HomeMy WebLinkAbout1988-04-28
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
AGENDA FOR APRIL 28, 1988
A. PUBLIC HEARINGS
1. J. & J. Cochran ET AL - SE48-4i!2 - 54-56 No. Beach
2. J. Seward Johnson, Jr. - SEi!8-i!83 - Almanac Pond Road
3. Topland Properties - SE48-i!76 - i!0 Low Beach Road
i!. S/J Wauwinet Trust - SEi!8-482 - Wauwinet Road
5. Arvids & R. Reinbergs - SE48-i!78 - 60 North Liberty Street
6. Michael J. Q'Mara - SE48-i!80 - 2i!0 Polpis Road
7. Richard and Jane Steadman - SE48-i!81 - 23 Quaise Road
8. Philip & C. Hemplernan - 49 Hulbert Ave.
9. Jeffrey Moore, Inc. - Wanoma WaYt Tom Nevers
10. Karen and Larry Schwenk - Miacomet Ave & Miacomet Way
B. REGULAR MEETING
1. Requests for Determination
a. Antoinette Wade - end of Massachusetts Ave., Madaket
b. Tobey R. Leske / Douglas & Deborah Sosebee - 5 Wamasquid Place
c. Stone Barn Inn / Daniel Nugent - 60 N. Beach Street
2. Extension Permits
a. Nant. Airport Commission - SEi!8-349 - Nant. Shipyard So.
b. Marion H. Morton - SE48-282 - 117R Wauwinet Road
c. E. Garrett Bewkes - SE48-298 - Hellers Way
3. Request for Emergency Certification
a. Frederick M. Moynihan - 109 Baxter Rd.
4. Orders of Conditions
*** Open ***
5. Enforcement Orders
a. Beach Box Trust - SEl.t8-i!00 - Lot 12, Hallowell Lane
b. John & Vanna Nightingale - 13 Wauwinet Road
6. Certificates of Compliance
a. Sylvia Realty Trust - SE48-29 - Meadow View Drive
b. Sylvia Realty Trust - SE48-194 - Meadow View Drive
7. Correspondence
8. Minutes of April 14, 1988
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
9. Other Business
a. Warren's Landing - Parks and Rec. Commission discussion
b. Town of Nantucket - Surfside Road pumping station
c. Lee/Jarrett - Sachem Road
d. Martin Levine - Massachusetts Ave.
e. Negligent opening of K Street, Madaket
f. William Haddon - Eel Point Road
g. Comments, questions from press and public
h. Fred A. Church - 137 Polpis Road
10. Field Inspections
a. Sylvia Realty Trust - SEi!8-29 - Meadow View Drive - Cert/Comp
b. Sylvia Realty Trust - SE~8-19~ - Meadow View Drive - Cert/Comp
c. Patricia Norcross - Lot 2, Quidnet - AbNOr
d. Perkins - LaFrance - 99 Eel Point Road - NOI
e. Mastain - George C. Pappageorge - Vermont Ave, Madaket - RFD
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of April 28, 1988 Page 1
MINUTES OF APRIL 28, 1988
The public hearings of April 28. 1988 were called to order at 7:32 PM.
Members present were: William Willet - Treasurer (presided), Carl
Borchert, Henry Wasierski, Donald Visco and Granville Cranston. Members
absent were: Peter W. Dunwiddie - Chairman, Lee Dunn. Administrator
present: Ben McKelway.
A. PUBLIC HEARINGS
1. J. & J. Cochran ET AL - SEi!8-~42 - 5i! - 56 No. Beach Street.
John Shugrue was present as agent for the applicant and stated
he was still awaiting word from an off-island consultant.
A motion was made to continue the hearing for more infomation
from the applicant. The motion was carried.
2. J. Seward Johnson, Jr. - SE~8-i!83 - Almanac Pond Road. Bill
Willet abstained from this hearing. No agent was present for
the applicant.
A motion was made to continue the hearing for a response from
the applicant about the setback problem. The motion was
carried.
3. Topland Properties - SE~8-~76 - ~o Low Beach Road. John Shugrue
was present as agent for the applicant. The Commission had been
awaiting a response from the Massachusetts Natural Heritage and
Endgangered Species Program as to the the possible negative
effects of the proposed work on rare wetlands wildlife habitat
on this lot. Ben McKelway had called the Program and found that
Steve Robley was out of town. Ben said their response time had
expired.
John Shugrue thought the MNHESP response was all that was
holding up this application. Bill Willet asked what rare
species occurred on or in the vicinity of this lot. Knowing
that Commission Secretary Marcia Litchfield had familiarity with
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of April 28, 1988 Page 2
rare species in this area, she was asked to comment. She said
in many years both Piping Plovers and Least Terns nest on the
open beach about l/~rnile SE of the lot. She added the Piping
Plovers were there now and the Least Terns would be returning
soon from migration to their nesting grounds here.
A motion was made to close the hearing. The motion was
carried.
~. S/J Wauwinet Trust - SEi!8-~82 - Wauwinet Road. James Gay of
Engineering Management Corp. was present as agent for the
applicant. He presented an anchor plan as was requested at the
last meeting.
Ben McKelway had spoken with Diane Coombs of SRAB who warned the
walkway over the sand would be subject to wind scour and gouging
beneath it. Cranny Cranston suggested laying it directly on the
sand. Donald Visco said this could be written into the Order of
Conditions. Carl Borchert suggested using snowfencing to
prevent scouring action.
Mr.-Gay mentioned another unrelated problem which had arisen and
needed the Commission's attention. The 3 handicapped parking
spaces needed to be paved, thus differing from the crushed stone
surface of the rest of the parking area and a change from the
original plans. A motion was made to accept the request for
paving 3 spaces as a minor modification to the Order of
Conditions issued to a previous application SEi!8-392 and
therefore no new Notice of Intent would be required. The motion
was carried.
Those plans in this file which were obsolete were noted as such.
A motion was made to close the hearing. The motion was
carried.
5. Arvids and R. Reinbergs - SE~8-~78 - 60 North Liberty Street.
Glen Wills of Nantucket Surveyors was present as agent with
applicant Mr. Reinbergs. They presented revised plans which put
the dwellings and the siltation fencing further back from the
wetland.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of April 28, 1988 Page 3
Donald Visco thought it was obvious that the applicant had made
a good effort to make the changes requested by the Commission.
Mr. Wills added that in his opinion there would be negligible
negative effects on the wetland and no alterations of the
wetland were being proposed.
A motion was made to close the hearing. The motion was
carried.
6. Michael J. O'Mara - SEi!8-i!80 - 2i!O Polpis Road. Les Smith of
Daylor Consulting Group was present as agent for the applicant.
He read and commented on a letter sent to Mary Trudeau at Daylor
by Town Biologist Ken Kelley. Mr. Kelley had reviewed the
application and did not feel the proposed work would have any
negative effects on the shellfish populations in the area. Mr.
Smith had also discussed the application with a Mr. Hickey who
suggested doing the work outside the spawning period June 15 -
Sept. 15.
Mr. Smith also addressed mitigation measures for siltation
during the jetting work. He described a salt hay barrier
designed to contain the siltation materials in the entire work
area; later those materials would be deposited back into the
holes.
Lynn Zlmmerman of the Nantucket Land Council questioned whether
Mr. Smith was representing SHAB and he said that he was not.
Donald Visco thought everything looked good especially if all
the work was to be done by hand. He said this could be
specified in the Order of Conditions. Henry Wasierski asked if
it was possible to work off of the catwalk as it was built to
minimize foot traffic damage to the marsh. Mr. Smith thought
that would be possible.
A motion was made to close the hearing. The motion was carried.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of April 28, 1988 Page ~
7. Richard and Jane Steadman - SEi!8-~81 - 23 Quaise Road. Melissa
Philbrick of Vaughan, Dale and Philbrick was present as attorney
for the applicant and Robert Emack of Nantucket Surveyors was
present as agent. They presented a plan to remove the rip rap
and restore the area.
Mr. Emack elaborated on the plans. He had spoken to contractors
Holdgate and Colletti who said all work would be done from the
top of the bank. There would be siltation measures on the
eastern border of the work area to protect a nearby shrub swamp.
With regards to the power line which had prompted the original
placement of the rip rap, Mr. Emack said the Nantucket Electric
Company would repair it if necessary at this time.
Carl Borchert wanted to know if revegetating would do any good.
He suggested hay mulch or leaf mulch under jute netting. Mr.
Emack said he may seed the area with grass, too. Henry
Wasierski thought something must be done to stabilize the area
and suggested using beachgrass or native shrubs. Donald Visco
wanted to see only the non-native bluestone removed and reminded
everyone that public access down to the beach in this area was
what really caused the erosion problem in the first place. He
also suggested the voltage of the power line be known before
starting work. It was decided only non-native bluestone would
be taken out, leaving some bigger rocks in one corner next to
the Chuckrow bulkhead and a row across the top of the bank.
Ms. Philbrick said the Steadmans were disturbed that this had
come about and would never had approved the way it had been
handled. Donald Visco said the public has the right to pass and
repass in this 25 ft. public right-of-way.
A motion was made to close the hearing. The motion was
carried.
8. Philip and C. Hempleman - ~9 Hulbert Ave. John Shugrue was
present as agent for the applicant who wanted to enlarge a deck
from 3 ft. to 12 ft. and construct a bulkhead. He said this was
one of two properties left on Brant Point without a bulkhead.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of April 28, 1988 Page 5
Ben McKelway had spoken with DEQE which had given these
unofficial recommendations: 1) There is no way the bulkhead
should be approved and 2) the Commission should consider an
Enforcement Order for the lack of successful revegetation at the
site, as was required for the Certificate of Compliance. Henry
Wasierski read over the older documents in previous files
(SEi!8-270 and SE~8-273): a Feb. 26, 1987 letter notifying the
applicant of possible violations and requesting stabilization
measures, a Aug. 5, 1987 denial of Certificate of Compliance,
and a Dec. 15, 1987 additional denial of Certificate of
Compliance with reasons attached. Henry did not think the
applicant had made any good efforts to correct the problems
noted over a year ago.
A motion was made to continue the hearing for additional
information and a DEQE file number. The motion was carried.
9. Jeffrey Moore, Inc. - Wanoma Way, Tom Nevers. Neither the
applicant nor an agent was present for this first hearing. Carl
Borchert remarked that the Commission maintains a longstanding
policy of not hearing new applications if no one is present to
discuss them. Ben McKelway added that this application had been
submitted to the Massachusetts Natural Heritage and Endangered
Species Program for review since the lots fell within an
Estimated Rare Wetlands Wildlife Habitat area. The application
was received by the Program on April 13, 1988 and filed with the
Commission on April 15, 1988. The Commission would be receiving
the Program's recommendation by May 13, 1988 or shortly
thereafter.
A motion was made to continue the hearing for appearance of the
applicant or agent to discuss the application, a response from
the Mass. NHESP and a DEQE file number. The motion was
carried.
10. Karen and Larry Schwenk - Miacomet Ave. and Miacomet Way. Mr.
and Mrs. Schwenk were present. Henry Wasierski read the results
of a recent field inspection which questioned how the dike would
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of April 28, 1988 Page 6
be put in, how it would raise the pond level and requested
engineering plans of the project.
Mr. Schwenk gave a brief history of the area and referred to an
older application in the late 1970's under the name of Norwood
Farm Trust. This application had an Order of Conditions under
which maintenance dredging was allowed as the area periodically
silts in. Mr. Schwenk was asked for engineering plans whereon
he produced a sketch covering the maintenance dredging. He
admitted he did not have detailed plans for the dam or dike,
however he viewed that portion of the plan as part of the
maintenance. He said his main intent was to build an 18 "-high
embankment to restore the water level to what it was after 1978.
There was some consideration as to whether this application was
necessary. Some Commissioners said they did not favor a dam,
though the dredging seems to be authorized by the previous
order. Mr. Schwenk was then asked if he was interested in
withdrawing this current application. Mr. Borchert suggested
that the dredging could go deep enough for water to stay in that
section of the pond without the help of a dam, but Mr. Schwenk
had doubts.
Donald Visco said the water level now is down 18 inches - 2 ft.
below what it was last year. Carl asked how much of the bottom
was to be removed. Mr. Schwenk said about 3 - i! ft. Donald
thought since this was a groundwater pond, there would be no
problem. However, Donald pointed out that it was his
understanding that the Commission has no jurisdiction over the
Great Ponds on Nantucket. He said there is well-documented
evidence dating back to a determination by the Selectmen as
incorporated officers in 18~1.
There was discussion about the abutters on the eastern side of
the lot. Mr. Schwenk said he was not in a position to comment
on the question of jurisdiction. Ben McKelway pointed out for
the record that Town Counsel DeRensis maintained that the Great
Ponds must have Conservation Commission approval if they are to
be opened, for example. Donald Visco viewed this as only the
opinion of an off-island lawyer.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of April 28, 1988 Page 7
Henry Wasierski thought the project needed more detailed
engineering plans. Donald Visco suggested putting in a flume
instead of a dam. He thought a true groundwater pond could be
created without a dam. Lynn Zimmerman of the Nantucket Land
Council showed some photos which she kept and was concerned
about the road. Henry wanted to know where the dredging spoils
would go and that they would not be dumped into another wetland.
He also mentioned siltation affecting fish in Miacomet Pond.
The applicant did not think the fish would be negatively
affected.
Carl Borchert read the Order of Conditions from Norwood Farm
Trust. Mr. Schwenk said he was not yet prepared to withdraw the
application and would need time to consult the other 3 parties
involved. A motion was made to continue the hearing for
additional information from the applicant and a DEQE file
number. The motion was carried.
B. REGULAR MEETING
1. Requests for Determination
a. Antoinette Wade - end of Massachusetts Ave., Madaket. Henry
Wasierski read the results of a recent field inspection. Carl
Borchert reminded everyone that all of Smith Point west of the
bridge is subject to the Wetlands Protection Act.
A motion was made to issue a positive Determination stating 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 Notice of Intent.
The motion was carried.
b. Tobey R. Leske / Douglas and Deborah Sosebee - 5 Wamasquid
Place. Henry Wasierski read the results of a recent field
inspection. The new location of the driveway was discussed. A
moiton was made to issue a negative Determination stating the
work described in the Request is within the Buffer Zone, as
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of April 28, 1988 Page 8
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. Note added: per
plans received dated April 20, 1988. The motion was carried.
c. Stone Barn Inn / Daniel Nugent - 60 North Beach Street.
Roger Newson was present as agent for the applicant and David
Moretti was present as attorney for the applicant. Henry
Wasierski read the results of a recent field inspection which
found grade elevations had been raised.
Mr. Newson recalled that when the road was rebuilt, fill, mulch,
loam and other construction materials had been stored in this
area and had been just left there.
David Moretti requested Bill Willet to abstain from discussion
of this application due to his involvement in other related
matters pending at this time. Bill agreed to abstain, but would
listen from his seat on the Commission. Mr. Moretti proceeded
to give an historical account of the area. He said during the
field inspection just read, the numbers labeling the buildings
and lots on the plans never coincided, lending some confusion.
He and attorney Arthur Reade corrected the numbers on the plans.
He continued by stating the applicant had not filed with the
Commission because he had never received notice that he was
required to do so even though there is evidence in Conservation
Commission minutes that the area was determined to be subject to
the Act as was advised to the Nantucket Planning Board. Ben
McKelway read from the Aug. 8. 1985 minutes and guessed the
message never got through to the applicant.
Donald Visco wanted to see if there was any difference between
the original plans and the as-built plans. Mr. Moretti stressed
the fact that this Request is only for a Determination on work
already completed. Only Henry Wasierski had been present at the
field inspection and the others wanted to see the site before
issuing a Determination. Mr. Moretti asked what information he
should provide for the next meeting. Carl Borchert, who said he
was Nantucket Building Inspector at the time construction began,
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of April 28, 1988 Page 9
told him to state why the foundation of one of the buildings
does not conform to that in the cover letter. Mr. Newson said
the footprint is the same and offered to be at the site. Carl
suspected fill had been added, yet Mr. Newson said no.
A motion was made to continue discussion and issuance of a
Determination until the next meeting pending another field
inspection by all Commission members. The motion was carried.
2. Extension Permit
a. Nantucket Airport Commission - SE~8-3~9 - Nantucket Shipyard
South. Joseph Forns had been asked to be present but was not.
A letter from the Nantucket Land Council was read.
Lynn Zimmerman of the Nantucket Land Council raised a few
points. She said the USCG had met with the Nantucket Airport
Commission this morning - April 28, 1988 and had determined the
Letter of Adequacy would NOT be issued in the very near future.
She added that according to Dave Shepardson of MEPA an
Environmental Impact Report will be required. Lynn stressed the
plan HAD been changed. The Land Council's interest was in
protecting the Creeks and public safety. They were not
interested in holding up the project unnecessarily, but wished
to see that the necessary permits were in order.
A motion was made to delay discussion and issuance of an
Extension Permit until the May 26, 1988 meeting. The motion was
carried.
b. Marion H. Morton - SE~8-282 - 117R Wauwinet Road. Glen
Wills of Nantucket Surveyors was present as agent for the
applicant and stated 2 additional years would be needed to
ensure successful revegetation on the lot. There was some
discussion about how the driveway covered by another application
was progressing.
A motion was made to issue a 2 - year Extension Permit to expire
May 15, 1990. The motion was carried.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of April 28, 1988 Page 10
c. E. Garrett Bewkes - SE~8-298 - Hellers Way. Ted Tillotson
of Sherburne, Powers and Needham was present as attorney for the
applicant. Ben McKelway recommended denying the request for an
Extension Permit and requiring a filing of a new Notice of
Intent under the new state and local regulations due to a note
he found in the field inspection that a Short-eared Owl had been
sighted during the viewing.
Mr. Tillotson thought Mr. McKelway had no place offering
personal opinions or recommendations during discussions of
applications since he was only a staff member hired by the
Commission. Carl Borchert objected strongly by stating this was
one of the main reasons the Administrator position was created
in the first place so as to get more thorough recommendations
about applications. Mr. Tillotson went on to give a history of
the application and stated why more time was needed to finish
the work. He said if the request is denied, then the applicant
was prepared to change his thinking about leaving a portion of
the land to a conservation organization and would attempt to
complete the road by June 3, the date the present Order expires.
He wanted more information about the Short-eared Owl sighting
mentioned above and questioned whether the field inspection
report scribe, Lucy Leske, was a qualified observer. He added
in his view the Order of Conditions did not need to be recorded
on the deed until just before construction begins.
A motion was made to continue the discussion and possible
issuance of the Permit until the next meeting. The motion was
carried.
3. Request for Emergency Certification
a. Frederick M. Moynihan - 109 Baxter Road. Norman Chaleki was
present as agent for the applicant and a letter from him was
read describing the conditions at the site. There was
discussion about whether an emergency certification was really
necessary. Ben McKelway read from the Wetlands Regulations
about such.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of April 28, 1988 Page 11
Carl Borchert thought the Commission should sent a letter as
soon as possible encouraging hasty action and immediate filing
of a Notice of Intent. Mr. Chaleki said Nantucket Building
Commissioner Ronnie Santos would accept the Commission's letter
in lieu of an Order of Conditions considering the emergency
conditions. Ben was asked to send the letter.
i!. Orders of Conditions
a. Topland Properties - SE~8-~76 - ~o Low Beach Road. Ben
McKelway was asked to draft an Order of Conditions to be voted
on at the next meeting.
b. S/J Wauwinet Trust - SEi!8-i!82 - Wauwinet Road. A motion was
made to issue a standard Order of. Conditions to include the
following Special Conditions:
1. The pier, back to the mean high water mark, shall be removed
before October 31 each year and not reinstalled before May 1 of
the following year.
2. A section of beach 30 feet wide, landward of the fixed
portion of the pier, shall be left open for the unobstructed
passage of emergency vehicles.
3. Boards may be laid on the sand to form a path between the
lawn and the 30-foot-wide open area. These boards shall be
removed before October 31 each year and not set down again
before May 1 of the following year.
~. At least two lines of snow fence shall be installed across
the path to the pier every winter at the existing dune, as shown
with purple dashed lines on the final plan.
The motion was carried.
c. Arvids and R. Reinbergs - SEi!8-~78 - 60 North Liberty
Street. Ben McKelway was asked to draft an Order of Conditions
to be voted on at the next meeting.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of April 2B, 19BB Page 12
d. Michael J. O'Mara - SE~8-i!BO - 2~O Polpis Road. Ben
McKelway was asked to draft an Order of Conditions to be voted
on at the next meeting.
e. Richard and Jane Steadman - SEi!B-i!B1 - 23 Quaise Road. Ben
McKelway was asked to draft an Order of Conditions to be voted
on at the next meeting.
5. Enforcement Orders
a. Beach Box Trust - SEi!8-i!OO - Lot 12, Hallowell Lane. Donald
Visco abstained from discussion as a subcontractor. Neil Glick
was present as attorney for the applicant. Ms. Enid Beale was
present with contractor Kate Mitchell. Jenny Shakespeare and
Mark Avery of Design Associates were also present.
Ben McKelway explained the conditions surrounding the issuance
of the Enforcement Order. Carl Borchert asked the
representatives how the violation of the Order of Conditions
came about - ie. why the entire building had been demolished and
why they thought they had permission to add a second floor to
the pre-existing dwelling.
Mr. Glick proceeded to argue that the Order of Conditions was
vague and had led to a gross yet honest misunderstanding whereby
neither the applicant nor the contractor had intentionally
violated the Order. Ms. Mitchell said she had proceeded with
the work as she had seen appropriate and did not think there was
any need to come before the Commission. If she had, she would
have she said.
Carl Borchert claimed the second floor and potential for
demolition had never been brought to the Commission's attention.
Mr. Glick disagreed and pointed out evidence for the second
floor on the plans in the file. Ms. Mitchell claimed she had
tried to preserve the old solid foundation but found it was not
in good enough shape to keep it.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of April 28, 1988 Page 13
Carl Borchert moved to ratify the Enforcement Order. Mr. Glick
requested the opportunity to clarify the problems and instead
obtain an amended Order of Conditions. Jenny Shakespeare
confirmed that identical plans had been originally filed with
both the HOC and the Conservation Commission. Nantucket
Building Commissioner Ronald Santos commented that he had issued
a Stop Work Order on the project pending a request for a
demolition permit and approval from the HDC.
Lee Dunn, not present, had listed his recommendations for action
on the situation. There was discussion about the adequacy of
the footings for a l-story vs. a 2-story dwelling. Mr. Glick
was quick to highlight that delaying completion of at least the
foundation and invoking an appeal period or new filing may be
the most destructive action to the environment right now. He
asked the project not be interrupted at this critical juncture,
particularly in light of a forecast of 3 days of rain.
Carl Borchert recalled the original intent of all the
discussions during the hearings on the application which were to
limit activity as much as possible on the front, or bluff side,
of the building. Henry Wasierski was not convinced that the
original foundation had been a solid one. Carl said if the
Commission had realized there was to be a second floor, then
it would have considered wetland scenic views and had asked for
house elevations. There was brief discussion about issuing an
amended Enforcement Order.
Mr. Glick was concerned that the applicant was being subjected
to the undercurrent of being made an example of and suggested
that an amended Order of Conditions with proper Public Notice
would be appropriate. There was discussion about where damage
could occur and which stabilization measures could be taken.
Carl Borchert stressed this was the 3rd or ~th recent case where
a lack of communication between the applicant, the Commission
and the actual contractors had been inadequate. Mr. Glick
admitted it was a problem throughout the Commonwealth.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of April 28, 1988 Page 1~
Discussion continued about whether this dwelling would have
required a foundation on pilings or a solid foundation. A
motion was made to allow the applicant to finish the foundation
on only the north and east sides as shown on the plans discussed
tonight, to allow the mason to put in the footings for the whole
house and to discuss an amended Order of Conditions at the next
meeting. Backfilling in sensitive areas will be permitted. The
motion was carried. Carl Borchert opposed. .
The applicant was asked to submit a check for advertising, and
to submit additional information at the next meeting on the
following: elevations and wetlands scenic views, a
cross-section through the bank and house for the whole lot,
HOC-approved plans, and an agreement to abide to conditions
outlined in an April 28, 1988 letter from Beach Box Trust to the
Commission. The applicant was to understand that the
Enforcement Order still applied to the rest of the project.
b. John and Vanna Nightingale - 13 Wauwinet Road. Ben McKelway
reported that the Nightingales were unable to attend tonight's
meeting. He was going to speak to Nantucket Town Counsel
DeRensis and consider legal action. The Commission asked Ben to
send the Nightingales a letter requesting receipt of a
revegetation plan by May 12, 1988 under the threat of legal
action otherwise.
6. Certificates of Compliance
a. Sylvia Realty Trust - SEi!8-29 - Meadow View Drive. It was
decided a field inspection was needed.
b. Sylvia Realty Trust - SEi!8-19l.t - Meadow View Drive. It was
decided a field inspection was needed.
7. Correspondence
All correspondence was read and accepted.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of April 28, 1988 Page 15
8. Minutes of April 1i!, 1988. A motion was made to accept the
minutes with corrections as noted. The motion was carried.
9. Other Business
a. Warren's Landing - Parks and Recreation Commission
discussion. Jake Hazen representing the Parks and Rec.
Commission was present with members Jack Gardner and Edith Ray.
The Commission was interested in seeing the area utilized for
public recreation and was willing to work with the Conservation
Commission in formulating a management plan. They envisioned a
picnic area and a boatramp. Both Commissions wanted the area to
be used for so-called passive recreation with no facilities
provided by the Town. Mr. Gardner added that grant moneys were
available to work with the Commission.
Carl Borchert recalled that when the Nantucket Parks and
Recreation Commission was formed there seemed to be an inherent
principle favoring a working relationship between the two
Commissions. He asked that the record reflect the endorsement
of a cooperative effort of both Commissions.
Ms. Ray asked about obtaining a copy of the Wetlands Regulations
as well as any specific restrictions on the Warren's Landing
lot. Ben McKelway said the regulations were available in the
office and referred her to Joel Lerner, Director of the Division
of Conservation Services at the Massachusetts Executive Office
of Environmental Affairs, about restrictions. Carl also
referred everyone to either Massachusetts Audubon guidelines for
open space management or an MACC handbook on such.
Donald Visco said the end of the road is not public in that the
fee interest is owned by the abutters. The Parks and Rec.
Commission agreed to strike from a current Town Meeting Article
the reference to Warren's Landing in a list of properties to be
under their control and to send a letter to this effect to the
Finance Committee.
,............,
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of April 28, 1988 Page 16
b. Town of Nantucket - Surfside Road pumping station. Henry
Wasierski read the results of a recent field inspection and he
remarked that it looked like more dumping had occurred there
today. Ben McKelway was asked to send a letter to the owner
asking about the filling and inviting them to the next meeting.
c. Lee/Jarrett - Sachem Road. A letter had been sent
requesting the owners appear at tonight's meeting and no one was
present. The Commission decided to wait another 2 weeks for a
response.
d. Martin Levine - Massachusetts Ave. Rob Anderson was present
as agent for the applicant and he submitted plans tonight for
the Commission's review. He claimed that the 1985 plan
adequately showed a second story with a max. height of under 21
ft.
Donald Visco thought he should request an amended Order of
Conditions. After some discussion, Mr. Anderson agreed to send
a letter requesting a determination that plans submitted tonight
constituted a minor change to the Order of Conditions and
therefore would not require the filing of a Notice of Intent.
e. Negligent opening of K Street, Madaket. Ted Tillotson had
spoken with Mr. Leggett informally and he said he would be
available next week. Donald Visco asked if this was a deeded
way. It was generally felt that this was a dispute between
Attorney Weinman and Mr. Leggett with the exception of that
portion of the property in the 100-ft. Buffer Zone. The rest of
the Commission wanted to see the lot on their own and the issue
will be discussed at the May 12, 1988 meeting.
f. William Haddon - Eel Point Road. Mr. and Mrs. Haddon were
present to say they did not like the fact that Commissioners or
the Administrator had tresspassed in order to investigate a
possible violation. Carl Borchert and Ben McKelway stated they
were empowered to do so, and that Chairman Peter Dunwiddie had
originally reported it. They wanted to take another look at
the site. Ben McKelway agreed to notify the Haddons with a time
for another field inspection.
I
.~
I
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of April 28, 1988 Page 17
g. Comments, questions from press and public. None.
h. Fred A. Church - 137 Polpis Road. Bill Willet abstained
from the discussion. Glen Wills of Nantucket Surveyors was
present as agent for the applicant and requested review of
revised plans showing a new building location and a
determination that the change-was minor to those plans filed
originally. Glen stressed that this was not a request for an
amended Order of Conditions since this had been a Determination.
Carl Borchert wanted to wait 2 weeks to make a decision. Ben
McKelway thought this may not necessarily be a minor change to
previously concerned abutters. Mr. Wills said the house would
not be any closer to anything than it was before.
A motion was made to send a letter to Mr. Church granting the
request to move the site of the house as shown on plans
submitted tonight and stating this was a minor change to the
original plans as submitted with a Request for Determination
filed in 1987. Ben McKelway also put the word out to the public
that in the future, notice must be received by the Commission
when plans are to be changed BEFORE doing the work, not after.
There being no other business, the meeting adjourned at 11:~5 PM.