HomeMy WebLinkAbout1988-07-07
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Town
Conservation
of Nantucket
Commission
Town and County Building
Nantucket, Massachusetts 02554
AGENDA FOR JULY 7, 1988
A. PUBLIC HEARINGS
1. Town of Nantucket - Nantucket Harbor entrance dredging
2. J. & V. Nightingale - 13 Wauwinet Road.
3. J. & J. Cochran, et al - SE~8-~~2 - 5~ & 56 N. Beach St.
4. J. Seward Johnson, Jr. - SE48-483 - Almanac Pond Road
5. Perkins-LaFrance - SE~8-486 - 99 Eel Point Rd.
6. Shaun & Millicent Ruddy - SE48-i!92 - 8 West Chester St.
7. S/J Wauwinet Trust - SE48-495 - Wauwinet Road
8. Herbert C. Cabral - SEi!8-496 - 64 Miacomet Ave.
B. REGULAR MEETING
1. Requests for Determination
a. Wayne Holmes - Madaket Road
b. Old North Wharf Trust - Old North Wharf
2. Orders of Conditions
3. Extension Permits
a. Paul DuJardin - SEi!8-301 - 109 Eel Point Road
i!. Certificates of Compliance
a. John W. Bartlett - SE~8-459 - 283 Hummock Pond Rd.
b. Robert & Ruth Klausmeyer - SE48-i!03 - 15 Crow's Nest Way
5. Other Business
a. Raymond Giguere - 9 Columbus Avenue
b. Choose Planning Commission member
c. Elect new ConCom officers
d. North Bluff - Siasconset (Sandy Whitehead)
e. Robert Elliott - SE48-412 - Elliott's Way
f. Gary Winn - SE48-383 - Eel Point Road
g. S/J Wauwinet Trust - SEi!8-482 - restoration plan
h. Steven Scannel - Sesachacha Pond
i. Addend~~ to Open Space Plan
j. Comments, questions from press and public
6. Planning Board Referrals
a. Sankaty Realty Trust - off Burnell St.
7. Correspondence
8. Minutes of June 16, 1988
Minutes of June 23, 1988
9. Bills to be paid
10. Field Inspections - set date
a. Paul DuJardin - SE48-301 - 109 Eel Point Road
b. John W. Bartlett - SE48-i!59 - 283 Hummock Pond Rd.
c. Robert & Ruth Klausmeyer - SEl.t8-~03 - 15 Crow's Nest Way
11. Executive Session - possible land acquisition.
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Town of
Conservation
Nantucket
Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page 1
MINUTES OF JULY 7, 1988
The public hearings of July 7, 1988 were called to order at 7:32 PM.
Members present were: Peter 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. PUBIC HEARINGS
1. Town of Nantucket - Nantucket Harbor entrance dredging. George
Rezendes, the Marine Department Superintendant, was present. Ray
Francisco of the Army Corps of Engineers was also present. Peter
Dunwiddie read a letter from Peter Nash to Ray Francisco, dated
July 1, 1988.
Consulting the Minutes of June 23, 1988 for the list of questions
the ConCom wanted to ask the Corps, Peter asked Ray if the
dredging could be done on an outgoing tide. Ray responded that
it would cost twice as much and take twice as long. He stated
that he was confident that the dredge material will settle down
and that the plume around it would be minimal. Ray submitted
photos of the dredging boat and a sample of the sand to be
dredged.
Peter asked if the dredging could be done further off-shore. Ray
said the problem was that if the Corps were to start allover
again with what was planned, it would take a year. He added that
the Corps is in the dredging business, not in the business of
doing harm. Ray stated he would not want to do it in the summer,
and that fall was the right time. Bill Willet asked if any move
at all would constitute one year's wait. Ray said yes.
Peter asked what the depth of the fill was. Ray said it would be
spread out as evenly as possible. Carl Borchert asked if the.
cross-current would drag the sand back in the channel. Ray said
that would not happen; he added it might only be a very little.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page 2
Peter asked if the sand could be partially deposited on Hulbert
Avenue. Ray said permission was needed from the residents and in
his opinion, the sand would wash right back in if deposited
there. Ray added that the dredging was not taking place in front
of Hulbert Avenue, so no further erosion would be caused.
Carl asked if there was a shoal off of Brant Point. Ray pointed
out on the map where the shoal was and where the majority of the
material to be dredged was. Ray said the survey crews will be
out there before the dredge arrives.
Donald Visco asked to be shown on the map where the disposal site
was; Ray said it was east of the east jetty and pointed this out
on the map. Donald stated he had no problem with the project,
especially after seeing the sand sample.
Peter asked if there would be a problem with putting it off until
spring. Ray said the dredge the Corps plans to use is a neat
little one, and if the project is put off then he would not know
what kind of dredge will be available. Granville Cranston stated
that the project should be done as soon as possible.
Alan Holdgate, chairman of the Shellfish Advisory Board, stated
that the disposal area will not harm the shellfish.
Jim Gross asked Ray to show where the dredging is going to take
place. Ray showed him. Peter said it looked as if the material
will be dumped upstream. Ray stated that the primary drift is
from west to east.
Steve Scannel stated he was for the project as is. He said he
would like to see the sand bar built up to protect the eel grass
beds. Steve added that the fear was the sedimentation which
would occur, but he felt the plan is the least dangerous with the
kind of dredge which is to be used.
Ken Kelley asked what depth the dredge draws. Ray said 7 feet.
Ken asked if the sediment would contribute to the build-up on
Coatue. Ray said yes, probably. Alan Holdgate pointed out that
there was not a tremendous amount of material involved. Ray said
the sediment would be fractions of an inch.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page 3
Jim asked what kind of dredge will be used. Ray replied a Hopper
dredge; he explained that it is similar to a hydrolic dredge but
it is self-contained. He added that it would spread the material
out evenly. Jim expressed his concern about the disturbance it
might cause to the scallops in the horseshed, saying that the
silt and debris will corne back in the horseshed on an incoming
tide. Jim thought the disposal site should be one half mile
further out. Ray stated that he had learned a lot about the area
from studying it and he felt that the proposed disposal site was
the best place. Jim also thought the dredging should be done in
March or April to protect the spawning scallops. Ray said the
plan was to do it in the fall; he added that he was confident the
sand would not come back into the channel.
Donald asked Ray how many years he had worked for the Army Corps
of Engineers and how much experience he had with dredging. Ray
said he had worked for the Corps for 16 years and his experience
was all with dredging. Donald stated that Ray was the only one
who knew what he was talking about regarding dredging. Donald
felt that the job was necessary and should not be questioned.
Donald said the dredging would not effect the livlihood of many
individuals.
Henry Wasierski pointed out that he was under the impression that
fishing boats dredge up more material than the dredge will.
Ken said that the project is being questioned because it is to
take place immediately after the scallop spawning, when the
scallops are most sensitive. Ken stated that when the water
temperature is colder, the metabolic rate of the scallops is
slower and they are not as susceptible to disturbance. Ray said
that this question had been brought up in the Corps's office, and
he felt that after mid-August it would be OK. He added that the
job of the Corps is to maintain the channel, not to damage the
scallops.
A motion was made to continue the hearing for a DEQE file number.
The motion was carried.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page ~
2. J. & V. Nightingale - 13 Wauwinet Road. Bill Brown was present
as attorney for the applicant. Mario DiGregorio of Sabatia was
also present. Bill submitted Appendix 1 which was a floral
inventory and a plan with markings where the tree cutting had
occured.
Mario stated the tree removal action was disheartening and
environmental damage of the utmost degree had occured. Mario
said that on June 18, 1988 he had delineated the area to
ascertain how many trees were eliminated in the wetland and in
the buffer zone. He showed on the plan the circles that
indicated where the larger trees had been. He said that Appendix
2 was an inventory of the stumps, admitting he may have missed
one or two small sassafrass trees. Mario stated that the area
had been difficult to look over in complete detail.
Mario said that there were three species of trees destroyed: red
maple and tupelo in the wetland, and sassafrass in the buffer
zone. He said that this nature cannot be recreated and the loss
is realized. Mario stated that there are two options to restore
the vegetation. Option A is to bring in the largest available
stock (2-2 and one half inch DBH stock), which would be 250 lbs
per tree with heights of 15-20 feet. He stated that there are
two problems with this option: (1) heavy equipment and an access
ramp would be needed, along with large excavation for the roots,
and (2) the root ball success rate is quite low because the trees
are grown in a dry loam, unlike the wet natural environment. The
advantage to this option is the restoration would be acheived
sooner.
Mario explained Option B as utilizing smaller stock (1 and one
half sterns to every 1 lost); with this method, there would be a
minimum of further insult to the wetland, but no decent canopy
for many years. Mario said there would be a performance bond to
insure any stock that does not take within two growing seasons.
Mario stated that Option B was preferable, but he pointed out
that the stock is difficult to get; for example, he knew of no
cormnercial supplier who sells sassafrass. He suggested
substituting the sassafrass with black cherry.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page 5
Donald Visco asked how much the revegetation would cost. Mario
said one tree - a red maple - would be about $200. Bill Brown
said it would cost $~-5,000 total for the procural of the trees,
not including the labor. Donald stated that the bond should be
high.
Peter Dunwiddie asked what percentage of the stumps were
resprouting. Mario said about 75% were vigorously sprouting.
Carl Borchert wanted to know if a tree would come up if
everything but one sucker were trimmed. Mario said not for many
decades and even then it is not certain; he added that the shrub
layer should be left alone. Mario mentioned his concern for the
restoration of the wildlife habitat and stated that he recommends
replanting. Carl asked if the replanting would be in the fall.
.Mario said yes, between mid-September and mid-October. Peter
wanted to make certain that no alteration of what is there now
would occur. Mario assured him that the project would be under
the guidance of a professional landscape architect; he added that
there was a gentle slope into the flowing stream, and no
sedimentation should enter it. Peter stated that he would like
to look at the site again. Carl expressed his concern about the
difficulty of obtaining the trees.
Peter said that Option A was not attractive. Bill Willet asked
how large the small trees are and if they could be put in by
hand. Mario said they are 10-15 feet and that he thought they
could be put in by hand. Peter recommended substituting red
maple or tupelo instead of black cherry for the sassafrass.
Henry Wasierski stated that Option B was the only choice. Peter
said the ConCorn's informal consensus was Option B.
Bill Brown asked if the ConCom would impose a performance bond.
Carl said yes and suggested something on the order of $10,000.
Bill said that may be a little low. Carl wanted the applicants
to corne back with specific prices. Mario stated he would start
with looking at prices for trees one to one and one half DBH.
Carl said since i!5 trees had been destroyed, then there would be
a total of 67 trees. Mario requested a continuance. Carl said
the ConCorn would need the supplier's names and specific prices.
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Town of Nantucket
Conservation Commission'
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page 6
A motion was made to continue the hearing for more information
until the August i!, 1988 meeting. The motion was carried.
3. J. & J. Cochran, et al - SEi!8-~~2 - 5~ & 56 N. Beach St. Ted
Tillotson was present as attorney for the applicant. John
Shugrue was present as agent for the applicant. Peter Dunwiddie
read a letter from James Waterman dated July 6, 1988, expressing
concern on behalf of his client, Wallace Yaffe, about the limited
topographic information compiled on this area. Ted said he was
angry about this letter, because it was obviously submitted this
late in order to delay the hearing another two weeks. Ted
requested that the ConCorn read the letter from James Freeman
dated June 2, 1988. Peter read the letter which stated that the
area does not qualify as Isolated Land Subject to Flooding. In
response to Mr. Waterman's letter, Ted stated that the area in
question has itself become the wetland since abutting properties
have filled in around it, so there is no question of spillover to
surrounding lowlands. Ted also stated that the topographic
information was done by IEP and is sufficient.
Peter said the elevations were higher on one drawing which worked
to the applicant's advantage. Peter also pointed out that the
area in question is not the lowest point, since the road is lower
than the property. Donald asked when the topographic information
was gathered. John Shugrue replied last winter.
Melissa Philbrick was present representing Wallace Jaffe; she
stated that she objected to Ted's implication of her client's
motives. Melissa added that after all this time, the abutters
should have time to respond. Melissa said that the ISLF
calculations were based on four different shots and this data is
too limited to make a decision. She stated that Mr. Jaffe does
not object to the project, he just does not want any flooding on
his property. Carl Borchert wanted Melissa to supply some
information on Beals and Thomas, Inc.
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Donald Visco asked if this application had been submitted to the
Planning Board yet. John said no. Melissa pointed out that it
should have been submitted there first or concurrently with the
ConCom.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page 7
Peter asked John if the calculations were subject to change.
John said yes, and that some more shots were needed. Donald
asked what the site was like. John said it was pretty dry. Ted
said that rain is taken in by the property; he wanted to know if
after 6 months, more vegetation should be cut out in order to get
more shots. Ted expressed his concern that the ConCom was
biased, and pointed out that he had no knowledge of the June 2,
1988 meeting. Melissa said that she had known of the meeting.
Tina Coughanowr of IEP was present; she stated that the site is
heavily vegetated and the area is flat, so it was difficult to
get the data. She thought it would be possible to arrive at a
different data number. Peter said that the problem was that only
a slightly higher number would make a tremendous difference. Ted
said that there should be a presumption that the work of a civil
engineer is correct; he added that the ConCom's prevailing
assumption seemed to be that the engineer is juggling the data.
Carl said that is not what was said by the ConCom; he also
pointed out that there are no engineer's seals on the plans. Ted
said he would have James Freeman submit his seal and number. Ted
pointed out that Mr. Waterman did not even purport to be an
engineer in his letter. Ted asked if anything else was needed
from the applicant. Carl said more data points about
clearcutting were needed, along with the location of the brushcut
path and an engineer's stamp on the plans.
Donald stated that this area was the last piece of undeveloped
land on North Beach Street; he thought the ConCom should not
prolong the agony, rather make a decision. He added that the
abutters have a recourse by going through the appeals process.
Carl said that was assuming the ConCom would approve the project;
he said that the applicants have the same recourse in case of a
denial. Donald said since the area is not a pristine wilderness,
perspective was needed. Donald added that the ConCom has a bad
policy of letting cases drag on too long, and some policy changes
must be made. Peter said the question was if the ConCom had
sufficient information to make a decision. Donald thought there
was.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page 8
Melissa asked if there was a problem with doing the survey needed
tp make more cuts and elevation readings. She said her client
wants to know if the area is ILSF. Ben McKelway asked if it is
wetland vegetation or ILSF. Carl said it is a full-fledged
wetland--that was the argument. Henry said he thought it was
wetter than Donald did, and the fact that it is private property
does not change the wetland status.
Peter pointed out that there were no survey points off the
property, although the wetland goes off the property. Henry said
the whole area is ~.5 feet. John said that the area contains
hummocks, so the height varies, lower and higher by one half
foot. Henry asked if this would change the water-holding
capacity. John said yes and wanted to know how many shots the
ConCom needed. John pointed out that the one of the abutting
properties was filled in 1977 for the tennis courts. Peter said
the wetland runs into the tennis courts on the plan. Tina said
James Freeman had based his plan on the shots John had done and
then tried to estimate. Peter stated that, especially since Mr.
Freeman had not seen the tennis courts, more data points were
needed to clarify the contour line. Peter showed John where they
were needed; he asked for two or three more points. Peter asked
if the person making the contour lines could actually go to the
site. Tina said that was a reasonable request.
Carl said that there should be no clear cutting. Peter said to
use surveyor's lines instead. Donald thought that it should not
be limited to hand-cut lines. Ben stated that the applicant
should be required to go to the Planning Board.
A motion was made to continue the hearing for more information
until the August i!, 1988 meeting. The motion was carried.
~. J. Seward Johnson, Jr. - SEi!8-i!83 - Almanac Pond Road. Bill
Willet abstained. Mark Poor of Newman N. Newman, Inc. was
present as agent for the applicant. He stated that the original
proposed site was in violation of zoning regulations because the
barn would have been too close to the neighbor's lot line. Mark
stated that he had an alternative plan which is l~O feet into the
property line, northeast of the original site; he stated that
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page 9
this was an attempt to pull the whole site away from the wetland.
Peter Dunwiddie said that li!O feet is outside of the ConCom's
jurisdiction.
Henry Wasierski asked if there was a wetland to the west. Carl
asked if the project was 100 feet from all wetlands. Mark said
he did not know. Peter said he wanted to continue the hearing
for a Field Inspection; he requested that the area be staked in
time for the Field Inspections on Monday, July 11, 1988.
A motion was made to continue the hearing for a Field Inspection.
The motion was carried.
5. Perkins-LaFrance - SEl.t8-l.t86 - 99 Eel Point Rd. Melissa Philbrick,
Tina Coughanowr, Alan LaFrance and Alan Perkins were all present
as agents for the applicant. Mr. Perkins stated that the
footprint has become smaller because of the pilings, and the
house has moved back; he added that the deck has become bigger,
but was still within the existing deck. Melissa submitted the
walkway plans which had been previously requested. Peter
Dunwiddie asked why the walkway wanders. Melissa replied because
of the cattails. Carl asked how the walkway will be constructed.
The answer was with hand-dug holes. Melissa asked if the ConCom
had any concerns. Carl Borchert said that the footprint got
bigger. Melissa stated it was an attempt to deal with the
pilings from a design standpoint.
Henry Wasierski said the applicants have answered everything
asked for. Peter pointed out that the NOI was filed as a
reconstruction of an existing cottage, and that is not what the
project is. Ben McKelway stated that the wording in the Order of
Conditions is very significant, since the house will be on the
dune.
Looking at the plan, Carl stated that the circle of work area
clips off the edge of the deck. Mr. LaFrance said the whole
project can be gotten at from the driveway. Peter said the
limits of work circle needed to be drawn in on the map. Mr.
Perkins asked if he could do so right away at the hearing. It
was OK'd, so Mr. Perkins drew in the limits of work circle.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page 10
A motion was made to close the hearing. The motion was
carried.
6. Shaun & Millicent Ruddy - SE~8-~92 - 8 West Chester St. Philip
Miller was present as agent for the applicants. Mrs. Ruddy was
also present. Mrs. Ruddy submitted copies of some 1930 aerial
photos of the property and stated she had submitted three
affidavits earlier, verifying the existence of the driveway.
Peter Dunwiddie read all three affidavits. Peter asked if the
walkway could be placed on the other side of the hedge. Mrs.
Ruddy said that would be difficult to do.
A motion was made to close the hearing and grant a waiver. The
motion was carried.
7. S/J Wauwinet Trust - Wauwinet Road. Jim Gay was present as agent
for the applicant. Jim said that the proposed structure had been
moved back of the 50 foot Buffer Zone. Jim stated that the area
is above the 8 foot level according to the town topo maps, and
thus is not subject to Coastal Storm questions.
Henry Wasierski asked whether the pro shop can be moved out if
need be. Jim said yes; he submitted some photos of the area.
Henry asked if the size of the structure had changed. Jim said
no; he added that more trees will be cut down to be outside the
50 foot Buffer Zone. Peter asked how many trees were going to be
cut. Jim said about 23. Ben McKelway asked who had set the
boundary line. Jim answered IEP. Peter asked if any trees were
to be cut down fer the path. Jim said no, it was already there.
Nelson Jones was present and asked that the ConCom specify how
the building materials are to be brought in, so that no more
disasters like the problem with the crane will occur. Peter
stated that there was already a path and the material could be
carried in by hand. Nelson pointed out that it could be carried
from the other side of the tennis courts, which is not Wauwinet
House property. Peter suggested having a special condition in
the Order of Conditions stating, all material must be carried in
by hand across the pathway. Louis Ames, an abutter to the
property looked over the plan.
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A motion was made to close the hearing. The motion was
carried.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of July 7, 1988 Page 11
8. Herbert C. Cabral - 6i! Miacomet Ave. John Shugrue was present as
agent for the applicant. Herb Cabral was also present. Peter
Dunwiddie read from Field Inspection report. Carl Borchert said
the only concern was keeping the project 50 feet away from the
wetland. Peter said it was exactly 50 feet on the plan; he asked
if the area was staked. John said yes.
Henry Wasierski asked if there is a slope downhill to the
wetland. John said yes. Peter wanted to know who flagged the
wetland. John said he had. Henry said the well could be a
problem. Carl stated that haybales should be i! to 5 feet from
the well.
John said there was a change in the plans--that the house will
rotate 5 degrees, but still be 50 or so feet back. Henry said
that no part of the house should be within 50 feet.
Carl said that the indentation would then be a concern. John
said there is an "island" of soft rush between the house site and
the wetland boundary, about 15 feet by 15 feet. Peter asked if
this area was connected to the pond. John said no. Peter stated
that the haybales should be in place before the well is put in.
Carl said that the last 25 feet should not be disturbed--that is
they cannot be made into a lawn.
A motion was made to close the hearing. The motion was carried.
B. REGULAR MEETING
1. Requests for Determination
a. Wayne Holmes - Madaket Road. No agent was present for the
applicant. Peter Dunwiddie read a letter dated, June 30, 1988
from the applicant's representative, Mickey Marcus of New England
Environmental. The letter disagreed with Peter's analysis of the
wetland boundary. Ben McKelway pointed out that it was contrary
to what Mickey had said at the last meeting on June 23, 1988.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page 1~
Carl Borchert thought it was a complete transposition of
scientific information. Peter read from the second Field
Inspection report. Peter stated that the area is not a difficult
transition area, rather there is a clear edge with healthy and
dense vegetation. Peter said that it was unclear why Mickey had
drawn the boundary line where he did.
A discussion ensued about the nature of this Request for
Determination. Peter said it was an unusual request because it
asks for confirmation of the wetland boundary. It was decided
that a positive Determination should be issued, stating that all
lots are subject.
A motion was made to issue a positive Determination stating, that
all of the area described in the Request is an Area Subject to
Protection Under the Act. Therefore, any removing, filling,
dredging, or altering of that area requires the filing of a
Notice of Intent. The motion was carried.
b. Old North Wharf Trust - Old North Wharf. No agent was present
for the applicant. Ben McKelway explained the project. Carl
Borchert thought the area was subject but would not alter the
wetland, but said that a special condition should be in the
Determination stating, "Nothing is to be dropped in the water
during the renovations."
A motion was made to issue a negative Determination, with Carl's
special condition, stating, the work described in the Request is
within an Area Subject to Protection Under the Act, but will not
remove, fill, dredge, or alter that area. Therefore, said work
does not require the filing of a Notice of Intent. The motion
was carried.
2. Orders of Conditions
a. Perkins-LaFrance - SEl.t8-~86 - 99 Eel Point Rd. Ben was asked
to compose a draft Order of Conditions to be voted on at the next
meeting.
b. Shaun & Millicent Ruddy - SE~8-~92 - 8 West Chester St. Ben
was asked to draft a waiver to be voted on at the next meeting.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page 13
c. S/J Wauwinet Trust - Wauwinet Road. Ben was asked to compose
a draft Order of Conditions to be voted on at the next meeting.
d. Herbert C. Cabral - 6i! Miacornet Ave. Ben was asked to compose
a draft Order of Conditions to be voted on at the next meeting.
3. Extension Permits
a. Paul Dujardin - SE48-301 - 109 Eel Point Road. Melissa
Philbrick was present as attorney for the applicant. Melissa
pointed out the location of the top of the bank on the plan; she
stated that there was only a little accretion and no significant
erosion. Peter Dunwiddie stated that he had spoken with Randy
Tate from MNHESP who confirmed that all short-eared owl nests are
on the other side of Eel Point Road. Carl Borchert asked how
long the applicant wanted to extend the Order. Melissa said two
years.
A motion was made to issue a two year extension. The motion was
carried.
4. Certificates of Compliance
a. John W. Bartlett - SE48-459 - 283 Hummock Pond Rd. It was
decided that a Field Inspection was needed. Field Inspection to
take place on Monday, July 11, 1988.
b. Robert & Ruth Klausmeyer - SE48-403 - 15 Crow's Nest Way. It
was decided that a Field Inspection was needed. Field Inspection
to take place on Monday, July 11, 1988.
5. Other Business
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a. Raymond Giguere - 9 Columbus Avenue. Ben McKelway stated that
some work in a yard and on a dock had taken place without the
filing of a Notice of Intent. Chris Carr, Mr. Giguere's son, was
present to discuss the matter. Chris stated that an existing
dock had been replaced, and he was not aware of the wetlands
laws. Chris said he did not go any further out into the pond; he
submitted photographs of the old dock, which was narrower than
the new one.
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Town of
Conservation
Nantucket
Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page lY
Another problem at the site, explained by Ben McKelway, was added
fill dirt, which was 2 to 3 feet above and 20 feet back from
wetland vegetation at the edge of the pond. Peter Dunwiddie
asked what kind of vegetation had been there before. Chris said
a lawn. Peter asked if the lawn had been extended. Chris said
no, maybe only 5-6 inches.
Donald Visco stated that he had no problem with replacing a dock.
Peter said there was a problem with the fill. Chris said the
grade had not been changed, it had only gotten longer.
It was decided that a Field Inspection was needed. Field
Inspection to take place on Monday, July 11, 1988.
b. Choose Planning Commission member. A motion was made to elect
Henry Wasierski to the Planning Commission. The motion was
carried.
c. Elect new ConCom officers. A motion was made to elect William
Willet as Chairman. The motion was carried.
A motion was made to elect Peter Dunwiddie as Vice Chairman. The
motion was carried.
A motion was made to elect Henry Wasierski as Treasurer. The
motion was carried.
A motion was made to elect Lee Dunn as Secretary. The motion was
carried.
d. North Bluff - Siasconset (Sandy Whitehead). Peter Dunwiddie
read a letter from Ms. Whitehead received July 6, 1988,
requesting the town to come up with a beach nourishment plan for
Sankaty Bluff. Sandy Whitehead was present to discuss the
matter. Donald Visco asked what land is private and what land
belongs to the town. Sandy said the bank is all town land and is
extremely endangered. She stated that jeeps are very destructive
as are the tourists on foot and the people climbing up the bluff
with ropes.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page 15
Sandy said the Cairnes property next to the lighthouse is a very
valuable property; she wanted something done before the whole
area washes out. Sandy suggested putting up snowfencing or
chains with "keep out" signs. Donald said this was more in the
hands of the Selectmen. Carl Borchert stated that the ConCom
used to have money that could be used for programs of this kind.
Donald said that the only way to stop erosion is by using
rip-rap.
Sandy said she felt frustrated by the run-around she'd been
getting; she wanted to know if saving the lighthouse is
considered to be important. Donald said that is a Coast Guard
issue.
Peter said that planting would not help the problem because the
erosion is at the bottom of the bank, not at the top. Sandy said
that sand is lost from over-saturation. Peter stated that the
ConCom would not object to planting vegetation on the bank, but
the populace does not want money spent for anything that is not
approved by Town Meeting. Peter added that the ConCom could not
afford to plant on this large a scale; he suggested that the
individual home owners finance the project.
Sandy asked how to go about getting federal aid if the island
does not endorse saving the bluff and lighthouse. She asked who
she should see about getting an article at town meeting. Carl
said only ten signatures are needed. Peter said the ConCorn would
be remiss to endorse the vegetation plan without having a Coastal
Engineering study done. Sandy said that no one seems to have any
money.
Carl pointed out that there were articles for the Sconset bluff
erosion at the Accountant's office and there might be some money
there which would not be enough for revetments, but maybe for
planting. He added that the Selectmen must approve this.
Sandy suggested using tires at the bottom of the bank. After
some discussion, Peter said the ConCom was not able to advise on
this.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page lb
Steve Scannel was present; he stated that there is a lack of
understanding about erosion. Steve thought there were two major
factors in play: the failure to open Sesachacha Pond, and that
draggers destroy kelp beds. Steve said a low-budget basic
study--funded by the property owners if not the town--was
needed.
Sandy suggested the use of cement blocks on beach to collect the
sand. Henry Wasierski said the sand would collect on one side
and go off on the other. Sandy then suggested covering a long
stretch with cement blocks; she asked if this would damage other
areas. Henry said that the beach elevation is now zero, where it
used to be 3 feet.
Mrs. Madison, a Sconset resident was also present. Speaking to
the issue of jeep traffic on the beach in Sandy's letter, she
wanted to know if logs could be placed by the entrance at Codfish
park to stop the jeeps. Peter stated he was not sure if the
ConCom had the jurisdiction to close beaches to vehicular
traffic. Carl said the ConCom could vote to write what Mrs.
Madison had suggested to the Selectmen. Donald said that the
logs would be ripped out.
A motion was made to send a letter to the Selectmen stating, all
town beaches should be closed to vehicular traffic at the north
end of Codfish park, to reduce the damage at Sankaty bluff. The
motion was carried.
Sandy Whitehead suggested the ConCom send an official letter to
Mr. Cairnes, informing him of the damage that is being done on
his property.
e. Robert Elliott - SEi!8-~12 - Elliott's Way. Ted Tillotson was
present as attorney for the applicant. Glen Wills was present as
agent for the applicant. Peter Dunwiddie read a letter from Glen
received on July 7, 1988, requesting a minor modificatin to the
Order of Conditions. Glen explained the change as a northerly
rotation of the corner of the building away from the top of the
bank.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page 1~
A motion was made to accept this change as a minor modification
to the Order of Conditions. The motion was carried.
f. Gary Winn - SEi!8-383 - Eel Point Road. Mike Bachman of
Nantucket Surveyors, Inc. was present as agent for the applicant.
Gary Winn was also present. Mike said the Order of Conditions
for this project had been appealed and a Superceding Order had
been issued but the case is still pending in Superior Court.
Mike said the plaintiff was asking for a minor modification to
the Order of Conditions to include a split-rail fence, the intent
of which is to stop further traffic from going onto his property.
Mike stated that the fence would be partially outside the 100
foot Buffer Zone and partially inside it. He said that fencing
inside the Buffer Zone may need an NOl. He went on to point out
that people could remove the fence, so the plaintiff wants to
erect and maintain the fence for 99 years, from the edge of the
Buffer Zone to the road to the south of the marsh. Carl Borchert
suggested the applicant file a Request for Determination, which
would be determined subject, but will not alter.
Donald Visco said the problem would be maintaining the fence.
Mike asked if this was out of the ConCom's jurisdiction. Peter
said it was somewhat germaine, for example if the fence does not
work and something else is needed, the alternatives should be
considered.
Donald said he had no problem with accepting the proposal as a
minor modification. Peter said a plan was needed showing where
the fence is to be placed. Mike said OK; he asked if the
applicant should file a Request for Determination. Ben McKelway
stated that Beth Goodman said the creation of a new parking lot
would need an NOI. Mike said there would be minimal grading,
perhaps none. Peter said if only the shifting of cars would
occur, then it's OK, but if there is to be regrading and chewing
up of land, then not it's not OK. Peter said the parking lot
should be on the plan.
Ben stated that Beth Goodman had told him that a parking lot on
town land is not a minor modification and should not be taken
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page 19
lightly. He pointed out that the parking area and proposed
fences are part of a proposed settlement betweem Ms. Kolle and
Mr. Winn. Carl stated that the fencing off of the lot would need
either a Request for Determination or an NOI, and the fencing
along the property line is a minor modification on the Order of
Conditions.
A motion was made to accept the fence along the property line as
a minor modification to the Order of Conditions. Peter asked Ben
to make a note to the file to this effect. The motion was
carried.
g. S/J Wauwinet Trust - SE48-482 - restoration plan. Jim Gay was
present as agent for the applicant. Peter Dunwiddie read a
letter submitted by Jim Gay dated, July 6, 1988 which arrived
with an attached revegetation plan. Carl Borchert asked when the
restoration would take place. Jim said the beach grass would not
be planted until the fall. Carl asked if the crane was gone.
Jim said yes. Peter said there was no problem with the plan.
The ConCom decided to accept the revegetation plan.
h. Steven Scannel - Sesachacha Pond. Steve Scannel was present
to discuss the matter. Steve stated that the situation is an
environmental emergency; he had the following points to make
about the issue:
--according to the law, breaching a barrier beach is an action,
but Steve thought the failure to breach a barrier beach is an
action as well, because it modifies the flow of salt and fresh
water in an estuarial system.
--despite the law, Steve said the town has the ultimate say-so in
whether or not the pond should be opened.
--Steve stated that as a seiner, it was his historical duty to
open the pond; he urged the ConCom to vote to open Sesachacha
pond.
Peter Dunwiddie said the ConCorn could not make a vote on that; he
suggested that Steve instead recommend that a study should be
made on the pond opening issue. Steve said no, that the burden
of proof was on the people who want to close the pond. Carl
asked if Steve has seined in that pond. Steve said no.
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Town
Conservation
of Nantucket
Commission
i
I'
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 7, 1988 Page Iq
A motion was made to send a letter to the Selectmen, urging the
opening of Sesachacha pond in order to maintain the salt pond
environment and enhance fisheries. Donald Visco stated that the
Selectmen do not need the ConCom's permission. The motion was
carried, three votes to one vote. Bill Willet abstained.
Kitty Pochman of the Nantucket Land Council stated that the
disolved oxygen in Sesachachapond is fine, and the fish kill was
thought to be caused by seining in the pond.
i. Addendum to Open Space Plan. Kitty Pochman said the Nantucket
Land Council encourages the amendment. A motion was made to
amend the Open Space Plan as follows:
It is the policy of this plan to encourage and promote
conservation easements and restrictions in areas of the town
which are zoned Limited Use General, in recognition that these
are sensitive lands which include or border on fragile land and
water resources.
The motion was carried. Bill Willet read and signed the draft
letter to Joel Lerner, director of the Division of Conservation
Services which informed him of the amendment.
j. Comments, questions from press and public. Michael Bloomberg
(SE~8-l.t53 - 115 Ba~ter Road) said he wanted a letter from Peter
Dunwiddie confirming that his house had been moved back from the
eroding bluff because it was in "imminent" danger of collapse.
Peter had already drafted the letter, which was dated July 5,
1988. Mr. Bloomberg stated that in the original letter he
received from Peter dated, January 22, 1988 in which permission
was granted to move his house back, the phrase "eminent danger"
appeared. Michael asked that the word "immenent" be included in
the second letter, since that was what was meant by "eminent" in
the first letter.
A motion was made to remove the word "imminent" from the second
letter in order to be consistent with the Tobey Shaw case
(SEi!8-~79). The motion was carried.
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Town
Conservation
of Nantucket
Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of July 7, 1988 Page ~O
6. Planning Board Referrals
a. Sankaty Realty Trust - off Burnel St. It was decided that a
Field Inspection was needed.
7. Correspondence - Not discussed.
8. Minutes of June 16, 1988. A motion was made to accept the
Minutes as written. The motion was carried.
Minutes of June 23, 1988 - Not discussed.
11. Executive Session - possible land acquisition. The Commission
did not go into executive session, but Bill Willet stated that
the ConCom should not offer any more money for the land.
ADDITIONAL BUSINESS
Re: S/J Wauwinet Trust - SE~8-~82 - Wauwinet Road. Jim Gay was
present as agent for the applicant. Peter Dunwiddie read the
letter from Jim Gay dated, July 6, 1988, requesting a minor
modification to the Order of Conditions for the pier. Jim
explained the revision as the change from a single-piece ramp to
the use of a two-section ramp with a float in the middle section.
Carl Borchert said it would be fine as long as the crane is off
the beach. Henry Wasierski asked where the 3D-foot right of way
is, if it was in the beach grass. Carl said it was not.
Granville Cranston said there was plenty of room between the
grass and the high tide line.
A motion was made to accept this change as a minor modification
to the Order of Conditions. The motion was carried.
There being no other business, the meeting was adjourned at 11:55 PM.
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