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HomeMy WebLinkAbout1988-06-02 I r--.. .; 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 ) 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. r.......... . i 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. <I " '~ 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. "'\ 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. .'--, 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. -' ') 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 ,r-., . .~ 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 , -.... . , , 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. ::~....... 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. "~ l 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. ,~ I 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. "'-....- -...., . 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. ---. 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. !') 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. f --\ 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 \ \ \ 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. -, 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. ,