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HomeMy WebLinkAbout1988-04-28 '~ 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 r-.... ! 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 r ."'--"""t 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 -:--.. , 1 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. ,-- , ) 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. ", '\ 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. \ i > 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 . .~) 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. '\ , I 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 ~. ~.." ., r--., 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, .-"'" \ J 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. . --.... . \ 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. , ~ ',' r-.. ) 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. .~ ., 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. . -.... .' ) 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. ) 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. "' 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.