HomeMy WebLinkAbout1988-03-21
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Town
Conservation
of Nantucket
Commission
Town and County Building
Nantucket, Massachusetts 02554
AGENDA FOR MARCH 31, 1988
A. PUBLIC HEARINGS
1. Joseph & Joan Cochran ET AL - SE48-442 - 54 & 56 No. Beach St.
2. Monomoy Harbor Realty Trust - SE48-i!65 - 60 Monornoy Road
3. J. Seward Johnson, Jr. - Almanac Pond Road (cont.- 3/17/88)
4. Sam & Rita Stark - SE48-470 - 39 Millbrook Road
5. Anna F. Golding - SEi!8-474 - 99 Baxter Road
6. Topland Properties - SE48-i!76 - 40 Low Beach Road
7. Scott Reiniger -SEi!8-i!77 - 2 Squam Road
8. S/J Wauwinet Trust - Wauwinet Road
B. REGULAR MEETING
1. Request for Determination
a. Henry Price/Paul Axt - 12 Tautemo Way, Cisco
2. Extension Permit
a. Nantucket Airport Commission - SEi!8-349 - Nant. Shipyard So.
b. George Thomas (Hubbard) - SEi!8-181 - 8 Monornoy Creek Road
3. Orders of Conditions
a. J. Pepper Frazier - SE48-i!55 - 37 Gardner Road
b. K & B Realty Trust - SE48-469 - Crooked Lane
c. Nantucket Commons Trust - NANT88-1 - Pleasant Street
d. Anna F. Golding - SEl.t8-~7l.t - 99 Baxter Road
4. Planning Board Referrals
a. Norman & Lila Raben - Eel Point Road
b. Aucoot Lane - Washing Pond
c. Oliver Estates - Sasapana Road
5. Bills to be Paid
6. Correspondence
7. Minutes of February 18, 1988
Minutes of February 25, 1988
Minutes of March 3, 1988
Minutes of March 17, 1988
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
8. Other Business
a. Marcia Litchfield - request for leave of absence
b. Name representativeCs) to new harbor study committee
c. S/J Wauwinet Trust - SEi!8-392 - review of shower plans
d. Warren's Landing - open bids for removing pines
e. Proposed changes in bylaw amendment regarding abutters
f. Stone Barn Inn Trust - request for letter
g. Proposed zoning amendments
h. Comments, questions from press and public
i. Susan Spring - SEi!8-250 - 339 Polpis Road - discussion
9. Field Inspections
a. Norman & Lila Raben - Eel Point Road - Plan. Bd. Ref.
b. Aucoot Lane - Washing Pond - Plan. Bd. Ref.
c. Oliver Estates - Sasapana Road - Plan. Bd. Ref.
d. Arvids & Ritvars Reinbergs - 60 No. Liberty St. - NOI
e. Tobey G. Shaw - 117 Baxter Road - NO!
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page 1
MINUTES OF MARCH 31, 1988
The public hearings of March 31, 1988 were called to order at 7:30 PM.
Members present were: Peter W. Dunwiddie - Chairman, Carl Borchert, Lee
Dunn, Donald Visco, Granville Cranston, Henry Wasierski. Members absent
were: Bill Willet. Administrator present: Ben McKelway.
A. PUBLIC HEARINGS
1. Joseph & Joan Cochran ET AL - SE~8-~i!2 - 5~ & 56 No. Beach
Street. John Shugrue was present as agent for the applicant and
reported that all new information had been sent to IEP. He was
awaiting a response on how much water that area could contain.
He expected the response to come within the next month.
A motion was made to continue the hearing until April 28, 1988.
The motion was carried.
2. Monomoy Harbor Realty Trust - SEi!8-~65 - 60 Monomoy Road. Tina
Coughanour of IEP was present as agent with the applicant Mrs.
DuJardin. Melissa Philbrick of Vaughan, Dale and Philbrick was
present for Kevin Dale as attorney for the applicant.
Peter Dunwiddie reported he had visited the site and supported
the Commission's previous determinations. Ms. Coughanour
presented a revised version of Plan SP-l which had been favored
by the Commission at the last meeting. The finished elevation
at the house is to be 10 ft. and the siltation fence will be 10
ft. away from the house and located in the wetland. Lee Dunn
was sorry to see the revisions move in the direction of activity
in the wetland. Ms. Coughanour thought the prospect of working
in the wetland had been discussed at the last meeting. She
added there would be no permanent alteration to the wetland
and no filling at all.
Donald Visco thought the SP-l plan had been agreed upon at the
last meeting and was a major concession from the original plan.
Mrs. DuJardin agreed to work as closely to the house as possible
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page 2
and wished to protect the wetland. Carl Borchert didn't like
the siltation fence in the wetland. He suggested the Order of
Conditions include the following: 1) no heavy equipment to be
in the wetland, 2) build the retaining wall first, 3) place
the siltation fence up against the base of the retaining wall.
Ben McKelway asked why the house couldn't be moved further back.
Mrs. DuJardin cited problems with the septic system setbacks and
other constrictions on placement on the lot. There was
discussion about the advantages and disadvantages of changing
the wetland makeup. Peter Dunwiddie had found MYrica ~alea on
the property, a plant rare on Nantucket, and preferred seeing it
left undisturbed. Mrs. DuJardin was disturbed that the plan was
being picked apart and thought the requirements were outlined at
the last meeting. She and her husband had done a lot of
homework on fitting the house into the lot and stressed their
interest in preserving the natural habitat there. They were
willing to follow the Order of Conditions very closely to
compensate for the lost border. Lee Dunn thought this small a
buffer zone was a gift and was concerned about setting a
precedent.
A motion was made to close the hearing and accept Mr. Borchert's
recommended items for the Order of Conditions to follow. There
was further discussion about the quality of and chance for
success of replication plans. Ms. Coughanour thought opening up
the wetland using an empoundment would diversify the habitat for
wildlife. Ms. Philbrick wanted to see some kind of compromise
which would give something back to the wetland like replication
or opening it up and compensate for the disturbance. Peter
Dunwiddie felt there was a possiblility that any attempts at
replication could destroy good habitat in the process. He was
also concerned that if the area were opened up, then it may
become mosquito breeding habitat in the future. Ms. Coughanour
agreed to provide the Commission with a schedule for replication
and wanted the site to be periodically inspected by a Commission
representative experienced with replication.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of March 31, 1988 Page 3
Lee Dunn still felt the house could be redesigned to incorporate
a smaller footprint. The relative value of this wetland was
discussed, although Peter Dunwiddie did not think determinations
of that type set a good precedent, either. Donald Visco
recalled at the last meeting that a majority of the Commission
had favored this plan and felt they were doing the applicant a
disservice by attempting to reject it now. He didn't see this
as pristine environment and thought this wetland was of marginal
value compared with others on the Island. Carl Borchert asked
Ms. Coughanour to comment on what the relative value of this
wetland was. She said it was undoubtedly valuable to local
wildlife, but did not see it as being a wetland that would be
particularly difficult to replicate. Carl thought compensation
though replication supported the Commission's decision to
approve this plan so close to the wetland.
A motion was made to close the hearing. The specifics of
replication were discussed. Peter Dunwiddie recommended
planting more Mvrica galea if possible. There is to be 700 sq.
ft. of shrub swamp replicated which will be contiguous with the
shrub swamp already existing. Pond designs, pond depth and edge
stabilization were also discussed. Ms. Coughanour agreed to
draw up the specifications of the replication and submit them to
the Commission before work begins.
Photos were presented by the applicant with the proposed house
drawn in. Wetlands scenic views were not deemed to be an issue.
The motion was carried.
3. J. Seward Johnson, Jr. - Almanac Pond Road. No agent was
present for the applicant. Kitty Pochman, agent for the
Nantucket Land Council, said a horse excretes 13 gal. of
liquid per day on average and cautioned the Commission that
nitrate leaching into the wetland may be a problem. Kitty had
also spoken with caretaker Ms. Van Arsdale who said the manure
pile may not have a surface beneath it. Kitty also brought out
a possible zoning setback problem. The setback may be 20 ft.,
not 12 ft. as previously thought. She would continue to look
into it and report at the next meeting.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page ~
A motion was made to continue the hearing for more information
on zoning problems and a DEQE file number. The motion was
carried.
~. Sam & Rita Stark - SE~8-~70 - 39 Millbrook Road. Mr. Stark had
called the office to request a continuance of the hearing for
more information outlined in the March 3, 1988 minutes. A
motion was made to continue the hearing for more information
from the applicant. The motion was carried.
5. Anna F. Golding - SE~8-~7~ - 99 Baxter Road. A motion was made
to close the hearing. The motion was carried.
6. Toplarid Properties - SE~8-i!76 - ~O Low Beach Road. Ben McKelway
reported on a conversation he had had with Steve Robley at the
Mass. Natural Heritage and Endangered Species Program who said
he had not received the Appendix A until March 23, 1988, thus
allowing the. Program 30 days to issue a determination on the
application as regards Rare Species Habitat. The Commission
cannot issue an Order of Conditions until their determination is
received. Ben recommended continuing the hearing until April
28, 1988.
A motion was made to continue the hearing until April 28, 1988
pending a determination from the Mass. Natural Heritage and
Endangered Species Program. The motion was carried.
7. Scott Reiniger - SE~8-i!77 - 2 Squam Road. Marcus Bulmer was
present as agent for the applicant and gave a brief description
of the project. Cranny Cranston confirmed the wetland edge to
be true on the plans and that there was lawn down to the edge.
The Commission saw no problem with the proposed work.
A motion was made to close the hearing. The motion was
carried.
8. S/J Wauwinet Trust - Wauwinet Road. James Gay of New England
Development Corp. and Joseph Forns of Applied Marine Ecology Lab
were present as agents for the applicant. Nelson Jones, a
Wauwinet caretaker, was also present.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page 5
Peter Dunwiddie read a note to the file from Ben McKelway
reporting the preferences of various members of SHAB regarding
the pier. There was concern the wind would gouge out sand
beneath the walkway over the beach, that it should be
readily removeable to allow passage of emergency vehicles, and
the preference was to hold the pier in place with steel pipe
that can be jetted out in the fall. The next choice would be
use of steel mushroom anchors.
There was discussion about different types of moorings. Mr. Gay
said that while SRAB favored the steel pipe, he preferred using
mushroom anchors up to 500 lbs. He added the pier would be
active between Memorial Day and Oct. 1. Mr. Jones wanted to
see an anchor plan drawn onto the plans and was concerned about
the pier being stable enough to not damage boats or become
dislodged during high winds. Mr. Jones had notified abutters
about the project and this had been their main concern.
Donald Visco commented that there had been a pier there
historically and that this constituted a water-related activity
for the hotel. Peter Dunwiddie saw no potential negative effect
on any resource area. Jane Lamb of the public asked if there
were to be any regulations on who used the pier. Mr. Gay said
this had not been addressed yet.
A motion was made to continue the hearing for an anchor plan and
a DEQE file number. The motion was -een:e:-inued-;-
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B. REGULAR MEETING
1. Request for Determination
a. Henry Price/Paul Axt - 12 Tautemo Way, Cisco. Mr. Axt was
present as agent for the applicant. A motion was made to issue
a negative Determination stating the work described in the
Request is within the Buffer Zone, as defined in the
regulations, but will not alter an Area Subject to Protection
Under the Act. Therefore, said work does not require the filing
of a Notice of Intent. The motion was carried.
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Town
Conservation
of Nantucket
Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page 6
2. Extension Permit
a. Nantucket Airport Commission - SEi!8-3~9 - Nantucket Shipyard
South. Joseph Forns of Applied Marine Ecology Lab was present
as agent for the applicant who had requested in a March 1~, 1988
letter an Extension under the Nantucket Wetlands Bylaw until May
12, 1989.
Lee Dunn asked Mr. Forns to produce the letter of adequacy from
the Captain of the Port of Providence USCG which was to have
been filed with the Commission before construction was to begin,
as stated in Special Condition Ii! in the Order of Conditions.
Mr. Forns agreed to bring the letter to the Commission's office
by noon the following day. A motion was made to issue the
i-year Extension after receipt of the letter of adequacy. The
motion was carried.
b. George Thomas (Hubbard) - SE~8-181 - 8 Monornoy Creek Road.
Mr. Thomas was present. Sarah Alger of Reade & Alger was
present as attorney for the applicant and requested a 6-month
Extension on the Order of Conditions to allow for relocation or
repair of an existing septic system found to be deficient. She
said it may be necessary to replace the existing septic tank and
that the applicant was working with Nantucket Health Agent
Richard Ray to find an alternate location. Mr. Ray was due to
be away for 2 weeks, during which time the Order of Conditions
would expire on April 16, 1988.
Ted Tillotson representing concerned party Robert Sarvis said
the system was found to not be in compliance with Title 5 and
thought an Enforcement Order should be issued and the system put
out of use until the problem is corrected. He also pointed out
that the application had been originally filed before the
adoption of the Nantucket Wetlands Bylaw and suggested the
Commission require Mr. Thomas to reapply under it. He accused
the Commission of being partial to the party concerned, while it
had imposed an Enforcement Order and the limits of the local
Bylaw on Robert Sarvis on his recent applications for what he
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of March 31, 1988 Page 1
felt were comparable circumstances. He said neither the
Commission nor the applicants seem to care if the wetland is
being affected. He also stated the Commission had not acted
with leniency in the past. When asked to cite some examples,
Mr. Tillotson could not think of any.
Ms. Alger stressed the applicant does care about correcting the
problem as soon as possible, believes in working with the Health
Department and Conservation Commission to do so, and she
proceeded to give a complete history of the work on the lot.
Mr. Thomas added the tank may be too large. Jeffrey Blackwell
of Hart-Blackwell stated for the record that he did not design
or install this septic system.
Donald Visco thought in all fairness the Commission should grant
the Extension because the applicant was trying to comply and
correct the problem in good faith. Peter Dunwiddie clarified
the Commission's stance by saying the applicant has been
cooperative and he did not think it was the Commission's place
to be evicting people from their homes when honest efforts are
being made to correct a problem. Peter also said that
extenuating circumstances demand flexibility on the Commission's
part.
A motion was made to issue an Extension Permit for the period of
6 months. Henry Wasierski was opposed and also at this time
requested his name be removed from a recent Enforcement Order
issued to Bruce Killen. The motion was carried.
3. Orders of Conditions
a. J. Pepper Frazier - SE48-455 - 37 Gardner Road. Melissa
Philbrick was present for Kevin Dale of Vaughan, Dale &
Philbrick as attorney for the applicant. Administrator Ben
McKelway had drafted an Order of Conditions with special
conditions, which he read. It contained conditions which he
recommended using in all Orders of Conditions in the future.
There was discussion about various components of the draft
including maintenance work. Robert Ernack of Nantucket Surveyors
thought this was adequately covered in the state regulations.
Lee Dunn looked it up and found this to be true.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page 8
Sarah Alger wanted the Order of Conditions to be clear in the
interest of abutters that there no work is to occur on Gardner
Road. Carl Borchert suggested making reference to Nantucket
Board of Health regulations on the number of bedrooms - #2 -
adopted March 3, 1988.
Ms. Philbrick was concerned that the Order of Conditions might
supersede the plans as submitted making it impossible to comply
with. There was further discussion about the island-like site
of the second dwelling and issuing a project Denial vs. an Order
of Conditions.
A motion was made to accept with amendments the draft Order of
Conditions as follows. Donald Visco was opposed. The motion
was carried.
SPECIAL CONDITIONS
J. PEPPER FRAZIER
DEQE FILE NUMBER SE~8-i!55
The project is approved in accordance with the Notice of Intent,
the most recent plans cited on Form 5, and the General
Conditions on Form 5, with the following special conditions,
exceptions, and additions:
1. Conservation Restriction: In accordance with Section 136-9(B) of
the Nantucket Wetlands Bylaw, there shall never be any
construction on this 11-acre parcel, including the island in the
salt marsh, after the construction allowed by this Order has
been completed.
2. The permitted dwelling, the westernmost house on the plan, shall
be limited to a waste-disposal capacity of three bedrooms due to
concerns about possible pollution of Nantucket Harbor and in
accordance with Nantucket Board of Health Regulations #51,
Septic Systems, effective March 11, 1988.
3. Any septic system leach facility shall be at least 100 feet from
the wetland boundary.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page 9
~. Any building shall be at least 50 feet from the wetland
boundary.
5. The maximum height of the westernmost dwelling shall be 25 feet
from existing grade. The proposed easternmost dwelling, yard,
parking area, and septic system are not allowed because of the
adverse effects they would have on wildlife and wetland scenic
views and because of the possible nitrate pollution of the
nearby salt marsh by septic effluent.
6. There shall be no impervious pavement on this parcel, ie. no
paved road, driveway, parking area, etc.
7. Before any activity at the site, the applicant shall supply the
Commission with the number of cubic yards of fill to be used in
the course of the entire project, as requested at the public
hearing February 11, 1988.
8. Prior to any activity at the site, a line of haybales shall be
staked along the entire upland edge of the established wetland
boundary. After the haybales are installed, notice shall be
given to the Nantucket Conservation Commission. No work shall
begin on the site for ~8 hours after said notice is given, so as
to allow Commission members time to inspect the haybales and any
other siltation devices.
9. The haybale line, erected to mitigate for any siltation which
might wash into the wetland during construction, will also serve
as a limit of construction for work crews. The haybale line
shall remain in good repair during all phases of construction,
and it shall not be removed until all soils are stabilized and
seeded, or until permission to remove it is given by the
Commission.
10. Natural vegetation between the wetland edge and the development
will be left intact except where it is necessary to temporarily
use this area. Once the buildings are constructed, any
disturbed area within this buffer area will be replanted with
native plants.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page 10
11. Any change made or intended to be made in the plans shall
require the applicant to file a new Notice of Intent, or to
inquire of the Conservation Commission in writing whether the
change is substantial enough to require a new filing.
12. 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 the completed plan differs from that shown on
the plans referred to in the Order of Conditions. 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 structure
and pavement within 100 feet of wetland; the edge of the
wetland; the grade contours and ridge elevations within 100 feet
of the wetland.
13. Members 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 and
the Nantucket Wetlands Regulations, and may require the
submittal of any data deemed necessary by the Commission for
that evaluation.
1~. 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 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 maintenance conditions are complied
with as required by this Order.
15. This document shall be included in all construction contracts
and subcontracts dealing with the work proposed and shall
supersede other contract requirements.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page 11
16. Used petroleum products from the maintenance of construction
equipment and construction debris shall be collected and
disposed of off-site. No on-site disposal of these items is
allowed.
17. Dust control, if required, shall be limited to water. No salts
or other wetting agents shall be used.
18. 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 the area designated as wetland.
19. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
b. K & B Realty Trust - SE~8-~69 - Crooked Lane. Administrator
Ben McKelway read a draft of special conditions and there was
some discussion about replication plans. It was to be noted
that the overall plans received on March 17, 1988 had changed,
but the replication plans had not.
A motion was made to issue a standard Order of Conditions with
special conditions as follows. The motion was carried.
SPECIAL CONDITIONS
K & B REALTY TRUST
DEQE FILE NUMBER SEi!8-~69
1. Holding tanks must be watertight and anchored firmly.
2. Finished grade shall match existing grade.
3. Before any activity at the site, the applicant shall supply the
Commission with a schedule for the wetland replication.
~. Replication will be in accordance with the wetland mitigation
plan in the Notice of Intent and plans received by the
Commission March 17, 1988.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page 12
5. Prior to any activity at the site, a line of haybales shall be
staked along the entire upland edge of the established wetland
boundary. After the haybales are installed, notice shall be
given to the Nantucket Conservation Commission. No work shall
begin on the site for ~8 hours after said notice is given, so as
to allow Commission members time to inspect the haybales and any
other siltation devices.
6. The haybale line, erected to mitigate for any siltation which
might wash into the wetland during construction, will also serve
as a limit of construction for work crews. The haybale line
shall remain in good repair during all phases of construction
and it shall not be removed until all soils are stabilized and
seeded or until permission to remove it is given by the
Commission.
7. Natural vegetation between the wetland edge and the development
will be left intact except where it is necessary to temporarily
use this area. Once the buildings are constructed, any
disturbed area within this buffer area will be replanted with
native plants.
8. Any change made or intended to be made in the plans shall
require the applicant to file a new Notice of Intent or to
inquire of the Conservation Commission in writing whether the
change is substantial enough to require a new filing.
9. An as-built plan, signed and stamped by a registered
professional engineer or land surveyor in the Commonwealth of
Massachusetts, shall be submitted to the Commission at the same
time as a written request for a Certificate of Compliance and
shall specify how the completed plan differs from that shown on
the plans referred to in the Order of Conditions. 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 structure
and pavement within 100 feet of wetland; the edge of the
wetland; the grade contours within 100 feet of the wetland.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page 13
10. Members 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 and
the Nantucket Wetlands Regulations and may require the submittal
of any data deemed necessary by the Commission for that
evaluation.
11. The applicant, owners, successors or assignees shall be
responsible for maintaining all on-site drainage structures and
outfalls, assuring the lasting integrity of vegetative cover on
the site and 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 maintenance conditions are complied
with as required by this Order.
12. This document shall be included in all construction contracts
and subcontracts dealing with the work proposed and shall
supersede other contract requirements.
13. Used petroleum products from the maintenance of construction
equipment and construction debris shall be collected and
disposed of off-site. No on-site disposal of these items is
allowed.
1i!. Dust control, if required, shall be limited to water. No salts
or other wetting agents shall be used.
15. Any refuse material found on the site shall be disposed of at an
approved landfill and in no case will these materials be buried
or disposed of in or near the area designated as wetland.
16. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page 1~
c. Nantucket Commons Trust - NANT88-1 - Pleasant Street. Ted
Tillotson was present as attorney for the applicant.
Administrator Ben McKelway read a draft Denial of the
application. Mr. Tillotson asked for a final copy of the
Nantucket Wetlands Regulations. He was told the final copy was
not available to the public yet, but copies showing the edits to
the final draft were available and have been handed out to those
who wanted them. Mr. Tillotson wanted the record to show that
there was at present no place where the public could obtain a
final copy of the Nantucket Wetlands Regulations adopted
February 25, 1988.
Lee Dunn felt if the Commission were to have approved this
application, it would have needed more information, and since in
the Commission's judgment the work would have violated the
Nantucket Wetlands Bylaw, the additional information would have
been irrelevant.
A motion was made to issue a project Denial as follows. Carl
Borchert abstained. The motion was carried.
PROJECT DENIAL
NANTUCKET COMMONS TRUST
NANTUCKET CONSERVATION COMMISSION FILE NUMBER NANT88-1
UNDER THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136)
FINDINGS
Under the Wetlands Bylaw and Regulations for Nantucket, a public
hearing on the above Notice of Intent was held March 17, 1988.
Based ontestirnony presented at the hearing by representatives
of the applicant, the Notice and its various attachments, and
prior knowledge of the site due to previous applications from
the sarne applicant, the Nantucket Conservation Commission makes
the following findings:
1) We find that the site borders on a Vegetated Wetland, as defined
in Section 3.02 of the Regulations, and is therefore subject to
regulation under the Bylaw.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page 15
2) In the absence of a clear showing to the contrary, the
Commission determines that the Vegetated Wetland and the land
within 100 feet of the wetland are significant to the protection
of the following interests: public and private water supply,
groundwater, flood control, erosion control, water pollution,
fisheries, shellfish, wildlife, recreation, and wetland scenic
views. We find that storm damage prevention is not a
significant interest protected by this wetland.
3) The proposed project is deemed by the Commission to have a
significant effect on the following interests protected by the
Bylaw: public and private water supply, groundwater, flood
control, erosion control, water pollution, fisheries, shellfish,
wildlife, recreation, and wetland scenic views.
~) Having determined that the Vegetated Wetland and the land within
100 feet of the Vegetated Wetland are significant to interests
protected by the Bylaw, the Commission finds that Sections
3.02(B)1-5 of the Nantucket Wetlands Regulations apply to this
project.
5) A building 100 feet long with parking underneath is proposed to
run parallel to the wetland at a distance of 6 to 15 feet, in
direct violation of 3.02(B)1, which prohibits all
non-water-dependent structures within 50 feet of a Vegetated
Wetland and requires at least a 25-foot natural, undisturbed
area adjacent to the Vegetated Wetland.
6) The only mitigation measures shown are a siltation fence in a
location impractically close to the building, and the entire
extent of the work has not been shown in the applicant's plans.
7) Testimony and evidence presented by the applicant demonstrated
that the project would have adverse effects on wildlife,
wildlife habitat, and vegetation in the wetland and in the area
within 100 feet of the wetland.
8) No evidence or testimony was presented by the applicant
establishing that the other protected interests would not be
adversely affected.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of March 31, 1988 Page 16
9) Significant discrepancies exist in setback distances shown on
the plans and indicated in the application.
10) We find numerous discrepancies between the flood conditions at
the site which are claimed in the Nantucket Notice of Intent,
those stated at the hearing, and those stated in the applicant's
previous filings (SE~8-365 and SE~8-~i!9).
11) Although the applicant requested a waiver of those regulations
prohibiting the proposed construction, the Commission received
no evidence that would indicate that rare and unusual
circumstances prevailed which would justify granting such a
waiver as described under the Nantucket Wetlands Regulations,
Section 1.03(F)(1).
DISCUSSION
The Vegetated Wetland has standing water at or near the surface
throughout the year, and a significant part of the plant
community is composed of wetland species listed in the Nantucket
Wetlands Regulations for Meadows and Marshes. The proposed
building would be 6 to 15 feet from a Freshwater Wetland, as
defined in Section 1.02 of the Regulations. On a map labeled
Figure 3, Wetlands Basin C, attached to the Notice of Intent,
the applicant's consulting firm (IEP Inc.) states that the
wetland next to the site of the proposed building consists of
fresh marsh, wet meadows, and shrub swamp. As such, it is a
Vegetated Wetland and falls under Section 3.02 of the local
regulations. Section 3.02(A)(1) states: "Land within 100 feet
of a vegetated wetland is considered to be significant to the
protection and maintenance of vegetated wetlands, and therefore
to the protection of the interests which these resource areas
serve to protect."
The Nantucket Wetlands Bylaw provides protection for small
wetlands that may not be afforded protection under the
Massachusetts Wetlands Protection Act.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page 17
In this case, the pertinent wetland absorbs and holds stormwater
runoff, slows down and reduces the passage of flood waters
during periods of peak flows by providing temporary flood water
storage, and facilitates water removal through evaporation and
transpiration.
The wetland helps to maintain a base flow through groundwater to
the estuarine area known as The Creeks, thus helping to maintain
a proper salinity ratio. It also removes or detains sediments,
nutrients, and toxic substances that could otherwise flow more
quickly into The Creeks.
Because the wetland has a high degree of vegetative
interspersion, it provides habitat for a wide variety of
insects, reptiles, amphibians, mammals, and birds, which have
less habitat with each passing year of the island's building
boom. The information on wildlife submitted by the applicant
was not a thorough, objective analysis of the site. The
proposed project would not adequately protect the wetland and
upland border habitat essential to the well-being of the
wildlife in the area.
The Notice of Intent must be evaluated under the Wetlands
Protection Regulations which took effect February 25, 1988
because the application was not complete until February 26, 1988
when the necessary fees were received at the Commission's
office.
As of the date of the public hearing, the applicant had failed
to obtain or apply for the new special permit he would need from
the Nantucket Planning Board, as required by Section 136-3(C) of
the Nantucket Wetlands Bylaw.
CONCLUSIONS
In light of the above findings and discussion, the Commission
hereby denies the Notice of Intent filed under the Nantucket
Wetlands Bylaw by the Nantucket Commons Trust for an office
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page 18
building with underneath parking adjacent to a Vegetated
Freshwater Wetland (File NANT88-1). A building so close to a
wetland is bound to have adverse effects on the wetland itself,
the wildlife and other related interests protected by the Bylaw.
There is no mitigation proposed to protect the interests of the
Nantucket Wetlands Bylaw and there are no conditions we can
conceive of that would protect those interests.
The Commission has not considered and does not address at this
time other activities and proposals of the applicant in respect
to the subject parcel which involve different designs,
structures, locations, or types and which are not included in
the Notice of Intent at issue.
This denial supersedes any wording on Form 5 (attached) which
implies that some work will be permitted under this order.
This denial shall apply to any successor in interest or
successor in control.
d. Anna F. Golding - SE48-i!74 - 99 Baxter Road. A motion was
made to issue a standard Order of Conditions. The motion was
carried.
e. Monomoy Harbor Realty Trust - SE48-i!65 - 60 Monomoy Road.
Administrator Ben McKelway was instructed to draft an Order of
Conditions to be voted on at the next meeting.
f. Scott Reiniger - SE48-l.t77 - 2 Squam Road. A motion was made
to issue a standard Order of Conditions. The motion was
carried.
4. Planning Board Referrals
a. Norman & Lila Raben - Eel Point Road. The Commission was
not familiar with the site and wanted to do a field inspection
before responding back to the Board.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page 19
b. Aucoot Lane - Washing Pond. A motion was made to advise the
Board that Lots 3,~ and all those lots bordering Washing Pond
are subject to the Wetlands Protection Act, being an advisory
opinion only and not constituting a formal Determination under
the Wetlands Protection Act. The motion was carried.
c. Oliver Estates - Pleasant Street. A motion was made to
advise the Board that the Oliver Estates is not subject to the
Wetlands Protection Act, being an advisory opinion only and not
constituting a formal Determination under the Wetlands
Protection Act. The motion was carried.
6. Correspondence
A response to a recent phone call by Ben McKelway was received
from Alan W. White, Marine Science Advisor to the Sea Grant
Program at WHO! in Woods Hole, MA dated March 23, 1988. Ben was
asked to contact Edgartown about an arrangement with WHO! to
study Edgartown Harbor.
All other correspondence was read and accepted.
7.
Minutes of February 18, 1988. A motion was made to accept the
minutes as written. The motion was carried.
Minutes of February 25, 1988. A motion was made to accept the
minutes as written. The motion was carried.
Minutes of March 3 , 1988. A motion was made to accept the
minutes as written. The motion was carried.
Minutes of March 17, 1988. A motion was made to accept the
minutes as written. The motion was carried.
8. Other Business
a. Marcia Litchfield - request for leave of absence. An ad had
been run in the Inquirer & Mirror for 8 days as of this meeting.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of March 31, 1988 Page 20
Peter Dunwiddie asked if there had been any response. Ben
McKelway said there had been one applicant who came for an
interview and appeared to be qualified for the position. Donald
Visco thought the issue at hand was whether to grant a leave of
absence and not to discuss the qualifications of applicants.
A motion was made to grant the leave of absence for the period
of May 15 - August 15, 1988. The motion was carried. The ad
will be run for another 2 weeks with an application deadline of
April 23, 1988.
b. Name representative(s) to new harbor study committee. Henry
Wasierski and William Willet were appointed to the committee.
c. S/J Wauwinet Trust - SEi!8-392 - review of shower plans. A
written request date March 21, 1988 was made for review of
drawings of 2 clear-water shower stalls and for a determination
that they constitute a minor modification of the Order of
Conditions.
A motion was made to have Ben McKelway send a letter to this
effect and therefore a new Notice of Intent would not be
required. The showers must be built according to plans attached
to the March 21, 1988 letter and no soap is to be made available
to users of those showers. The motion was carried.
d. Warren's Landing - open bids for removing pines. A bid from
Frank Powers, Jr. was opened and accepted for cutting all pines
small enough to drive over. This will be done at a rate of $50
per hour for a max. time of 12 hours. Mr. Powers will receive a
letter asking him to notify the Commission before work begins on
the 18.7-acre parcel.
e. Proposed changes in bylaw amendment regarding abutters. The
Commission approved the changes as recommended by Mr. McKelway,
requiring the applicant to notify abutters when a Notice of
Intent or Request for Determination is filed. This must be
approved by Town Meeting in May, 1988.
f. Stone Barn Inn Trust - not discussed.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of March 31, 1988 Page 21
g. Proposed zoning amendments. A letter was read from the
Nantucket Land Council dated March 28, 1988 recommending the
Commission vote in support of the ~ additions to the Zoning
Bylaw and send a favorable recommendation to the Nantucket
Planning Board. Linda Holland, Director of the Nantucket
Land Council, was present to encourage the Commission to favor
the zoning laws supporting the Nantucket Wetlands Bylaws and
Regulations.
There was discussion about the components of the ~ articles.
The Commission was divided on whether zoning should address
wetlands protection. Donald Visco thought the Nantucket
Building Inspector would be burdened by the institution of the
articles and was opposed for the record because they seemed
too restrictive. Lee Dunn supported them fully, however, and
Carl Borchert said the Town of Boxford had similar zoning
bylaws in effect for 25 years. They felt they were not
unreasonable.
Glen Wills of Nantucket Surveyors questioned putting the onis of
determining wetlands boundaries on the building inspector in
some cases. He foresaw problems in the future with the Land
Court and calculating groundcover in problem areas. Glen asked
how dunes perched on top of coastal banks would be considered,
for example.
A motion was made to send a letter supporting the amendments to
the Nantucket Planning Board. The motion was carried.
h. Comments, questions from press and public. None.
i. Susan Spring - SEi!8-250 - 339 Polpis Road. A possible
violation had been observed wherein the lot had been brushcut
down to the edge of a small pond and its outlet. Ben McKelway
had called DEQE to confirm that brushcutting within the Buffer
Zone was indeed a violation of the Wetlands Protection Act. Ben
was asked to send Ms. Spring a letter asking her to appear at
the next meeting to discuss the matter.
There being no other business, the meeting was adjourned at 11:i!O PM.
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