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HomeMy WebLinkAbout1988-03-21 ') 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 '") \ 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! ~ 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 '1 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. /} 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. ,'} 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. l 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-;- .~~J:.:_~:: .,."....._:;, , 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. , 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 :, 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. f'''' 1 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. l 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. , ) 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. J 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. \ 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. , .--.., 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. , ) 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. .--...., I 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. I' 1 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. F " 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 ) 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. f --...\ 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. t< P---..) 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. ~ '-, 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. l