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HomeMy WebLinkAbout1988-05-12 I ,..--...., . 1 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 AGENDA FOR MAY 12, 1988 A. PUBLIC HEARINGS 1. J. & J. Cochran ET AL - SE~8-i!~2 - 5i!-56 No. Beach 2. J. Seward Johnson, Jr. - SE~8-~83 - Almanac Pond Road 3. Philip & C. Hempleman - SE~8-~84 - 49 Hulbert Ave. 4. Jeffrey Moore, Inc. - SEi!8-485 - Wanoma Way, Tom Nevers 5. Karen and Larry Schwenk - Miacomet Ave & Miacomet Way 6. Patricia Norcross - Lot 2, Quidnet 7. Perkins-LaFrance - SE~8-i!86 - 99 Eel Point Rd. 8. Frederick Moynihan - 109 & 111 Baxter Rd. 9. Old North Wharf Trust - Old North Wharf 10. Charles LeMaitre - 52 Tennessee Ave. 11. TorpelCross - 9 Wauwinet Rd. B. REGULAR MEETING 1. Requests for Determination a. Stone Barn Inn I Daniel Nugent - 60 N. Beach Street b. Judith Brownell - 129 Orange St. c. Mastain/Pappageorge - Vermont Ave., Madaket 2. Extension Permits a. E. Garrett Bewkes - SE~8-298 - Hellers Way b. Susan J. McMaster-Collum - SE48-311 - 3i! Western Ave. ,Surf. 3. Orders of Conditions a. Beach Box Trust - SEi!8-i!00 - Hallowell Ln. - amended OIC b. Topland Properties - SEi!8-476 - 40 Low Beach Road c. Arvids & R. Reinbergs - SE~8-~78 - 60 North Liberty Street d. Michael J. O'Mara - SE~8-480 - 240 Polpis Road e. Richard and Jane Steadman - SEl.t8-481 - 23 Quaise Road l.t. Enforcement Orders a. John & Vanna Nightingale - 13 Wauwinet Road 5. Certificates of Compliance a. Sylvia Realty Trust - SE~8-29 - Meadow View Drive b. Sylvia Realty Trust - SEl.t8-194 - Meadow View Drive c. Wayne Mosher - SEi!8-238 - Cliff Road d. Wayne Mosher - SE~8-308 - Cliff Road ,~ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 6. Planning Board Referral a. Herbert M. Greenberg - Swift Rock Road 7. Correspondence 8. Minutes of April 28, 1988 Bills to be paid 9. Other Business a. Warren's Landing - management proposal b. Self-help grant application - exec. session? c. Martin Levine - Massachusetts Ave. d. Opening of K Street, Madaket e. William Haddon - Eel Point Road f. Dias/Town of Nantucket - Surfside Road pumping station g. Lee/Jarrett - Sachem Road h. Danielle DeBenedictus - SE~8-3~0 - Quidnet i. Town Meeting Articles - discussion opportunity j. DEQE site visits May 20 - K&B, Frazier, Commons k. Comments, questions from press and public 10. Field Inspections a. Torpe/Cross - 9 Wauwinet Rd. - NO! b. Hither Creek Boatyard - 20 N. Cambridge St. - RFD c. Susan McMaster-Collum - 3~ Western Ave. - Cert./Comp. d. Dionis Dunes - inspect ~-WD damage, cuts across dunes e. Wayne Mosher - Cliff Rd. ~ 2 Certs. of Compo i.:p~ :'-----" \ Town of Nantucket Conservation Commission Town and County Building Nantucket. Massachusetts 02554 Minutes of May 12, 1988 Page 1 MINUTES OF MAY 12, 1988 The public hearings of May 12, 1988 were called to order at 7:30 PM. Members present were: Lee Dunn - Vice Chairman, William Willet - Treasurer (presided), Granville Cranston, Donald Visco and Carl Borchert. Members absent were: Peter Dunwiddie - Chairman, Henry Wasierski. Administrator present: Ben McKelway. A. PUBLIC HEARINGS 1. J. & J. Cochran ET AL - SEi!8-l.!-i!2 - 54~56 No. Beach Street. Ted Tillotson and John Shugrue were present as agents for the applicant. Tina Coughanour stated that Mickey Marcus had left IEP and that she has taken over the case. Ted Tillotson wanted to continue the hearing until May 26 because he was still awaiting important hydrological information from IEP. Carl Borchert asked if Mickey Marcus and IEP have all the necessary information. Ted said yes. Carl requested that the staff summarize the history of this case in a memo. Ben reviewed the file and pointed out that the commission has been considering continuances since January. Ted outlined Mickey Marcus's position. Lee Dunn said the commission had thrown out Marcus's argument long ago. Lynn Zimmerman of the Nantucket Land Council submitted a letter stating: 1. The applicants have not filed with the Planning Board as is required in the Wetlands By-Law and Mass. General Law. 2. The Notice of Intent is incorrectly completed in that it does not consider the land Isolated Land Subject to Flooding. ,-..., \ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of May 12, 1988 Page 2 3. The applicants have failed to produce credible evidence that the work proposed in the Notice of Intent on Land Subject to Coastal Storm Flowage or Flooding will not significantly affect the protected interests of flood control, groundwater, and storm damage prevention. She recommended denying this application without prejudice. A motion was made to continue the hearing for more information from IEP. The motion was carried. 2. J. Seward Johnson, Jr. - SE~8-i!83 - Almanac Pond Road. No agent was present for the applicant. Bill Willet said he was still expecting a revised plan from the applicant. A motion was made to continue the hearing for more information. The motion was carried. 3. Philip & C. Hempleman - SE~8-~8i! - ~9 Hulbert Ave. John Shugrue was present as agent for the applicant. John stated that the application was continued from the last meeting only because there was no DEQE file number yet. Ben McKelway outlined his recent memo of ~/26/88, stating the advice he had received from DEQE that bulkheads and dunes do not mix. Donald Visco said there was a problem with beginning a new project before a certificate of compliance is issued on an old one. Donald thought there was no problem with the bulkhead specifically. He felt that the property owner had a legitimate concern and suggested that the Conservation Commission work with the owner to obtain a certificate of compliance first. Carl Borchert thought that the deck extension would wipe out the dune that the ConCom wanted them to restore. Lee Dunn said he thought the ConCom had been encouraging a certificate of compliance for some time. Ben was asked to compose a draft denial. A motion was made to close the hearing. The motion was carried. . r---. , \ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of May 12, 1988 Page 3 ~. Jeffrey Moore, Inc. - SE~8-i!85 - Wanoma Way, Tom Nevers. Jeffrey Moore was present. Mr. Moore said he was off-island at the last meeting; he wanted to know what the procedure is and what information the ConCom needed. He answered questions on elevations, setbacks, and crawlspace, and said the septic system was outside the 100-foot buffer zone. Carl Borchert said that snowfencing is needed on the bluff-side and at the limits of the work line and that Mr. Moore should send a letter to that effect concerning elevation, limits of work, snowfencing and a vegetation removal plan. Ben McK~lway pointed out that there was a minor problem in that the ConCom was being asked to issue two Orders of Conditions for one application. Lee Dunn said there would be potential problems in obtaining a certificate of compliance for example. Mr. Moore read a BSC letter dated ~/28/88. He said he would consider a second filing. A motion was made to continue the hearing for more information from Natural Heritage and Endangered Species Program. The motion was carried. 5. Karen and Larry Schwenk - Miacomet Ave. & Miacomet Way. No agent was present for the applicants. Ben McKelway'summarized Mrs. Schwenk's letter to withdraw the application; the letter was recteved 5/11/88. Donald Visco asked about the maintanence dredging. Ben was asked to send a letter, advising that the dredging not be more than two feet deeper than originally proposed, for a total of 5 feet. A motion was made to accept the withdrawal and send a letter to the Schwenk's. The motion was carried. " ....... ,~ Town of Nantucket Conservation Commission Town and County Building Nantucket. Massachusetts 02554 Minutes of May 12, 1988 Page ~ 6. Patricia Norcross - Lot 2, Quidnet. Pat Norcross was present. Bill Willet read the results of the field inspection. Bill Willet suggested draining the septic tanks and filling them with sand, but Ms. Norcross thought that would be too difficult to do because the pond water is too high. Donald Visco recalled activity with these cottages over the years; he thought he could do the draining job. Granville Cranston suggested using a crane to go at it from the top of the bank. Ms. Norcross pointed out that she cannot do anything with the contractors until the DEQE and the ConCom issue an Order of Conditions. Ms. Norcross said she plans to demolish the cottages in September. Ben McKelway thought that burning the cottages would be a cheap solution. Carl Borchert said a silt fence should keep the floating material contained. were suggested as possible substitutes discussion ensued about working on the working from the top of the bank. be put in the water to Snowfence and chickenwire for siltation fence. A beach as opposed to Ben was asked to call DEQE. He stated that he had already consulted DEQE and thought that they may kick this back because it was an Abbreviated Notice of Intent for work in a resource area. Carl asked Ben to call DEQE again because he did not wish to hold Ms. Norcross up. A motion was made to continue the hearing for a DEQE file number. The motion was carried. 7. Perkins-LaFrance - SEi!8-~86 - 99 Eel Point Rd. Lee Dunn abstained. Alan LaFrance was present. Tina Coughanour from IEP, Inc. was present as agent for the applicants. Tina gave a brief description of the site and project. The site is in an estimated rare species habitat and further response from the MNHESP was being awaited. Tina stated that the new septic tank is over 100 --.... " Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of May 12, 1988 Page 5 feet away from the dune, and that revegetation will take place where neccessary. An overlay representation was submitted re the Wetlands Scenic Views -- Tina said the house would be 2i! feet high (one and a half stories). It was determined that the resource area is a coastal dune, not a coastal bank. Bill Willet read the field inspection recommendation. Donald Visco said they may want to consider moving the house back. There was a discussion of whether the DEQE would require the house to be on pilings. Tina said pilings would probably be required for a brand new house, but not necessarily for one on the site of an existing structure. A motion was made to continue the hearing for a response from the MNHESP. The motion was carried. 8. Frederick Moynihan - 109 - & 111 Baxter Road. Norman Chaleki was present as agent for the applicant. Norman said the building was moved today and will relocate soon; he agreed to field any questions. Carl Borchert suggested Cranny. look at the condition of the bank sometime on his way home. A motion was made to continue the hearing for a DEQE file number. The motion was carried. 9. Old North Wharf Trust - Old North Wharf. Edward Sanford, Trustee, was present to describe the project. A motion was made to continue the hearing for a DEQE file number. The motion was carried. 10. Charles LeMaitre - 52 Tennesse Ave. Tina Coughanour from IEP, Inc. was present as agent for the applicant. Tina described the site and the project and listed the resources on the site. She said the new septic is to be 51 feet from the saltmarsh and is to be mounded to meet the five foot separation requirements. Donald Visco said this was a step in the right direction and it improves the situation existing now. .-....., Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of May 12, 1988 Page 6 Carl Borchert wanted to know if the ConCom will need to grant a waiver under the local bylaw. Donald said no. It was suggested that the new well be relocated on the plan to a site beneath the way. A motion was made to continue the hearing for a DEQE file number. The motion was carried. 11. Torpe/Cross - 9 Wauwinet Rd. Tina Coughanour from IEP, Inc. was present as agent for the applicants. Tina described the site and the project: the addition is to be 52 feet from the Wetland boundary, haybales are to be used, and the 25 root vegetative buffer is to be maintained. Jeffrey Blackwell of Hart and Blackwell also commented on the septic system conditions. It was determined that no more information was needed, but a field inspection was yet to be done. A motion was made to continue the hearing for a DEQE file number and a field inspection. The motion was carried. B. REGULAR MEETING 1. Requests for Determination a. Stone Barn Inn / Daniel Nugent - 60 N. Beach Street. Bill Willet abstained. David Moretti was present to represent the applicant. Mr. Moretti reviewed a previously filed Request for Determination on two other lots and described the work done already. He said he was looking for a negative determination only on work done to date irrespective of lot 6. Lee Dunn said that from the field inspection, it was very difficult to discern what the conditions were like before the work was done, but that it looked like some filling of parts of the nearby Wetland had been done. There was a discussion of the poured footings which had been put in. Lee said the drainage characteristics may have been changed by the construction of the parking lot. '--.. 1 Town of Nantucket Conservation Commission Town and County Building Nantucket. Massachusetts 02554 Minutes of May 12, 1988 Page 7 Mr. Moretti pointed out that a Notice of Intent must eventually b submitted for lot 6, in accordance with the prior Request for Determination. Lee said a statement is needed from the engineer certifying no fill had been brought in. Carl Borchert stated he wanted to see the site on a field inspection. Mr. Moretti admitted there was definitely a disturbance of lot 6. A motion was made to continue the hearing until the next meeting to await the arrival of the statement from the engineer that no fill was added to any lot except lot 6 and that conditions at the site are what the narrative submitted by Mr. Moretti says they are. The motion was carried. Carl abstained from the vote. b. Judith. Brownell - 129 Orange Street. 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. c. Mastain/Pappageorge - Vermont Ave., Madaket. The field inspection report was read. 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 a Notice of Intent. The motion was carried. 2. Extension Permits a. E. Garrett Bewkes - SEi!8-298 - Hellers Way. Ted Tillotson and John Shugrue were present as agents for the applicant. Ben McKelway summarized the project proposal and the reason for the request for an extension. /) Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of May 12, 1988 Page 8 There was a discussion of the short-eared owl status and Karen Combs, representing MNHESP. was also present to answer questions. Karen submitted a map of the territories, stating two pairs of birds use this area to hunt prey. Ted Tillotson reviewed the project and pointed out that Mr. Bewkes had made gifts in the past to the Nantucket Conservation Foundation. Ted stated that Mr. Bewkes owns a lot of land on Nantucket of which very little has been developed. He then submitted an copy of an Inquirer and Mirror article on how the ConCom might vote tonight. Donald Visco said no one wants to job just to meet a June deadline. the intent to hold on to the land to maintain its value. see a "rushed-up" construction Ted stated that Mr. Bewkes has in its present state in order Lynn Zimmerman of the Nantucket Land Council submitted a letter. Lynn said she hoped Mr. Bewkes's intention is to protect this sensitive area. Lynn suggested continuing the hearing for two more weeks to hear a clear intent from Mr. Bewkes. Ted said that Mr. Bewkes cannot wait two weeks and that a one-year extension would do. Donald stated that the subdivision plan was originally conceived to establish value. Lynn said that there would be no disadvantage to delay the decision two weeks if Mr. Bewkes truly had a genuine conservation interest in mind. She also said she had made numerous attempts to reach Mr. Bewkes without success. Ted said that Mr. Bewkes is not difficult to reach. Ben relayed third-hand information that Mr. Bewkes is not interested in selling his land to a conservation buyer. Bill Willet and Donald Visco pointed out that they do not wish to call Bewkes's bluff and pressure him into anything. Ben sugggested consideration of MNHESP. Lee Dunn wanted to table the decision for two weeks. ------- Town of Nantucket Conservation Commission Town and County Building Nantucket. Massachusetts 02554 Minutes of May 12, 1988 Page 9 A motion was made to grant ~extension of one year. A discussion of the procedure'of issuing extension permits followed. The motion was carried. b. Susan J. McMaster-Collum - SEi!8-311 - 3~ Western Ave., Surfside. Chris Collum was present to explain the request for an extension. A motion was made to issue a two-year Extension Permit. The motion was carried. 3. Orders of Conditions a. Beach Box Trust - SE~8-i!OO - Hallowell Ln. - amended Order of Conditions. Donald Visco abstained from the discussion. Neal Glick was present as attorney for the applicant. Mark Avery and Jenny Shakespeare of Design Associates and Les Smith of Daylor Consulting Group were also present. Kate Mitchell of Island Women Construction Company was present to field questions as the contractor. Neal Glick went over the "good faith misunderstanding" discussed at the last meeting; he stated there was no environmental damage done. There was a discussion of the foundation footings and the snowfencing which they are willing to put up. Jenny Shakespeare confirmed that the footprint and the walkway are in the same location as before. There was a discussion of the environmental concerns: the walkway over the bluff/dune. A cross-section was presented in which the only true difference from the old one is that the footings are deeper. Re the analysis of Wetlands Scenic Views impact, a drawing was submitted depicting the old versus the new views based on actual photos; no obstruction is anticipated. As was requested at the last meeting, HDC-approved plans were submitted. --.. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of May 12, 1988 Page 10 Les Smith spoke on possible negative environmental impacts. The building site is a buffer zone to a coastal bank. There is no rare species habitat on this site. Les commented on the very small effect of removing the additional 27 cubic yards from the foundation. He also recommended a walkway to protect the dunes. Lee Dunn commented on the reasons for the original enforcement order which he had issued. He also stated he was impressed by tonight's presentation but he wanted certification. Mark Avery agreed to come into the office on Friday, May 13 with stamped, signed plans. A motion was made to issue an amended Order of Conditions. The motion was carried. b. Topland Properties - SE,*8-,*76 - '*0 Low Beach Road. Ben McKelway read the draft Order of Conditions. A motion was made the issue the Order of Conditions. The motion was carried. c. Arvids & R. Reinbergs - SEi!8-,*78 - 60 North Liberty Street. Ben McKelway read the draft Order of Conditions. A motion was made to issue the Order of Conditions. The motion was carried. Ted Tillotson who was present as agent for the applicant suggested that Ben's measurements, '*2-50 feet, may not be accurate. Ben agreed to reword the Order of Conditions to give the applicant the benefit of the doubt and follow the plans as approved. d. Michael J. O'Mara - SEi!8-,*80 - 2'*0 Polpis Road. Les Smith of Daylor Consulting Group was present as agent. Ben McKelway read the draft Order of Conditions. A motion was made to issue the Order of Conditions. The motion was carried with Lee Dunn abstaining. e. Richard and Jane Steadman - SE,*8-,*81 - 23 Quaise Road. Bob Emack of Nantucket Surveyors was present as agent for the applicant. Ben McKelway read the draft Order of Conditions. A motion was made to issue the Order of Conditions. The motion was carried. ~ Town of Nantucket Conservation Commission Town and County Building Nantucket. Massachusetts 02554 Minutes of May 12, 1988 Page 11 ~. Enforcement Orders a. John & Vanna Nightingale - 13 Wauwinet Road. A letter from th Nighingale's lawyer, Ellen D. Fine, was read, dated May 9, 1988. The Commission agreed to grant the Nightingales more time to file a revegetation plan, as called for in the Enforcement Order. Ben was asked to respond by letter. 5. Certificates of Compliance a. Sylvia Realty Trust - SEi!8-29 - Meadow View Drive. A motion was made to issue a Certificate of Compliance. The motion was carried. b. Sylvia Realty Trust - SE~8-19i! - Meadow View Drive. A motion was made to issue a Certificate of Compliance. The motion was carried. c. Wayne Mosher - SE~8-238 - Cliff Road. It was decided a field inspection was needed. d. Wayne Mosher - SE~8-308 - Cliff Road. It was decided a field inspection was needed. 6. Planning Board Referral a. Herbert M. Greenberg - Swift Rock Road. Not discussed. 7. Correspondence - Not discussed. 8. Minutes of April 28, 1988 - Not discussed. 9. Other Business a. Warren's Landing - management proposal. Lowell Whiteford was present to discuss a proposal he had submitted to make improvements at Warren's Landing: planting and soil improvement. Lowell said he had approached the Parks and Recreation Committee, but Jack Garner told him to come to ConCom first. Carl Borchert told Lowell to be sure to keep the Parks & Rec. informed. Lowell said he would like to do the project over 2-3 years and would be r-- - :0 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of May 12, 1988 Page 12 answerable to the ConCom and present plans for revegetation to the ConCom for review. Lee Dunn thought it was an interesting idea. Bill Willet said the Commission is favorably disposed to the idea in general. Donald Visco said the liability question must be looked into. Ben McKelway said he had already written a letter to Elizabeth Goodman to that effect. Lee thought a more concrete proposal was needed. Carl liked the idea of building up the soil. Donald thought most Nantucketers are interested in water-related activities at Warren's Landing for recreational boating--that is Donald's top priority. Donald also suggested that Lowell could possibly get donations of tractors and tillers. Carl suggested a soil test was needed to start off with. b. Self-help grant application - executive session? - Not discussed. c. Martin Levine - Massachusetts Ave. Rob Andersen was present as agent for the applicant. Rob stated that the project is a new foundation on an old footprint. Bill Willet read a letter from Rob Andersen. Carl thought this was a minor modification. Ben was asked to send a letter to this effect. d. Opening of K Street, Madaket. David Leggett, who had done the brushcutting, was present. Lee said the brushcutting was in the buffer zone and minor. It was determined that Mr. Leggett was not planning to drive on the path; he said he may put up a split-rail fence to keep vehicles out. Mr. Leggett also said that he had made peace with the complainer. It was decided that no action by the ConCom was needed. e. William Haddon - Eel Point Road - Not discussed. f. Dias/Town of Nantucket - Surfside Road pumping station - Not discussed. g. Lee/Jarrett - Sachem Road - Not discussed. h. Danielle DeBenedictus - SEl.t8-3l.tO - Quidnet - Not discussed. /J Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of May 12, 1988 Page 13 i. Town Meeting Articles - discussion opportunity - Not discussed. j. DEQE site visits May 20 - K&B, Frazier, Commons - the commissioners were given notice. k. Comments, questions from press and public. None. There being no other business, the meeting adjourned at 11:08 PM.