HomeMy WebLinkAbout1988-06-02
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
AGENDA FOR JUNE 2, 1988
A. PUBLIC HEARINGS
1. J. & J. Cochran ET AL - SEi!8-i!~2 - 5~-56 No. Beach
2. J. Seward Johnson, Jr. - SE~8-i!83 - Almanac Pond Road
3. Bonefish Realty Trust - (Jeffrey Moore) - Wanorna Way
~. Tarpen Realty Trust - (Jeffrey Moore) - Wanoma Way
5. Patricia Norcross - SEi!8-i!91 - Lot 2, Quidnet
6. Perkins-LaFrance - SE~8-~86 - 99 Eel Point Rd.
7. Frederick Moynihan - SEi!8-~90 - 109 & 111 Baxter Rd.
8. Old North Wharf Trust - SE~8-~89 - Old North Wharf
9. Charles LeMaitre - SE~8-~87 - 52 Tennessee Ave.
10. Torpe/Cross - SEi!8-~88 - 9 Wauwinet Rd.
11. Shaun & Millicent Ruddy - *8 West Chester St.
B. REGULAR MEETING
1. Requests for Determination
a. Stone Barn Inn / Daniel Nugent - 60 N. Beach Street
b. J. Seward Johnson, Jr. - 31 Madaket Road
c. Hither Creek Boatyard - 20 N. Cambridge st.
2. Extension Permits
a. Elizabeth McIlvain - SE~8-~07 - Millbrook Rd.
b. Nantucket Airport Commission - SE~8-3~9
3. Orders of Conditions
a. Philip C. Hempleman - SE~8-~8i! - ~9 Hulbert Avenue
b. Arvids & R. Reinbergs - SE~8-i!78 - (amended)
c. Wauwinet House - SE~8-392 - (amended order or minor change)
d. Old North Wharf Trust - SE~8-i!89 - Old North Wharf
~. Enforcement Orders
a. John & Vanna Nightingale - 13 Wauwinet Road
b. Quentin Holmes?
5. Certificates of Compliance
a. Wayne Mosher - SE~8-238 - Cliff Road
b. Wayne Mosher - SEi!8-308 - Cliff Road
c. Crow's Nest Assoc. - SE~8-i!61 - 10 Crow's Nest Way
d. Crow's Nest Assoc. - SEi!8-~62 - 10 Crow's Nest Way
6. Correspondence
7. Minutes of April 28, 1988
Minutes of May 12, 1988
8. Bills to be paid
9. Other Business
a. William Haddon - Eel Point Road
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
b. Dias/Town of Nantucket - Surfside Road Pumping Station
c. Lee/Jarrett - Sachem Road
d. Danielle DeBenedictus - SE~8-3~0 - Quidnet
e. H & S Holland - SE~8-~52 - 117 Madaket Road
f. Harold Wheldon - SE~B-28i! - Baltimore Ave.
g. Comments, questions from press and public
10. Planning Board Referrals
a. Eger/Andlinger - Chase Lane Acres
b. Richard Brooks - Brooks Farm 11. Field Inspections
11. Field Inspections
a.. Shaun & Millicent Ruddy - #8 West Chester St. - NOI.
b. J. Seward Johnson, Jr. - 31 Madaket Rd. - RFD.
c. Eger/Andlinger - Chase Lane Acres - PBF.
d. Richard Brooks - Brooks Farm - PBF.
e. Crow's Nest Assoc. - SE~8-i!61 - 10 Crow's Nest Way
f. Crow's Nest Assoc. - SE~8-~62 - 10 Crow's Nest Way
g. David Perley - 113 Hummock Pond Rd. - RFD
h. S/J Wauwinet Trust - SE~8-392 - Wauwinet Rd. - modification
12. Executive Session - possible parcels for self-help grant
application.
Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 2, 1988 Page 1
MINUTES OF JUNE 2, 1988
The public hearings of June 2, 1988 were called to order at 7:33 PM.
Members present were: Peter Dunwiddie - Chairman, Lee Dunn - Vice
Chairman, William Willet - Treasurer, Henry Wasierski, Donald Visco,
Granville Cranston, and Carl Borchert. Members absent were: none.
Administrator present: Ben McKelway.
A. PUBLIC HEARINGS
1. J. & J. Cochran ET AL - SE48-i!i!2 - 54-56 No. Beach Street. No
agent was present for the applicant. There was a discussion
about whether or not the hearing should be continued until the
next meeting, but this idea was eventually rejected since the
hearing had already been going on so long. A motion was made to
close the hearing. Ben McKelway requested guidance from the
Commissioners in terms of the decision to be made. The motion
was carried.
2. J. Seward Johnson, Jr. - SEl.t8-i!83 - Almanac Pond Road. No agent
was present for the applicant. A motion was made to continue the
hearing for more information. The motion was carried.
3. Bonefish Realty Trust & i!. Tarpen Realty Trust. Ken Gullickson
from Reade and Alger was present as attorney for the applicant.
Ken submitted a letter requesting the withdrawal of the original
file--Jeffrey Moore SE48-485--since the Commission required the
application be divided into two separate files. Carl Borchert
asked if the new files had been advertised. Ben McKelway replied
that only the original application was advertised. Carl asked if
the hearing had been closed. Ken pointed out that everything in
the new applications are exactly the same as in the original
application. Carl wanted to know if the ConCom had received any
money for processing the new files. Ben said no; he also pointed
out that the new application had snowfence lines added.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 2, 1988 Page 2
Peter Dunwiddie said that technically someone could complain that
the hearing was not advertised. Lee Dunn said it was a
technicality. Peter pointed out that someone could challenge the
ConCom, claiming an illegal hearing. Henry Wasierski wanted to
know what DEQE said about this case. Ben answered that DEGE told
him that two separate filings must be made and that the original
application must be withdrawn before new DEQE numbers could be
issued. Peter said that the ConCom should advertise the new
hearings before beginning a public hearing on them. A motion was
made to accept the withdrawal of the original application,
Jeffrey Moore - SEi!8-i!85. The motion was carried.
5. Patricia Norcross - SE48-491 - Lot 2, Quidnet. Henry Wasierski
abstained. Patricia Norcross was present. Ben McKelway said
that the ConCom had been waiting for a DEQE number for this file
and the number had arrived. Ms. Norcross wanted to know if the
cottages should be moved or demolished and what the next step was
in terms of which department she should go to. Carl Borchert
said going to the HDC was the next step; he asked if anyone had
the previous meeting's minutes. Peter Dunwiddie read from the
minutes of May 12, 1988 re Patricia Norcross. Carl wanted to
know if the lift station was full of sand. Ms. Norcross said
yes, and that there was water in it now.
Ben pointed out that the ConCom will have to know how the
buildings are going to be demolished in order to issue an Order
of Conditions. Carl said that the options could be included
within the Order itself. Peter said haybales should be used if
the buildings are demolished, but he asked how the resource area
was to be protected if the buildings are burned. Lee Dunn
suggested the use of chicken wire in the water. Carl said to use
snowfence or chicken wire only if the cottages are burned and to
use haybales for any other options.
Peter wanted to know if the demolition was to take place after a
certain date. Ms. Norcross said it would be after the end of
September. Peter said it should take place between September 15
and December 15.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 2, 1988 Page 3
Ben asked if there should be a discussion about working from the
top of the bank as opposed to from the beach. Donald Visco said
the ConCom should not restrict Ms. Norcross to working from the
top of the bank, especially if the options are demolition or
burning. Ben asked if moving the cottages should be an option in
the Order of Conditions. Donald said that moving the cottages
would create problems with the HDC, etc., but it was decided that
moving should be an option.
Ben was asked to compose a draft Order of Conditions to be
decided on at the next meeting. A motion was made to close the
hearing. The motion was carried.
6. Perkins-LaFrance - SE~8-i!86 - 99 Eel Point Road. Lee Dunn
abstained. David Pickard from IEP, Inc. was present as agent for
the applicants; he said that Tina Coughanour was not able to
attend. Alan LaFrance was also present.
Donald Visco wanted to know how the project was affected by the
new regulations. David said that the project area contains three
resource areas: Land Subject to Coastal Storm Flowage, Coastal
Beach, and Coastal Dune. David described the project as the
reconstruction of a dwelling with substantial changes. He said
that the new septic system would be 100 feet away from the
Coastal Dune and that the proposed house was to be on a narrower
footprint than the original house. He thought that pilings would
theoretically be possible. David went on to say that all
disturbed areas would be revegetated and snowfence would be
placed around the limits of the work. He stated that this
project confines the disturbance and pointed out that MNHESP has
no objections to this project.
Carl Borchert said that he had a problem with calling the
resource area a primary dune. He stated that primary dunes are
critical in protecting barrier beach features and that in this
case the dune does not function in this way, so it is not a
bona-fide primary dune.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 2, 1988 Page ~
Peter Dunwiddie read from the current regulations on eroding
banks. David said that it was a scarp, not a bank, and that the
proposed house would be 85 feet away from the scarp as opposed to
the existing house which is about 70 feet away. Ben McKelway
showed where he had measured only 39 feet from the deck to the
scarp. Ben also pointed out that if it was labled a Coastal Bank
then a precedent would be set for Dionis. He added that the area
is not a barrier beach and the word "primary" is not relevant,
since the applicant admits it is a coastal dune.
Donald Visco said that the proposed house would substantially
increase the footprint and that this was a completely different
situation from a reconstruction.
Carl said that this dune does not protect against storm damage
and it does not help the environment. He felt that thought
should be given instead to the bank which is a natural barrier to
storm damage. Henry Wasierski stated that it is a Coastal Dune
and read from the regulations which state that no work can be
done within 100 feet of a Costal DUne. David stated that the
project will not affect anything except the landward migration of
sand, by increasing it. David. said that the annual erosion rate
was 1.5 feet.
Carl wanted information about how far back work must be from a
Coastal Dune. Ben read from the regulations which stated 100
feet.
Peter read from the local regulations and stated that a variance
is required. Donald said that repairing and increasing were two
different issues. David wanted to continue the hearing in order
to consider the option of confining the proposed house to the
existing footprint. Henry wanted to know if moving the house was
an option. David said there would be problems with moving the
house. Peter said that other possibilities should be explored.
David said that the flood elevation is 8 feet. Ben stated that
it looked like a B zone. David wanted to know how applicable the
setback is if the house is confined to the original footprint.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 2, 1988 Page 5
Alan LaFrance wanted to know if the resource area is really a
Coastal Dune--whether or not the landward edge is all Coastal
Dune. Henry said yes and that there was sand all the way up to
the deck. David said there was wind erosion off the dune and
wanted to know where the edge of the dune was. Peter said it was
where there was no longer any moving sand. Alan stated that the
driveway was eroding and there is no sand there; he felt that the
proposed new structure on the old footprint would cause the least
amount of harm.
Peter stated that the dune can be restored and that Carl's
question was not legitimate. Carl said he would rather save the
heavy guns for a project involving a dune that really protects
something.
Ben read from the regulations re Coastal Dunes. Peter suggested
that the applicants should take on themselves consideration of
how significant the area is.
There was more discussion on the erosion of the bank. A motion
was made to continue the hearing in order to let the applicants
consider their options. The motion was carried.
7. Frederick Moynihan - SEi!8-i!90 - 109 & 111 Baxter Road. No agent
was present for the applicant. A motion was made to close the
hearing. The motion was carried.
8. Old North Wharf Trust - SEl.t8-l.t89 - Old North Wharf. Edward
Sanford, Trustee, was present. A motion was made to close the
hearing. The motion was carried.
9. Charles LeMaitre - SE~8-~87 - 52 Tennessee Ave. Jeff Blackwell
of Hart & Blackwell Assoc. was present as agent for the
applicant. Ben McKelway stated that a variance was needed. Carl
wanted to know what the regulations say on that point. Donald
stated that new rules cannot be applied to something that
lawfully exists. Donald went on to say that the applicants do
not even need to corne before the ConCom for repairing a septic
system. Carl pointed out that the septic system is to be moved
and thought that the Commission should grant a variance.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 2, 1988 Page h
Henry asked what the size of the existing septic system was."
Jeff stated he did not know for sure, but that he surmised that
the tank and leach pit were metal. He said that there was not
much latitude for putting in the new system and that the proposed
location was really the only place it could go. Jeff added that
the proposed new location would increase the distance from the
resource area. Henry wanted to know how large the new septic
system was to be. Jeff said it would accomodate a three bedroom
dwelling.
Donald stated that the old septic systems are not legal. Henry
said that was immaterial and that the septic system was probably
going to be enlarged. Donald said that the minimum size is 1,000
gallons and that the only other solution is condemnation of the
property. Carl pointed out that the applicants were there for a
permit; he stated that the ConCom should grant a variance in
order to keep things clean. Lee Dunn said he agreed.
Ben McKelway was asked to draft a variance. Ben asked if there
were to be any special conditions. A motion was made to close
the hearing. The motion was carried.
10. Torpe/Cross - SE48-i!88 - 9 Wauwinet Road. Jeff Blackwell was
present as agent for the applicants to describe the project.
Bill Willet read from the Field Inspection report.
Bill asked if anything had been done in regard to the garage.
Jeff said that there was sufficient area to work around the
building to put on the proposed addition without moving it.
Granville Cranston agreed that there was plenty of room. Carl
asked if the regulations for the distance setbacks had been met.
Bill said it was 55 feet back. Henry stated that the flagging
job had been lenient. Carl asked if the flagging was still 55
feet away; Jeff said it was between 50 and 55 feet away from the
wetland.
Lee Dunn wanted to know if there was a slope between the cottage
and the wetland. Jeff said there was a gradual slope. Lee said
he saw no problems with the project. Carl asked if the brush was
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 2, 1988 Page 7
going to stay where it was. Jeff said yes and that nothing was
going to be disturbed. Lee requested that the applicants send a
letter concerning the driveway work. Jeff agreed to let the
applicants know. Jeff added that there would be a three to three
and a half foot cover over the proposed leach field, 50 it is
O.K. to drive over it.
A motion was made to close the hearing. The motion was carried.
Ben was instructed to note any work not included in the NOI on
the Order of Conditions, after receiving a list of such work from
the applicant.
11. Shaun & Millicent Ruddy - #8 West Chester St. No agent was
present. Ben said he had told the builder it was OK to wait
until the June 9 meeting. A motion was made to continue the
hearing for a Field Inspection and a DEQE file number. The
motion was carried.
B. REGULAR MEETINGS
1. Requests for Determination
a. Stone Barn Inn / Daniel Nugent - 60 N. Beach Street. Peter
Dunwiddie stated that at the last meeting there was a request for
a statement from an engineer. Peter read from the letter which
was received 5/24/88. Lee Dunn said that he was expecting a
letter stating that no fill had been added; Lee also pointed out
that Lot 6 was exempt from the statement. Lee stated that there
was no way of telling what had been done, but that the drainage
characteristics did not seem altered. Peter said that a new
letter was needed. Donald said there was obviously a lot of
activity on the Lot. Henry Wasierski said that all the work was
done within the buffer zone, but he wanted to know if anything
was altered. Carl Borchert said that nothing was substantially
changed, pointing out that each new cottage was the same height
and in the same footprint as the original.
A motion 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 June 2, 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. Lee Dunn stated that a note
should be typed in to the Determination reading, "The Request was
filed after the work was done. This Determination is based in
part on assurances from a registered engineer." The motion was
carried.
b. J. Seward Johnson, Jr. - 31 Madaket Road. Mark Poor was
present as agent for the applicant. Peter Dunwiddie read from
the Notice of Intent. Mark stated that the man-made pond would
determine the limits of work. Carl Borchert said the area for
which a Determination was requested was within the buffer zone
of, if not within, a wet meadow. A motion was made to issue a
positive Determination stating that the work described in the
request is within the Buffer Zone as defined in the regulations,
and will alter an Area Subject to Protection Under the Act.
Therefore, said work requires the filing of a Notice of Intent.
The motion was carried.
c. Hither Creek Boatyard - 20 N. Cambridge St. Albert Manning,
Jr., President of Hither Creek Boatyard, Inc. was present. Mr.
Manning explained that the site was used to store boats and that
the building was an old one. Donald Visco asked if boat storage
racks are to be used. Mr. Manning replied, eventually. Peter
Dunwiddie read from the 5/16/88 Field Inspection report; Peter
asked when the concrete floor was poured. Mr. Manning said it
was poured last fall, in the same footprint.
A motion was made to issue a negative Determination stating that
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. Carl stated that a special
condition should appear in the Determination reading, "No
equipment or debris is allowed in the marsh." The motion was
carried.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 2, 1988 Page 9
2. Extension Permits
a. Elizabeth McIlvain - SEi!8-i!07 - Millbrook Rd. Lee Dunn
abstained. Ben McKelway said that the ConCom received a letter
on 5/26/88 from Design Associates on behalf of the applicant
requesting an extension. It was decided that the applicant's
permit was automatically good for three years and no letter was
necessary to extend the permit.
b. Nantucket Airport Commission - SEl.t8-3~9. Bill Welch of the
Nantucket Airport Commisssion was present. Ben McKelway said
that the consultant for the Land Council had raised some
questions on this project. Ben also stated that Joe Forns of the
Airport Commission dropped by the latest plan and said that the
Coast Guard's Letter of Adequacy, confirming that the plan meets
their standards, will be written and mailed. Carl Borchert
wanted to continue the hearing to wait for the letter from the
Coast Guard.
Mr. Welch said the letter cannot be issued until after the new
operations manual is approved.. He added that the Coast Guard
will inspect the project after the pipeline is built and that
they must be happy with the complete operation. He was afraid
the permit was going to run out and requested the issuance of an
extension permit.
Carl said that it was hard to count on Joe Forns. Bill Willet
said that the ConCorn does not need to rely on Mr. Forns because
the Coast Guard will take care of it. Carl stated that he saw no
problem with an extension, but he wanted to see the letter. Ben
pointed out that this could conflict with the way the previous
case (McIlvain) was handled. Mr. Welch stated that the Airport
Commission was not yet really close to starting the work.
Henry Wasierski wanted to know when the permit expired. Peter
replied, May 12, 1986. Henry said that no work should start
until the Coast Guard sends the Letter of Adequacy.
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Town (of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 2, 1988 Page 10
Lynn Zimmerman of the Nantucket Land Council read from the Order
of Conditions. She said that the Land Council recognizes the
need for the facility, but that there are several problems with
the project:
--the potential for another "dolphin" situation, in which people
wonder after it is too late how something got built.
--that there was no registered engineer signing the plans
--MEPA emergency status situation and need for EIR
--that the plans themselves do not adequately protect the
resource
--that there are several new additions to the project which have
not been reviewed by the Commission.
Lynn requested that the ConCom review and reopen the hearing.
Peter asked if the plans need to be amended or modified. Ben
said yes. Mr. Welch said he was not completely familiar with all
the departments they are required to go through. He stated that
the Airport Commission was not changing anything and that the
confusion came in from their engineer, who was not a
professional.
Carl asked where the drains drain off to. Mr. Welch said to the
valve and that the spill would go into the system and will be
removed. He then explained about the various safety precautions
that will be taken, stating that the Airport Commission has gone
a step beyond to protect the area.
Peter stated that the ConCom will need a new set of plans
concerning the project. Mr. Welch said there were no
differences. Lynn pointed out the old plan called for use of the
LARC, while the new plan adds a personnel float with permanent
pilings. Mr. Welch admitted that this was the only difference.
Lynn stated that there were other changes and that MEPA requires
improvement of the project. Carl said that the parking area had
changed a lot. Mr. Welch denied this, saying it was as designed.
Peter stated that an official request was needed for any changes.
Mr. Welch said that he would talk to Mr. Forns about pilings for
the float. Ben stated that Mr. Forns told him that there were no
changes. Carl requested that the ConCom get a copy of the bid
package.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 2, 1988 Page 11
Lee Dunn said that the extension should be automatic and wanted a
letter written to that effect. Donald wanted to know whether the
ConCom should deal with Mr. Welch or Mr. Forns in the future.
Mr. Welch said that Joe was off island. Ben was asked to send
two letters, one stating an extension permit is not necessary at
present and the other requesting a statement about what changes
were made.
3. Orders of Conditions
a. Philip C. Hempleman - SE~8-i!8i! - ~9 Hulbert Avenue. Peter
Dunwiddie read Ben's draft Order of Conditions, denying the
project. A motion was made to accept the denial. The motion was
carried with one opposing vote.
b. Arvids & R. Reinbergs - SE~8-~78 - 60 North Liberty St.
(amended). Glen Wills from Nantucket Surveyors was present as
agent for the applicant, who, through attorney Theodore
Tillotson, had orally requested an amended order. Ben stated
that he had consulted with several Commissioners and come up with
an amended order that Mr. Tillotson had agreed to over the phone.
He summarized the issue, explaining that the Commission had seen
no need for a waiver since the project was 51 feet away from the
resource area. However, because measurements by the applicant's
representatives show only i!2 feet from the wall of the house to
the upper wetland, they do not like the 50-foot setback as a
condition in the Order. A motion was made to issue an amended
Order of Conditions based on Ben's amendments, which remove the
condition but state that he measured 51 feet from the wetland
boundary to the proposed house. Ben also suggested the amended
Order be handled in the same way as the Yates - SEi!8-i!08 - file
was handled. The motion was carried.
c. Wauwinet House - SEl.t8-392. Jim Gay of the S/J Wauwinet Trust
was present to explain the project, which he hoped could be
accepted as a minor modification. He described the pro shop as a
modification to the original plans, saying that two kinds of
trees need to be cut down.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 2, 1988 Page 12
Peter Dunwiddie said that the ConCom cannot allow a new building
under the new regulations less than 50 feet away from a wetland,
and therefore would hesitate to approve one under the old Order
of Conditions. Ben McKelway pointed out that previous minor
modifications have been things such as decks and showers.
Donald Visco asked why the building was to be so big. Jim
answered by explaining some of the proposed functions of the
building such as refreshment and raquet restringing services. He
added that the structure was only temporary. Peter said that
these structures have a way of becoming permanent; he asked if a
path could be run through the trees instead of cutting down the
trees. Lee Dunn agreed with Peter and stated that the ConCom
could not approve the project. Donald stated that it was not a
minor modification. Mr. Gay said that the pro shop was to be
exclusively for Wauwinet House guests, not for people coming
through the gatehouse, and therefore needed to be situated in the
proposed location instead of close to the gatehouse parking lot.
It was decided that the proposed project was not a minor
modif ication and that the appl.icant needed to file an Abbreviated
Notice of Intent.
d. Old North Wharf Trust - SEi!8-i!89 - Old North Wharf. A motion
was made to issue a standard Order of Conditions. The motion was
carried.
~. Enforcement Orders
a. John & Vanna Nightingale - 13 Wauwinet Road. John Nightingale
was present. Bill Brown was present as the new attorney for the
applicants. He requested postponing the hearing for four weeks
to allow the engineer to draw up a plan and make a proposal.
Ken Gullickson, who was representing the Polpis Civic
Association, said that his clients were horrified by the action
which had taken place and wanted to see the entire area replanted
with trees of the same height and caliber. He also stated the
need for a stiff fine to be imposed by the ConCom on the
applicants. . He said the ConCom should be serious about enforcing
the protection of the resources.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 2, 1988 Page 13
Mr. Brown stated that his clients are willing to work together
with the board and said Mr. Gullickson's suggestions were out of
line. Peter Dunwiddie said that the suggestions were not out of
line.
Mr. Brown stated that since his clients are from out of state,
they are not familiar with Massachusetts laws. Peter said that
has never been a valid excuse.
Carl Borchert wanted to know when the tree-cutting had taken
place. Peter said in mid-April. Carl stated that it was a
serious problem. Mr. Brown said that his client realizes that it
is a serious problem and was willing to work with the ConCom.
Donald wanted to know if the trees were cut down for heating
purposes as opposed to improving the view. Mr. Brown said he
would have to ask his client. Mr. Nightingale responded that his
intent was to use the wood for heat and fuel and to give it away.
He added that his reason for missing the previous deadlines was
because he had not picked up his mail.
Carl asked who their engineer was. Mr. Nightingale answered Bob
Gray; he went on to say he had" no idea the area was a wetlands
and suggested that placing wetlands restrictions on deeds might
be a good idea. He added that he recognized his responsibility.
Donald said that the ConCom has no power to issue a $25,000 fine.
(Mr. Gullickson had called for the maximum fine, which would be
$25,000 for every day until the violation had been corrected.)
Ben responded that his impression was that the ConCom did have
that power. Peter asked if the engineer really need four weeks
to get here. Carl thought that the Commission should go along
with the proposed four week postponement one time and then issue
a fine. Donald said that there was no intent on the
Nightingale's part to violate the law and that the trees needed
trimming anyway. Peter objected, saying that those trees were
some of the oldest on the island.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 2, 1988 Page 1Y
Henry Wasierski made a motion to allow the applicants to postpone
the hearing until the July 7, 1988 meeting in order to receive a
plan from the engineer. Peter said he would like to see some
form of penalty for the violation if the revegetation plan is not
in hand on July 7. Carl amended the motion, stating if there was
no plan by July 7, then the ConCom would contact DEQE asking them
to help with the enforcement. Ben pointed out that the
applicants must file the replanting plan in the form of a Notice
of Intent ,which must be adv.ertised in advance. The motion was
amended again, requiring that the Notice of Intent be received by
the ConCom office by noon Monday, June 27. The motion was
carried.
b. Quentin Holmes? - Not discussed.
5. Certificates of Compliance
a. Wayne Mosher - SEi!8-238 - Cliff Road - Not discussed.
b. Wayne Mosher - SE~8-308 - Cliff Road - Not discussed.
c. Crow's Nest Assoc. - SE~8-~61 - 10 Crow's Nest Way - Not
discussed.
d. Crow's Nest Assoc. - SEi!8-~62 - 10 Crow's Nest Way - Not
discussed.
6. Correspondence - Not discussed.
7. Minutes of April 28, 1988 - Not discussed.
Minutes of May 12, 1988 - Not discussed.
9. Other Business
a. William Haddon - Eel Point Road - Not discussed.
b. Dias/Town of Nantucket - Surfside Road Pumping Station - Not
discussed.
c. Lee/Jarrett - Sachem Road - Not discussed.
d. Danielle DeEenedictus - SE~8-3i!0 - Not discussed.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 2, 1988 Page 15
e. H & S Holland - SE48-i!52 - 117 Madaket Road. Chris Maury was
present as agent for the applicants to explain the revegetation
plan and asked if it was the right approach. He added that the
vegetation had been brush cut, not dug up. Peter Dunwiddie
stated that part of the slope was bare earth though. Chris
requested a site visitation, saying the soil was stable. Some
photographs were submitted for the board to view.
Carl suggested letting it go for two weeks and looking at it
then. Ben McKelway said he felt the issue should not be let go
at that; Ben requested reseeding with the use of jute netting, as
required by the Commission in early March. He said only the
steepest portion of the bare slope had been replanted to date.
Chris thought that the jute netting would hamper the growth of
the natural vegetation. Peter said the netting would not
interfere. Chris said he needed Ben to come out to determine
where the netting should go.
Lee Dunn asked if there was still an Enforcement Order on the
property. Ben said there never was one.
Carl stated that the applicant had shown an effort to comply;
Chris agreed, saying he was making an effort and mentioned the
use of hydromulch. Henry pointed out the driveway problem.
Chris explained that it was a construction driveway.
Peter stated the matter would be placed on the agenda for the
June 23, 1988 meeting and some of the Commissioners would look at
it in the meantime. Mr. Maury was told to be at the June 23
meeting to discuss the replanting, and to bring photographs.
f. Harold Wheldon - SE48-284 - Baltimore Ave. Harold Wheldon and
Mike Bachman were present. Peter read a letter from the ConCom
to Harold Wheldon, dated May 18, 1988. Harold stated that he had
built a retaining wall behind his house and did not realize the
proximity to the wetland. Carl wanted to know what was there
before the retaining wall. Harold said that nothing was there.
Peter pointed out that digging was done in a coastal bank. Bill
Willet said that it was behind the house though. Peter asked
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 2, 1988 Page 16
what the dirt and gravel recently dumped near his house were to
be used for. Harold replied, for a mounded septic system
authorized by the Commission 3 years ago.
Mike Bachman stated that this whole issue was invalid because it
was neighborly dispute. Harold said the septic system is done
now, though it was finished shortly after the Order expired.
Carl said he remembered seeing the house being dug out and that
there was a coastal bank behind the house.
Henry wanted to know the height of the retaining wall at the
Moran end. Harold said it was l.t to 5 feet high. Bill Willet
said it was a special situation because the house was below the
coastal bank. Henry said he was concerned with a certain section
of the retaining wall--that it looked like the bank went down to
the existing wall. Harold stated that there was a septic pipe
sticking out i! feet so the bank could not have been that high.
Mike stated that Harold thought he was working within the
parameters of the Order of Conditions and thought he was far
enough away from the wetland. He added that Harold had improved
the situation there.
Carl said that there at least should have been a request filed
for the retaining wall as a minor modification. Harold said he
did not know it was a problem. Mike suggested that no further
work be done until a Certificate of Compliance is issued. Henry
said that a coastal bank cannot be dug out to build a retaining
wall.
There was some discussion on the Moran property next door to
Harold. As a result of the same inspection that led to the
letter to Harold, a letter was also sent to the Morans, telling
them not to cut any more trees or do any work of any kind on,
below, or near the coastal bank. Bill ackknowledged the need to
be consistent, but pointed out that Moran's house is not below
the coastal bank. Henry stated that the ConCom must be
consistent in what is considered a coastal bank, regardless of
where the house is.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of June 2, 1988 Page 17
A motion was made to wait for a Certificate of Compliance before
any more work is done, in accordance with Mike's suggestion. Lee
suggested Harold move as fast as possible. Carl asked Harold if
he was going to file for a Certificate of Compliance. Harold
said he would if it was necessary.
g. Comments, questions from the press and public - None.
10. Planning Board Referrals
a. Eger/Andlinger - Chase Lane Acres - Not discussed.
b. Richard Brooks - Brooks Farm - Not discussed.
12. Executive Session possible parcels for self-help grant
application - Not discussed.
ADDITIONAL BUSINESS
Re: S/J Wauwinet Trust - SE~8-392. Ben McKelway asked Jim Gay about
a catch basin that was installed but was not the kind called for
in the Order of Conditions. It was decided that Ben would look
into the matter and advise the Wauwinet House what to do.
There being no other business, the meeting adjourned at 10:55 PM.
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