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HomeMy WebLinkAbout1988-06-16 If - '- Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 AGENDA FOR JUNE 16, 1988 A. PUBLIC HEARINGS 1. J. Seward Johnson, Jr. - SE~8-~83 - Almanac Pond Road 2. Perkins-LaFrance - SE~8-i!86 - 99 Eel Point Rd. 3. Shaun & Millicent Ruddy - SEi!8-i!92 - *8 West Chester St. B. REGULAR MEETING 1. Determinations a. David W. Perley - 113 Hummock Pond Road 3. Orders of Conditions a. J. & J. Cochran, et al - SEi!8-i!~2 - North Beach St. b. Patricia Norcross - SE~8-i!91 - Lot 2, Quidnet c. Frederick Moynihan - SE48-i!90 - 109 & 111 Baxter Rd. d. Charles LeMaitre - SEi!8-i!87 - 52 Tennessee Avenue e. Torpe/Cross - SE~8-~88 - 9 Wauwinet Road i!. Enforcement a. Quentin Holmes - Hummock Pond Rd. 5. Certificates of Compliance a. Wayne Mosher - SEi!8-238 - Cliff Road b. Wayne Mosher - SEi!8-308 - Cliff Road c. Crow's Nest Assoc. - SEi!8-i!61 - 10 Crow's Nest Way d. Crow's Nest Assoc. - SE~8-i!62 - 10 Crow's Nest Way 6. Correspondence 7. Minutes of April 28, 1988 Minutes of May 12, 1988 Minutes of June 2, 1988 8. Bills to be paid 9. Other Business a. William Haddon - Eel Point Road b. Dias/Town of Nantucket - Surfside Road Pumping Station c. Lee/Jarrett - Sachem Road d. Danielle DeBenedictus - SE48-3~0 - Quidnet e. Tom Nevers dirt pile f. Brant Point bulkhead work - requests for minor modifications of Greenleaf and Nash Orders. g. Cliffside Beach, Inc. h. Choose Planning Commission member i. Comments, questions from the public , --...., \ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 10. Planning Board Referrals a. Eger/Andlinger - Chase Lane Acres b. Richard Brooks - Brooks Farm 11. Field Inspections - Monday, June 20, i! p.m. at Foods a. Town of Nantucket - harbor dredging (review application) b. Bernard Bartlett - 28 N. Cambridge St. - RED c. Wayne Holmes - Madaket Road - RED d. Jill Leinbach et al - 52 Monomoy Road - RED e. Swift Rock Road - PBF f. Bruce Killen - Cliff Road g. Self-help land? 12. Executive Session - discussion of parcel for self-help grant application. . ,---...., Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 16, 1988 Page 1 MINUTES OF JUNE 16, 1988 The public hearings of June 16, 1988 were called to order at 7:32 PM. Members present were: Peter W. Dunwiddie - Chairman, William Willet - Treasurer, Henry Wasierski, Donald Visco, Granville Cranston, and Carl Borchert. Members absent were: Lee Dunn - Vice Chairman. Administrator present: Ben McKelway. A. PUBLIC HEARINGS 1. J. Seward Johnson, Jr. - SEi!8-i!83 - Almanac Pond Road. No agent was present for the applicant. Ben McKelway stated that there had been rumors that the application would be withdrawn. Henry Wasierski said that the ConCorn should get ahold of the applicant. Ben stated that he had left a message with the applicant's agent, Ann Van Arsdale. Carl Borchert suggested closing the hearing and denying the project. Peter Dunwiddie wanted to know if there would be a difference between a denial and a withdrawal. Donald Visco said if the project is withdrawn, the applicant would be able to refile. Peter suggested continuing the hearing. Ben pointed out that there were some problems with the project - that it is too close to the neighbors lot line and that a carriage house had been added to the plan. A motion was made to continue the hearing for more information. The motion was carried with two opposing votes. 2. Perkins-LaFrance - SE48-i!86 - 99 Eel Point Road. Tina Coughanour of IEP, and Melissa Philbrick of Vaughn, Dale and Philbrick were present as agents for the applicants. Tina submitted some information on soils and on additional field work which had been done. She stated that the project area contains three resource areas: Coastal Beach, Coastal Dune, Land Subject to Coastal Storm Flowage. The Land Subject to Coastal Storm Flowage was determined to have an eight-foot elevation. Tina added that there was also a dune-topped Coastal Bank and that the soil cores revealed upland soils 7-15 feet below the surface. ) Town of Nantucket Conservation Commission Town and County Building Nantucket. Massachusetts 02554 Minutes of June 16, 1988 Page 2 Tina explained the proposed project as the demolition of the existing house, and the construction of a new house on a bigger footprint, decreasing the width of the existing footprint, but increasing the depth. Tina said the septic system would be 100 feet away from the Coastal Dune. She added that the existing walkway over the dune would be improved by using pilings. Tina stated that the issue is where the Coastal Dune is. She went on to explain about the soil deposits - 11 soil cores were taken using a hand auger. Tina said that there were two areas of dune, including a Primary Dune which was 15-80% windblown sand, and that the vegetation was dominated by beach grass. She added that no work was proposed on the Dune. Tina stated that there was a transition zone with gentle slopes where the soils are not subject to erosion and the windblown sand measures 1-~ feet deep, with the thickest area behind the house. The flagging had been done in the foredune area and in the transition zone. Tina said that the existing scarp was greater than eight feet, so the 100-year flood does not come up so far and that it may act as a Coastal Bank underneath the Bank. Tina said that the project was unlikely to adversely impact the resource area. She then read from the regulations re Coastal Dunes. Tina said that the transition area is not subject to wave action and that Storm Damage and Flood Damage are not applicable. She added that the effect on the wildlife would be no worse than the existing structure, and that the MNHESP had no objections to the project. As for scenic views, Tina stated that the proposed structure would have a reduced width and that the height would be minimized. Tina contended that the proposed project was to be in the transitional area, not in the actual resource area. Carl Borchert asked if the new house was to be higher. Tina said yes. Peter Dunwiddie wanted to know the distance from the scarp to the existing structure. Ben McKelway said he measured 39 feet. Tina stated it was about 75 feet from the scarp to the deck and 90 feet to the house. Peter pointed out that if the structure was moved back 10 feet, then it would be outside of the . i --...., 1 Town of Nantucket Conservation Commission Town and County Building Nantucket. Massachusetts 02554 Minutes of June 16, 1988 Page 3 sensitive area. Tina said that the resource area is the Primary Dune and that construction would take place in this area, but the house should not impact the Dune. Peter asked if the sand was thicker behind the house. Tina answered that the dune moves further back, going to the west, and that a mound has collected by the house. Peter stated that the house clearly affects the Dune. Tina said she was not trying to say it doesn't. Carl stated that the transition area does not protect anything. Peter said that there is less deposition on either side. Tina said that the vegetation was stable and that there was less deposition on the sides and more in the back. She added that by constructing behind the Dune, it would not be changing the Dune. Peter asked if the applicants had considered rema~n~ng within the existing footprint. Melissa Philbrick replied that the applicants need a livable house; she added that although the existing house is not built on pilings, the applicants are willing to build the new house on pilings. Melissa said that if the ConCom were to require the. new house be set 10 feet further back, then the designer should take a look at it, adding that the applicants are willing to adhere to the a line to get away from the sensitive area. She stated that the applicants have the right to make changes to an existing structure. Melissa said the applicants were just as interested as anyone in protecting the Dune. Henry Wasierski asked what the square footage difference between the existing and proposed house was. Tina answered that the existing house is 1900 square feet, and the proposed house is to be 2965 square feet. Peter asked Tina what she thought DEQE would say about this project since to them it would look like a new structure on a Coastal Dune. Tina said she thought DEQE would require pilings for the house, but that the cases depend on site by site determinations. She also thought it was reasonable to define the area a "transition zone" and that DEQE will have to look at it as being behind the dune. Tina added that there were two important -.... Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 16, 1988 Page ~ points to consider: that most of the dune is above the 100-year flood elevation, and that since there is an existing structure, the new construction ought to be permissable. Henry pointed out that if work is to be done on a Coastal Dune, then only project accessories are admitted, such as sheds and parking areas. Tina stated that the work is to be done on the transition part of the dune, which is not a fragile area; she added that this project can meet the requirements of the regulations. Peter wanted to know what the local regulations state exactly. Tina read from the regulations, and said that the dune does not protect the interests of Flood Control and Storm Damage. Donald Visco said that Tina had done a good job by defining the area a "transition area." He added that the project is a substantial increase. Peter said that the applicants really have to be asking for a waiver. Melissa said that since there are no interests being protected, the ConCom should have the ability to make a specific decision; she added that obviously there was a need for a waiver to be granted. Peter asked what the current height of the house is and what the proposed height would be. Tina said the existing house is one story and the proposed house would be one and a half stories. Melissa stated that narrowing the footprint would be an improvement in terms of scenic views. Henry said he was concerned with the lateral movement of the dune. Granville Cranston suggested using pilings for the proposed house. Melissa said if that is one of the conditions then the applicants would do that. Carl wanted to know if the old cottage was already out. Tina said yes. Carl said some kind of lattice work would be needed. Donald said that the owners are not opposed to this. Tina said that they were unenthusiasic about it. Peter thought that if the ConCom allowed solid block, then DEQE would require pilings. Cranny wanted to know if the pilings would disturb the bank if they were too close. Donald saw no problem with the project, stating that the ConCom was mostly leaning toward approving it. (~ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 16, 1988 Page 5 Peter asked for some plans for the pilings. Carl suggested closing the hearing and approving the project contingent on receiving plans for the foundation and the elevated walkway. Carl added that the ConCorn could either do it this way or continue the hearing in order to consider the plans at the next meeting. Cranny said it should be done the quickest way possible. Melissa stated that Alan Lafrance was going to be away, so he would not be able to get the plans to the ConCorn. She was in favor of closing the hearing to get an Order of Conditions contingent on the plans. Peter pointed out that there would be a problem with this if the ConCorn did not like the plans. Peter said he would rather have the plans first, before closing the hearing. Carl said the plans will have to be stamped. Melissa asked if a description should accompany the plans. Peter asked about the snowfencing plans. Tina said they were the work limit. Peter said that there must be someting in writing stating the work limit will be the snowfencing, the building will be on pilings, and the elevated walkway. A motion was made to continue the hearing for the receipt of the foundation and elevated walkway plans. Melissa asked if this hearing would be on the agenda for the next week. The answer was yes. The motion was carried. 3. Shaun & Millicent Ruddy - SE48-i!92 - #8 West Chester St. Philip Miller of Starbuck Construction, Inc. was present as agents for the applicants. Mr. and Mrs. Ruddy were also present. Mr. Ruddy stated that the proposed project was a small deck. Peter Dunwiddie read from the Field Inspection report. Carl Borchert asked if there was a barn there. Mr. Ruddy replied that there is an existing barn. Carl also wanted to know where on West Chester St. the property was and if the applicants had purchased the property recently. Mr. Ruddy said they had been in possession of the property for 15 years. Peter asked if the applicants had filed with the ConCom to do the upgrading work. Mr. Ruddy said no. Henry Wasierski pointed out that this project is like the one on Hallowell Lane. Ben McKelway said that was the Beach Box Trust case. Peter stated that he was concerned because the proposed project was within 50 )(: '_i._,::;~;jl.:.~j.,~, ,-. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 16, 1988 Page 6 feet of a wetland. Mr. Ruddy said that it was not an issue. Peter said that was for the ConCom to decide. Henry said that the building is 26 feet away from the wetland. Donald Visco said that it does not make any difference as long as the building is on the same footprint. Mr. Ruddy said that the HDC had approved the project. Peter pointed out that the HDC and the ConCom are two separate bodies. Carl expressed his concern about protecting the swamp. Mr. Ruddy pointed out on the plan where the wetland was; he explained that there were cattails there and that there had always been something there. Carl asked if the deck could be built on any other side of the building. Peter wanted to know what the vegetation was between the proposed deck and the wetland. Mr. Ruddy said it was lawn. Peter asked if the lawn was mowed right up to the wetland. Mr. Rudddy answered yes. Donald asked when the barn was constructed. Mr. Ruddy said in December. Philip Miller stated that the permit was filed in 1986. Donald pointed out that the filing was made before the new regulations took effect. Mr. Miller stated that the building was removed. Peter said that it was a new building, not a reconstruction. Mr. Miller said the new building was placed exactly where the old building was. Peter pointed out that the ConCom would have liked to hear about the project. Donald said that there would have been no problem with the project - that it was perfectly legal - because it is in the same footprint as the old building. Ben stated that this was Donald's opinion, which was based on the Austin case in Bourne, MA. This case concerned the reconstruction of a bulkhead. Ben stated that he had talked to some people with the Bourne Conservation Commissison and ascertained that in the Austin case the judge said the applicant need not file with the ConCorn, but would still be libel if a wetland was found to be altered. Carl pointed out that the ConCom is not supposed to do the work of a judge; he added that the ConCom must allow a reconstruction, but the ConCom also wants to be asked about it and have the opportunity to put conditions on it. Donald stated that the law is silent on lawfully existing structures and that the precedent ?) Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 16, 1988 Page 8 pointed out that if there was no deck, the fertilizing, mowing and tracking of the land would be worse for the wetland. Peter suggested making that an argument in the letter; he added that the applicant could get a copy of the regulations from Ben. Mr. Miller stated that the applicants were not trying to side-step the Commission. A motion was made to continue the hearing for the receipt of a letter from the applicants, requesting a waiver be granted by the ConCom. The motion was carried with one opposing vote. Donald stated that this was foolishness and that the Commisssion was making a mountain out of a molehill. B. REGULAR MEETING 1. Requests for Determination a. David W. Perley - 113 Hummock Pond Road. Edward A. O'Brien III, who is interested in buying the property, was present. Mr. O'Brien asked if the board had determined whether or not the property is considered, wetlands. Peter Dunwiddie said it is very important to be consistent and that this was a very close situation; Peter said the lot is subject to the Act. Ben McKelway stated that all the information was in the Field Inspection report. Peter read from the report and the suppliment, adding "winterberry" to the description of the vegetation. Peter said the back half of the property, all the way to the ditch, was wetland; he added that it was very difficult to draw the line of 50% coverage and that it is not the ConCom's position to do so. Peter recommended that the applicant determine where the line is to be drawn. Peter stated again the importance of consistency, adding that he would rather err on the side that would require the applicant to file an NOl. Mr. O'Brien said he was concerned about the 50-foot setback; he asked if he would need to apply for a waiver. Peter stated that the ConCom could not render a decision on that question at the present time. Mr. O'Brien asked about the flagging process and getting in touch with the owner of the property. Ben pointed out that the ConCom has only 21 days after a Request for 1'. ----. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 16, 1988 Page 9 Determination is filed to make a Determination. There was a discussion about whether or not to extend the Determination; Ted Tillotson said that if the applicant is willing to waive the 21-day deadline, then there is no one else to complain about an extension. Henry Wasierski said the wetland is 90-95 feet from the road. Carl Borchert asked whether the whole lot is subject to the Act. Henry said yes. Carl suggested making a positive Determination, stating the whole lot is subject to the Act. Mr. O'Brien requested that the ConCom issue a statement, stating that the land is wet. Donald stated that the ConCom does not know if the proposed project will alter the wetland. A motion was made to issue a positive Determination, stating that the area, which includes all/part of the area described in your 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. Orders of Conditions a. J. & J. Cochran, et al - SE~8-~~2 - North Beach St. Ted Tillotson was present as attorney for the applicants. Ted handed out copies of the IEP report and stated that he never received notice that the ConCom meeting had been postponed to June 2, 1988, due to Town Meeting; therefore he and John Shugrue were not present at that meeting. Peter pointed out that the report was received June 6, 1988. Ted said that was when the mailed copy arrived from IEP. Carl Borchert asked if a notice of the rescheduled meeting had been posted and advertised in the Inquirer and Mirror. Ben said yes, both had been done. Ted said that the IEP report had been waiting for the ConCom, but the hearing was closed despite this. He requested that the ConCom readvertise and reopen the hearing, since the ConCom has waited seven months. He added that according to DEQE, the hearing should be readvertised to avoid problems with the open meeting law. ~ Town of Nantucket Conservation Commission Town and County Building Nantucket. Massachusetts 02554 Minutes of June 16, 1988 Page 10 Peter Dunwiddie stated that, according to the new IEP report, the available flood storage volume is slightly less than what state law requires for the area to be classified as Isolated Land Subject to Flooding, which is 200 acre-feet. Ted said yes, stating that he was not here when Mickey Marcus was discussing this. He added that the delay was not the fault of the applicants, rather it was due to the agents for the applicants. Ted asked the ConCom's indulgence to reopen and accept the project. Melissa Philbrick stated that she had a client who is an abutter to this property and is very concerned with the issues. She said the filing was made before in an effort to forestall the new regulations. Melissa suggested closing the hearing for a lack of information and making the applicants file a new NOI. Peter pointed out that it had taken IEP six months to submit only a copy of the town map and a total of ten pencilled numbers. Ted stated that he had no control over a professional firm. There was a discussion about why the letter from IEP was not considered at the June 2, 1988 meeting when it had been stamped June 2, 1988. Ben said that the letter was delivered by Mr. Tillotson the day after the meeting and he could only speculate that he had forgotten to roll the stamp forward to June 3, when it arrived. Peter characterized this discussion as foolish games. Ted reiterated his request to reopen the public hearing. Donald Visco stated that it made no difference whether it was reopened or filed as a new NOI - in both cases the hearing would have to be readvertised. Peter said there was a difference in terms of whether the project is subject to the old or the new regulations. Donald said the ConCom should make an effort to be courteous to the applicants because of the confusion caused by postponing the meeting due to the Town meeting dragging on. Donald said he saw no problem with reopening the hearing. Granville Cranston said he agreed. /.--- I Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 16, 1988 Page 11 A motion was made to reopen the hearing. It was decided that the applicant should submit a check for $30 to the ConCom in order to advertise the reopening in time for the July 7, 1988 meeting. Peter suggested that the staff keep more meticulous office records in the future. The motion was carried. b. Patricia Norcross - SE48-491 - Lot 2, Quidnet. Henry Wasierski abstained. A motion was made to issue a standard Order of Conditions to include the following Special Conditions: 1. Whether the two cottages are burned, demolished, or moved, all work shall be done between September 15 and December 15, and all debris shall be removed from the site. 2. If the cottages are burned, a fence of chicken wire 4 feet high with l-inch mesh shall be installed from the beach next to one cottage through the pond to the beach at the far side of the other cottage, to catch debris. 3. If the cottages are moved or demolished, a siltation fence or snowfence shall be installed to catch all debris. The motion was carried. c. Frederick Moynihan - SEi!8-490 - 109 & 111 Baxter Rd. Carl Borchert requested that the no coastal revetments clause be added as a Special Condition. There was unanimous consent. A motion was made to issue a standard Order of Conditions to include the following Special Condition: 1. Section 30 (3) of the Wetlands Regulations, promulgated under G.L. c 131, s. i!0, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall, shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. The motion was carried. I --.... \ I Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 16, 1988 Page 12 d. Charles LeMaitre - SEi!8-487 - 52 Tennessee Avenue. Ben McKelway stated that this was the ConCorn's first waiver. Peter Dunwiddie read the Ben's draft waiver. Carl Borchert said the waiver should state somewhere at the top that the structure is a lawfully existing building. A motion was made to issue a standard Order of Conditions with the amended waiver added, stating: **NOTE: Noting that the house is a lawfully existing structure. the Commission hereby grants the applicant a waiver from Section 2.06 (B) (5) of the Wetlands Protection Regulations of the Town of Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136). Section 2.06 (B) (5) requires the leach facility of a septic system to be at least 100 feet from a salt marsh. However, given the boundaries of the applicant's property, the Commission determines that compliance with that provision would be hazardous to nearby wells. To deny the application would restrict the use of the property so as to constitute a taking without compensation. Therefore, a waiver is granted under the authority of Section 1.03 (F) (b) of the' Wetlands Protection Regulations of the Town of Nantucket. The motion was carried. e. Torpe/Cross - SEi!8-i!88 - 9 Wauwinet Road. A motion was made to issue a standard Order of Conditions. The motion was carried. 3. Enforcement Orders a. Quentin Holmes - Hummock Pond Road. Ben McKelway explained that eleven years ago, Mr. Holmes put fill in a wetland and the ConCorn ordered him to remove it, but he has not yet done so. Ben recommended issuing an Enforcement Order. Peter Dunwiddie stated that the site is yet to be revegetated. Henry Wasierski asked if the whole lot was unbuildable. Peter said yes, it is a swamp. Carl Borchert said there was water at six inches down. Henry asked if there was any high land. Granville Cranston said no. Donald Visco stated that there was no such word as unbuildable. :') Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 16, 1988 Page 13 Peter read the letter dated November 6, 1978 from Benjamin S. Richmond, instructing Mr. Holmes to remove the soil and restore the wetland to the condition existing there before the soil was placed there. Bill Willet suggested sending Mr. Holmes a copy of that letter. A motion was made to resubmit a copy of the letter to Mr. Holmes and to DEQE. The motion was carried. 4. Certificates of Compliance a. Wayne Mosher - SEi!8-238 - Cliff Road. A motion was made to issue a Certificate of Compliance. The motion was carried. b. Wayne Mosher - SE48-308 - Cliff Road. A motion was made to issue a Certificate of Compliance. The motion was carried. c. Crow's Nest Assoc. - SE48-461 - 10 Crow's Nest Way. A motion was made to issue a Certificate of Compliance. The motion was carried. d. Crow's Nest Assoc. - SEi!8-462 - 10 Crow's Nest Way. Steve Lindsay, Trustee, was present.. Mr. Lindsay stated that he had told the ConCom he was planning to brushcut the area for a lawn, but he was not able to locate his statement in the Minutes of January 7, 1988. Mr. Lindsay added that he was willing to look it up in the audio file. Peter Dunwiddie stated that the ConCom normally does not allow this type of project - the eradication of the buffer zone. Carl Borchert said that his impression was that the brush was going to stay where it was. Henry Wasierski said he agreed. Peter read from the Order of Conditions. Mr. Lindsay stated that the perL~eter of planting was to be at the edge of the brush cutting , and the area that had been brushcut was not to be replanted. He pointed out the area to the Commission on a plan. Peter wanted to know what had been brushcut and where the planting had taken place. Peter added that the plantings would disappear in the brush and that this did not make sense. Ben said the Notice of Intent had said brushcutting was necessary in order to pull some junk metal out. !-:---.. , , Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 16, 1988 Page 1~ Carl said he thought the whole area was to be replanted. Peter stated that it was not the ConCorn's procedure to allow brush cutting for a lawn. Mr. Lindsay asked the Commission what he should do. Peter wanted to know if the applicant was willing to grow back the native shrubs; he suggested witholding the Certificate of Compliance and requiring more planting. Henry said that maybe the rest of the Commisssion should go out and take a look at the area. Henry asked if the brush was 20 feet away from the dwelling. Mr. Lindsay said it was 15-20 feet. Bill Willet stated that if the border was brought in ~ to 5 feet then it would be O.K. Carl said he wanted to withold the Certificate of Compliance for a Field Inspection. Bill said the brush would fill in. Mr. Lindsay said he would replant some of the area and then the Commission could take a look it. Donald Visco pointed out that the applicant needs to know what kind of plants he should revegetate with. Carl suggested that the plants be brought in to eight feet from the buildings. Granville Cranston stated that. this did not leave enough room for walking around the building. Mr. Lindsay said he would be happy to replant and requested that the ConCorn look at the area on the day of the Field Inspections scheduled for June 20, 1988. A motion was made to withhold the issuance of a Certificate of Compliance to allow the applicant to revegetate. The motion was carried. 5. Correspondence Carl Borchert asked the staff to write a summary sentence about all the correspondence to send along with the Minutes, so the Commissioners will be better prepared to deal with the correspondence at the meetings. All correspondence was read and accepted. 6. Minutes of April 28, 1988. A motion was made to accept the Minutes as written. The motion was carried. -- .--.... . \ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 16, 1988 Page 15 Minutes of May 12, 1988. A motion was made to accept the Minutes as written. The motion was carried. Minutes of June 2, 1988. A motion was made to accept the Minutes with corrections as noted. The motion was carried. 8. Other Business a. William Haddon - Eel Point Road. Peter Dunwiddie read from the Field Inspection report. Peter said it had been clear to Lee Dunn and himself, when they were on a Field Inspection for Griffen-Zodda, that it was a brand-new brushcutting job. Peter asked Glen Wills if he knew anything about it. Glen said that he pleaded ignorance. Peter said that Mr. Haddon claimed it had been there for years. Henry Wasierski said that the ConCom should really get on these brushcutters and tell them about the wetlands. Carl Borchert thought that an Enforcement Order was needed. Peter said that there was no photographic evidence or plans of the area and that the Commission would have to go on the word of himself and Lee Dunn. Donald Visco asked if the brushcutting went on to other people's property. Peter replied that he thought so, and that Mr. Haddon had never filed an NOI for the driveway'. Peter asked if another Field Inspection was necessary. Ben said that Cranny, Bill and Henry had already looked at it. Donald asked if the driveway was the only access to the property. Cranny said Mr. Haddon filled it with mulch and covered it with sand or gravel; he added that Mr. Haddon used a cleared space off to the side of the driveway for raising pheasants. Ben stated that there must have been another road then. Cranny stated that the ConCom should take another look at the area. Peter said this was as blatant a violation as any. Henry wanted to know how wide the path was. Peter said it was close to 13 feet. Henry asked Ben to call the Haddon's to notify them the ConCom would be coming out again to look at the property. b. Dias/Town of Nantucket - Surfside Road Pumping Station. Peter read from the Field Inspection report, and made a correction, \ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 16, 1988 Page 16 changing "into the wetland" to "toward the wetland." Ben was asked to send a letter to the Dias family, instructing them not to do any more filling. c. Lee/Jarrett - Sachem Road. Jo Godwin, caretaker of the property, was present. Ben McKelway said that the problem was that the left side had been entirely brushcut to the ditch. Ms. Godwin submitted some photographs, saying that a bush had been destroyed by a truck when the contractor came in to assess the property and dig a foundation. Ben said the concern was the whole area, not a single plant. Peter asked if the area was filled or brushcut. Ben replied that the side yard was brush cut and the front yard was apparently filled. Ms. Godwin said that the driveway was taken down two feet, near the wetland. She stated that she was told to get touch with the ConCom and added that Peter's guidelines were followed. Ms. Godwin said that Nantucket Loam was brought in to refill the area. Peter asked why the area was brushcut. Ms. Godwin said it is now a lawn. Peter said he did not recall the fill; he added that it had obviously been raised to make a dry lawn. Ms. Godwin said she was not there at the time and stated the owners would be more than willing to replant. Ben said the grass was planted recently. Peter said the wetland has changed into a lawn. Carl suggested that an NOI should be filed. It was decided to add this to the Field Inspections to take place on Monday, June 20, 1988, between l.t:00 and 7:00 PM. Ms. Godwin said she would be there. d. Danielle DeBenedictus - SEi!8-3i!0 - Quidnet. Granville Cranston said he noticed a foul oder coming from the septic tank during a Field Inspection for Patricia Norcross. He said that the septic ~ had completely flooded sewage, above to below the bank. Henry Wasierski said it was a problem with the ejector pump. Peter said that the lift pump may go under water. Cranny pointed out that it was under water. Carl Borchert suggested calling this situation to the attention of the Health Inspector. Donald Visco stated that there should be an as-built plan in Richard Ray's office. Peter said that the ConCorn should pass this on to Richard Ray with an official letter. -...... .. \ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 16, 1988 Page 1T Henry asked if the ConCom could rescind the Certificate of Compliance. Carl suggested writing a letter to the owner of the property, stating it was noticed that the septic system is failing and is in violation of the Order of Conditions. Donald pointed out that once a Certificate of Compliance is issued, then there is no more Order of Conditions. Peter said the ConCom should issue an Enforcement Order if the ConCom wants to deal with it. Carl stated that a copy of the ConCom's letter to Richard Ray should be sent to the owner. Henry said that it should have been brought to the attention of the ConCom if there were any problems with the septic system. He added that the system should have been repaired prior to the completion of the house. Henry stated that what is in the plan is not what is in the ground. Donald said that as long as the septic system conforms to the distance and setback requirements, then changes can be made. Peter said if there was significant negative impact on the resource area, then it would be within the jurisdiction of the ConCom to issue an Enforcement Order. Ben was asked to send a letter to the Health Inspector, bringing his attention to this matter. Ben was also instructed to send a letter to the owner of the property, requiring the repair of the septic system. e. Tom Nevers dirt pile. Ted Tillotson stated he could speak to this case. Henry Wasierski explained that there had been some excavation work done, leaving a sand pile which was filling a depression. Henry added that it was washing a 3 foot wide channel into the bank. Granville Cranston asked where it was. Henry said it was near the VFW building. Carl Borchert asked if the sand pile caused the wash out. Peter Dunwiddie read the letter from Robert H. Sarvis, dated June 16, 1988, stating that the pile will be moved within the next two weeks. Henry said that the footpath has been gouged out into a definite gulley. Ted said that the pile will be used for back fill. Donald said that it should be graded so that water does not run over the bank; he pointed out that everyone will walk over it. Ben was asked to send Mr. Sarvis a letter, instructing that the pile be graded so that the water runs the other way, away from the bank. r~ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 16, 1988 Page 1~ f. Brant Point bulkhead work - requests for minor modifications of Greenleaf and Nash Orders. Ben McKelway stated that Mr. Forns and Mr. Bolling were asking for minor modifications to the Greenleaf and Nash Orders of Conditions. Ben described the area between the Greenleaf and Nash properties as washed out at the end of the bulkhead return, which is on Mr. Gurley's right of way. Ben said that Mr. Forns wants to fill the eroded area with stones, fabric and sand. Ben added that the erosion is not so bad on the other end of the property, near Mr. Greenleaf's property. Mr. Gurley stated that that was due to the longer length of the bulkhead return there. Peter Dunwiddie stated that the proposed project was not a minor modification. Henry Wasierski asked how large the area is. Ben said it was about 10 feet by 10 feet. Peter said it was 9 feet by 12 feet. Mr. Gurley said that it was his right of way that was being affected; he stated that something must be done because the problem keeps getting worse. Mr. Gurley added that Mr. Bolling does not want anyone going over the dune, but Mr. Nash's guests keep walking over it. Carl Borchert a wanted to know if the project could be a minor modification since the area is so small. Peter stated that the Order of Conditions is clear; he read from the Order which stated that sand was to be poured in. Mr. Gurley said that the beach has receded 10 feet since then. Donald said that if all the houses in the area had a bulkhead, then there would not be a problem. Mr. Gurley asked if the bulkhead could be extended back. Donald said if the ConCom sticks to the Order of Conditions, then sand replenishment is the only allowable method. Donald added that rip-rap is the only thing that would work. Carl stated that the ConCorn seemed to be coming to the conclusion that the proposed project would not be a minor modification. Carl added that the applicant was welcome to file a new NO! for the project, or continue filling with sand. Ben pointed out that the Order of Conditions did not specify what was to be done at the bulkhead return near Mr. Greenleaf's property; he asked if using sand to fill the area would apply there as well. Carl said yes. ," .-....~" Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 16, 1988 Page I~ g. Cliffside Beach, Inc. Ben McKelway stated that the applicants were requesting a new Order of Conditions because their old one had expired and the work has yet to be completed. Ben added that the new plan was slightly different. Robert Currie explained that the work was half way done; he presented the plans to the Commission. Mr. Currie described the changes: there were to be only six units instead of nine, and the buildings will be broken into distinct units. Mr. Currie described this as a minor modification and said he had taken this to the Planning Board already. Peter Dunwiddie asked if a line on the plan was a siltation fence. Mr. Currie said no, it was rosaragosa which was planted in with the snowfence. Ben stated that this project was a phased development and for this reason, the applicants were hoping that the Order of Conditions would still be in effect six years later. Mr. Currie stated that he had not renewed the Order. Henry Wasierski asked when the Order expired. Ben said in 1983. Mr. Currie said the work has to be done in phases, so it can not be done quickly. Peter suggested asking DEQE about this case. Mr. Currie said the Order of Conditions should be a standard Order except for the rosa rugosa. It was decided that DEQE should be contacted for their advice. h. Choose Planning Commission member. It was decided that this could wait until after July 1, 1988. i. Comments, questions from the press and public - None. 9. Planning Board Referrals a. Eger/Andlinger - Chase Lane Acres. Peter Dunwiddie read the Field Inspection report. Peter stated that the whole parcel was in a rare species area. Carl Borchert said the planned driveway looked like it was only 10 feet away from a pond. Carl added that part or all of each lot in the subdivision is subject to the Wetlands Protection Act. The Planning board will be notified accordingly. , ----- \ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of June 16, 1988 Page ~ b. Richard Brooks - Brooks Farm. Ben McKelway said that this was no problem. Carl Borchert stated that the project was right next to West Chester Street and it was a problem. Bill Willet said that there was a wetland down further along West Chester St., which is not that close. Henry Wasierski said he was told the wettest part was not on this lot. Carl stated that there was a wetland toward Brooks Farm. Peter Dunwiddie said that a plan was needed. Carl suggested the ConCom look at the town TOPO maps. It was decided that another Field Inspection was needed. 12. Executive Session - see Minutes in separate file with this date. There being no other business, the meeting was adjourned at 10:~O PM.