met their
approval.
Peter Dunwiddie wanted more detail about the replication
schedule. He wanted a special condition requiring success
within one growing season.
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Town of Nantucket
Conservation Cotnmission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 17, 1988 Page 6
A motion was made to close the hearing. The motion was carried.
6. Sam and Rita Stark - SE~8-i!70 - 39 Millbrook Road. Mr. Stark
had requested a continuance of the hearing pending the return of
his agent John Shugrue from vacation. A motion was made to
continue the hearing at the request of the applicant. The
motion was carried.
7. Anna F. Golding - 99 Baxter Road. Melissa Philbrick of Vaughan,
Dale and Philbrick was present as attorney for the applicant.
This is the i!th house so far to be relocated back from the
eroding bluff. Ms. Philbrick said the applicant wishes to begin
work around April 1, 1988.
A motion was made to continue the hearing for a DEQE file
number. The motion was carried.
8. Nantucket Commons Trust - Pleasant Street. Garrett Hollands,
Vice President and Principal Geologist of IEP, Inc., was present
as agent for the applicant and Ted Tillotson of Sherburne,
Powers and Needham was present as attorney for same.
Mr. Hollands gave a presentation in which he requested a waiver
of the former 25 ft. setback from wetlands. He was not aware
this application had been filed under the newly adopted
Nantucket Wetlands Regulations with an actual received date of
February 26, 1988 in its complete form. The new regulations
require a 50 ft. setback from wetlands.
Nevertheless, Mr. Hollands insisted that the wetland in question
was of low vegetative and wildlife value and that no
construction would take place in the wetland itself. The
proposed building would be 6 ft. away from the wetland at its
closest point, and, perhaps more importantly, would span over
half its length along one side and cover i!OOO sq. ft. He
believed construction could be safely carried out this close to
the wetland with no serious damage. He also suggested the
Commission should consider a waiver for what he considered
exceptional circumstances.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes. of March 17, 1988 Page 7
Emily Austen, a private citizen, considered the development in
this area as a complete blight on the Town of Nantucket, felt
the applicant's methods were questionable and that he was
attempting to coerce the Town to permit him to build in a
wetland. She felt this was a undoubtedly a wetland.
Lynn Zimmerman of the Nantucket Land Council saw this argument,
and those in the past with this applicant, as being reversed of
what it should be: the applicant argues that since the wetlands
in this area are small and of low value, then development should
be permitted. Lynn felt that since the wetlands ~ small and
QQ harbor wildlife in an urban setting, then they should be
protected. She questioned the applicant's wildlife inventory
which she thought had been done in mid-winter. Mr. Hollands
said there had also been a survey done in July which still had
determined low wildlife value. Lynn continued by suggesting the
Commission should take advantage of the new local regulations
and the existing bylaw to protect wildlife in this area. In
addition, she did not feel this application was worthy of being
considered under "exceptional circumstances" as Mr. Hollands had
suggested.
John Austen, as a private citizen, urged the Commission to hold
to their 50 ft. setback restriction and was worried the
construction debris would be found in the wetland.
Ms. Zimmerman read from section 302-B of the new Nantucket
Wetlands Regulations. There was further discussion about the
proposed distances from the wetland. Peter Dunwiddie was
concerned about protection measures. Lee Dunn read from the
regulations about waivers being used only in rare and unusual
cases.
The underneath parking and the size of the building were
discussed. Ted Tillotson said it was designed to cut down on
the amount of paved area in the development and would be ~ ft.
above the wetland. Peter Dunwiddie had trouble accepting
testimony that a building this large would not have any negative
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of March 17, 1988 Page e
effects on a wetland that small. Mr. Hollands said he never
claimed it would not have any negative effects, but again
stressed his view that this was a low value urban wetland. Lee
Dunn was concerned that shading from the building would have a
negative effect. Mr. Tillotson thought the building would be to
the north of the wetland and therefore shading would not be a
problem.
Mr. Hollands elaborated on the use of arbitrary setback
measurements and questioned the scientific basis for the 50 ft.
in the regulations. In this case, he saw so little wildlife
value that there was really no need for a setback. Peter
Dunwiddie responded by stating it was the Commission's duty to
minimize the negative effects on wetlands and their wildlife in
general. Mr. Hollands then conceded at this point that it only
made sense to continue this hearing if the Commission would
consider waiving the 50 ft. setback. Mr. Tillotson added that
the applicant was only trying to excercise his legal rights to
build and asked the Commission to respect DEQE's past
determination about the status of this wetland. He said they
should not be considered evil just because they were on the side
of the fence opposite from the Commission.
Mr. Hollands cited this case as not being an unusual situation
and said similar projects happen elsewhere with success. He
said just because this may be a first case here, that is no
reason for denial.
There was discussion about the fact that a DEQE file number
would not be issued, since the Notice of Intent was filed only
under the Nantucket Wetlands Protection Bylaw. The Commission
decided to issue its own file number - NANT88-1.
A motion was made to close the hearing. The motion was carried
with a unanimous vote.
Peter Dunwiddie asked Ben McKelway to draft both a denial and an
Order of Conditions with Findings, Discussion and Special
Conditions. The Commission would issue one or the other at the
meeting of March 31, 1988.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 17, 1988 Page 9
B. REGULAR MEETING
1. Minutes of February 18, 1988. The Commission decided to accept
the minutes at the March 31, 1988 meeting.
Minutes of February 25, 1988. The Commission decided to accept
the minutes at the March 31, 1988 meeting.
Minutes of March 3, 1988. The Commission decided to accept the
minutes at the March 31, 1988 meeting.
A request was made to place the Minutes at the end of Agendas
for future meetings.
2. Other Business
a. Jim Gay - S/J Wauwinet Trust - SEq.8-392 - proposed pier.
Mr. Gay and Joseph Forns were present to discuss proposed plans
for a pier at the Wauwinet House and 2 outdoor showers to be
built 75 ft. away from the Harbor. He said there had been a
long pier there historically and the one proposed would be
seasonal.
Peter Dunwiddie and Lee Dunn felt the pier project needed to
have a Notice of Intent because of possible public controversy
and the need for details and conditions. Mr. Gay was asked to
send a letter with details of the shower set-up and he agreed to
do so. Henry Wasierski favored using cold water only to
discourage the use of soap and thus avoid possible
contamination. He also thought there could be a problem with
the plumbing inspector about dealing with gray water.
b. Warren's Landing - open bids for clearing pines. One bid
was received from Frank Powers, Jr. in the amount of $2800.00.
Since there was only $1600.00 available in the budget, the
Commission decided to put out another bid for the brushcutting
of pine seedlings only and asking for an hourly fee,
specification of the horsepower of the tractor and the width of
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 17, 1988 Page 10
the cutter to be used. The bid must include an estimate of the
number of hours needed to complete the work. Ben McKelway
agreed to send Mr. Powers a letter in response to his bid.
INSERT:
b. I Robert Daylor - Wayne Dupont - Codfish Park Road - req. to
amend Order of Conditions. Ben McKelway reported on the issue
at hand whereby DEQE had intervened after an Order of Conditions
had been issued on Jan. 26, 1988 by the Commission.
Robert Daylor, agent for the applicant, requested an amended
Order to reflect concerns by DEQE rather than wait the several
months it would take DEQE to issue a Superseding Order. He had
submitted a letter with a supplemental plan attached, stating
that DEQE had agreed to withdraw its appeal if the Commission
granted his request, provided the addition to the home is built
on pilings. He recommended advertising for a Public Hearing and
issuing an amended Order at the meeting of March 31, 1988. Ben
McKelway said the arrangement Mr. Daylor proposed did not match
what DEQE environmental engineer Lealdon Langley had told him
shortly before the site visit, which was that the case would
have to be formally remanded to the Commission before there
could be any further local action. He said he had tried
unsuccessfully to contact Mr. Langley and confirm Mr. Daylor's
new arrangement.
After some discussion about the changes in the supplemental plan
including the addition being on pilings and the garage being
made a separate structure, a motion was made to send a letter
confirming that the supplemental site plan accompanying the
request for an amended Order of Conditions constituted a minor
change to the original plans as submitted and therefore neither
an amended Order nor the filing of a new Notice of Intent is
required. The motion was carried.
Mr. McKelway said DEQE policy frowns on this method of dealing
with plan changes and instead requires either a new Notice of
Intent (leading to a new public hearing and a new Order) or a
new public hearing and a formal amended Order. He asked the
Commission not to do this again in the future. Ben was asked to
produce written evidence from DEQE as proof of this policy.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of March 17, 1988 Page 11
Garrett Hollands, Vice President of rEP and a member of the
public in this instance, commented that the Commission's vote
tonight was appropriate because the changes were in the
direction of decreased impact on the wetland. He said it is
wise to keep this in mind in the future: consider whether the
changes being proposed are of equal or lesser impact than the
original plans.
Sarah Alger, of Reade and Alger and member of the public in this
instance, disagreed with Mr. McKelway and thought the Commission
does have the latitude to make determinations of insignificance
for changes in plans and was acting properly. Peter Dunwiddie
added that he felt it was prudent to try to simplify the
pape~~ork in these instances and if DEQE's recommendations were
followed exactly, it could lead to a beaureaucratic nightmare.
He thought it was best to rely on the Commission's best
judgment.
c. Old "bylaws" - save some as amendments to new regs? The
Commission decided to make no changes and to notify Town
Counsel's office to go ahead and print up the final Nantucket
Wetlands Regulations as promulgated February 25.
Joseph Forns was present to discuss maintenance work needed on
some Hulbert Ave. groins. There was discussion about what the
new regulations allow for and where to draw the line for
requiring the filing of Requests for Determination and Notices
of Intent. Donald Visco said ongoing maintenance is allowed for
lawfully existing structures.
Mr. Forns also pointed out a discrepancy in the new regulations
in sections 2.02 B-4 and 2.03 B-l.!- dealing with coastal fill and
beach nourishment. He thought they should read similarly.
After some discussion, Ben McKelway was asked to keep a running
file on possible revisions to the regulations in the future.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 17, 1988 Page 12
d. Marcia Litchfield - letter to request leave of absence. A
letter was read from Secretary Marcia Litchfield informing the
Commission she had accepted a seasonal position as tern warden
for the Nantucket Least Tern/Piping Plover Protection Program
run by the Trustees of Reservations. The full-time committment
would span the period May 15 - August 15, 1988. She
respectfully requested a leave of absence for the period.
There was some discussion about the probability of filling the
position for the 3 - month period. Marcia felt the leave
coincided with most academic schedules and would be excellent
experience for students in a variety of fields including
environmental studies, natural resources management, biology and
law. She also asked for the Commission's support of the Least
Tern/Piping Plover Program in this way and felt it would be of
interest to the Commission since it involved management of
protected waterbirds nesting in wetland resource areas. Other
coastal Commissions in the state support such programs. Henry
Wasierski thought the leave should be granted. He asked Marcia
if she would leave the position altogether if the request were
denied, and she said yes.
Peter Dunwiddie was worried that the position might not fill on
a temporary basis and wished to advertise it for 2 weeks. Based
on the response, he thought the Commission would be better able
to consider the request. He was interested in maintaining
flexibility for the Commission and have things go as smoothly as
possible. The request was tabled until the March 31, 1988
meeting.
e. Name representative(s) to new harbor study committee. This
item tabled until March 31, 1988.
f. Planned renovation of Whitehead house at Sankaty Bluff. Not
discussed.
g. Funding cuts - two warrant article accounts. Ben McKelway
reported that the Conservation Commission account for Weed
Control, #A79/80/81 in the amount of $3692.00, will be
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 17, 1988 Page 13
eliminated by Finance Committee Cutbacks as of March 1~, 1988.
Therefore, the past balance due on an Inquirer and Mirror bill
dating back to 1982 will have to be paid out of General Town
Funds and voted on under Unpaid Bills at Town Meeting, rather
than be paid out of this account. Thus, there will be no
remainder to be transferred into the Warren's Landing account.
The Fincom had originally considered cutting the remainder of
the Recreation Area Maintenance budget but reconsidered.
h. Bill pending about Steamship Authority. Not discussed.
Henry Wasierski and Peter Dunwiddie urged Mr. McKelway to place
fewer Other Business items on the agenda in the future because
they felt the Commission's meetings had been dragging on too
long lately.
3. Requests for Determination
a. Henry Price / Paul Axt - 12 Tautemo Way, Cisco. The
Commission had not done a field inspection and asked Ben
McKelway to meet at the site with agent Paul Axt before the
March 31, 1988 meeting. Ben agreed to do so. Peter Dunwiddie
said the Commission would need more detailed plans for the
planned construction at the site before they could make a
Determination.
b. Nantucket Commons Trust - Pleasant Street. Garrett
Hollands, Vice President of IEP and agent for the applicant,
explained the logic of having filed the Notice of Intent under
the local bylaw and this Request under the state Wetlands
Protection Act.
A motion was made to issue a positive Determination stating the
area described in the Request, which includes all/part of the
area described in the 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.
The motion was carried.
Lee Dunn left the meeting at 11:00 PM.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 17, 1988 Page 14
4. Certificates of Compliance
a. Perkins - LaFrance - SE48-386 - Valley View Drive. A motion
was made to issue a Certificate of Compliance certifying that
the work regulated by the above-referenced Order of Conditions
has been satisfactorily completed. The motion was carried.
b. Woodbury Lane - SE48-312 - partial Cert/Comp for Lot 3.
Robert Daylor of Daylor Consulting Group was present as agent
for the applicant and had submitted a draft of a partial
Certificate of Compliance to cover Lot 3 only, as was discussed
at the March 3, 1988 meeting.
A motion was made to issue a partial Certificate of Compliance
certifying that only the following portions of the work
regulated by the above-referenced Order of Conditions have been
satisfactorily completed:
Building, grading and site preparation on Lot 3 have
been satisfactorily completed. Although other work
sanctioned by the Order is complete, or in progress,
only Lot 3 is included in this Certificate of
Compliance.
The motion was carried.
5. Orders of Conditions
a. James Driscoll - SE48-i!71 - One Osprey Way. A motion was
made to issue a standard Order of Conditions to include the
following Special Condition:
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 17, 1988 Page 15
1. Cattails or other appropriate aquatic vegetation will be
planted at the toe of the revetment to stabilize and screen the
structure.
Lee Dunn opposed. ,The motion was carried.
The Correspondence was not read and will be taken at the next meeting.
There being no other business, the meeting was adjourned at 11:20 PM.