HomeMy WebLinkAbout1988-07-21
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
AGENDA FOR JULY 21, 1988
A. PUBLIC HEARINGS
1. Town of Nantucket - SE48-i!97 - Nantucket Harbor entrance dredging
2. J. Seward Johnson, Jr. - SE48-i!83 - Almanac Pond Road
3. Nantucket Beachside Realty Trust - Beachside Hotel, N. Beach St.
B. REGULAR MEETING
1. Orders of Conditions
a. Perkins-LaFrance - SE48-i!86 - 99 Eel Point Rd.
b. Shaun & Millicent Ruddy - SEi!8-492 - 8 West Chester St.
c. S/J Wauwinet Trust - SE48-i!95 - Wauwinet Road
d. Herbert C. Cabral - SE48-i!96 - 6i! Miacomet Ave.
2. Enforcement Orders
a. J. Daniel & Ellen Lugosch - SEi!8-379 - 20 Fulling Mill Rd.
3. Certificates of Compliance .
a. John W. Bartlett - SEi!8-l.t59 - 283 Hummock Pond Rd.
b. Robert & Ruth Klausmeyer - SEi!8-403 - 15 Crow's Nest Way
i!. Other Business
a. Raymond Giguere - 9 Columbus Avenue
b. Steve Lindsay - SEi!8-i!62 - 10 Crow's Nest Way
c. Gary Winn - SEi!8-383 - Eel Point Road
d. Junk cars - off Millbrook Road
e. Comments, questions from press and public
5. Planning Board Referrals
a. Sankaty Realty Trust - off Burnell St.
6. Correspondence
7. Minutes of June 23, 1988
Minutes of July 7, 1988
8. Bills to be paid
9. Field Inspections - set date
a. Richard & Jane Steadman - SE48-i!81 - 23 Quaise Rd. - C/C
b. C. K. Gifford - Shimmo Road - RFD
c. Vincent A. Carrozza - Wauwinet Road - RFD
d. Nantucket Beachside Realty Trust - N. Beach St. - NOI
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Town
Conservation
of Nantucket
Commission
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Town and County Building.
Nantucket, Massachusetts 02554
Minutes of July 21, 1988 Page 1
MINUTES OF JULY 21, 1988
The public hearings of July 21, 1988 were called to order at 7:30 PM.
Members present'were: William Willet - Chairman, Peter Dunwiddie - Vice
Chairman, Henry Wasierski - Treasurer, Lee Dunn - Secretary, Donald
Visco, Granville Cranston, and Carl Borchert. Members absent were:
none. Administrator present: Ben McKelway.
A. PUBLIC HEARINGS
1. Town of Nantucket - SEi!8-i!97 - Nantucket Harbor entrance
dredging. No agent was present for the applicant. Carl Borchert
stated that the biggest concern of the fishermen interviewed in
the Inquirer and Mirror was the siltation and the time of year
the dredging is to occur. Carl added that the Coast Guard had
said to do it in September.
Lee Dunn asked if there was a scallop bed where the dredge
material would be dumped. Bill Willet said the scallops were in
a little closer to'shore. Carl said that the concern was the
spoils would drift on to the beds.
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Jim Gross was present; he said he accepted the fact that the
harbor must be dredged, but thought that spring would be the time
to do it. Jim pointed out that Ken Kelley said the scallops were
very sensitive in September and October. Jim also stated that he
was concerned about the siltation near the horseshed. Lee asked
what the Corps's argument was for not dredging in the spring.
Granville Cranston said that the proposed time of year is the
only time the dredge is available.
Lee asked if siltation was a problem. Henry Wasierski said no,
the sand was very coarse. Donald Visco said that no mud was
being dredged; he added that SHAB had no problem with the
project.
Steve Bender was present. Steve stated that when the dredging
had occured in Madaket, the area had been denuded of scallops,
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 21, 1988 Page 2
and now there are still very little scallops in that part of
Madaket harbor. Steve also thought that the ConCom should be
consistent, pointing out that the construction of Mr. Taylor's
pier on Hulbert Avenue was not allowed to t~{e place during the
time when the scallops were spawning. Steve made the following
additional points:
--the ConCorn should protect the environment, rather than
succumbing to pressure from the Army Corps of Engineers.
--the dredge material should be dumped in deeper water in order
to protect the scallops and eel grass from siltation, because
even with coarse sand, some siltation occurs.
--the horseshed is one of the richest scalloping grounds and
perhaps the dredging does not need to occur.
Henry pointed out that the area concerned in the construction of
Mr. Taylor's pier had an entirely different bottorn--grass and mud
as opposed to coarse sand.
Donald asked what the Corps' engineer said about how long the
dredging would take. Jim Gross said 6 weeks; he added that once
the barge gets here, there would be no way of stopping it if it
turns out that the water becomes cloudy with silt. Jim asked if
the ConCorn could close down the project if the silt goes more
than two feet away. Henry stated that there should be no silt
more than 100 feet from the barge. Donald said he was satisfied
that siltation would not be a problem.
Jim thought the Corps could easily dump the spoils out farther,
in l.t0 feet of water, rather than right next to the scallop
ground. Donald stated that the Corps knew what they were doing.
Jim said the Corps had not looked at the area carefully and was
there to dredge, not protect the environment. Jim related an
example of dredging the Corps had done in Maryland, which
resulted in dead oysters.
Lee asked why the Corps could not change the time of year of the
dredging. Donald said the Corps had all their other permits
already, and if they could not do it at the proposed time, it
would delay the project for at least another year.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 21, 1988 Page 3
Henry asked how many scallops were in a square foot in the area.
Steve said plenty. Donald wanted to know how much silt the
fishing boats drag up. Steve said the scallops are not affected
by this because it occurs in November. Jim said the scallops are
very sensitive in the summer, not in the winter and this was why
the scalloping season starts in November. Henry said he thought
that in Madaket, the scallopers with dredges had killed the
scallops.
Kitty Pochman of the Nantucket Land Council was present. She
said she realized the Corps's time constraint, but asked that
nourishing one of the north shore beaches, for example Dionis, be
brought into consideration. Donald said the problem with
changing the disposal site would be a one-year delay.
Peter Dunwiddie asked why SHAB did not take the same stand as Jim
Gross and Steve Bender. Jim said that Ken Kelley took this
stand. Ben McKelway read from the Minutes of June 23, 1988 re
what Ken Kelley had to say about the issue at that meeting.
Lee asked when exactly the dredging was to take place. Bill
Willet said it was vague. Donald stated he was not adverse to
placing a starting date for the project. Lee suggested it be
after November 1 and before April 30.
There was a discussion about whether the Corps should be asked to
dump the dredge material farther out. Bill read Ken Kelley's
letter, dated June 2, 1988 to the Corps, suggesting that a
deeper site just outside the bar would be a more suitable
disposal site.
Donald said the Steamship Authority must be taken into
consideration--that it would be a disaster if the boats had to be
rescheduled around the tides. Paul Harrington was present
representing the Steamship Authority; he stated that all their
vessels hit the sand bar at low and almost low tide. Paul added
that the Corps had addressed the problem of siltation, and the
project was to occur close to the scalloping season.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 21, 1988 Page ~
Henry asked how much the Steamship Authority boats draw. Paul
said the Uncatena draws 13 feet, the Nantucket draws 12 feet and
the Eagle draws 11 and 1/2 to 12 feet; he added that the Corps
had been consulted about this problem 5 years ago.
A motion was made to close the hearing. The motion was carried.
Jim Gross asked what closing the hearing meant. Carl Borchert
responded the ConCom had enough information to make a decision on
the application and had 21 days to do so.
2. J. Seward Johnson, Jr. - SEi!8-i!83 - Almanac Pond Road. Bill
Willet abstained. Mark Poor of Newman N Newman was present as
agent for the applicant. Henry Wasierski said the wetland was 50
feet from the fence and about 150 feet from the corner stakes of
the barn. Peter Dunwiddie read from the Field Inspection report.
Mark said the four corners of the barn had been staked on July
11, 1988, and the applicant is sticking to the original intent to
build a horsebarn with 6 stalls.
Mark said that the area that has been fenced off was once
maintained as a meadowland, before the encroachment of the
vegetation, and the applicant was asking to relaim the meadowland
as part of the parcel. Mark added that he wished Peter had been
able to look at the area.
Henry said he had dug some holes and the earth was not peaty or
marshy--that it was dark brown, but not black.
Lee Dunn asked if there was a plan with the wetlands drawn in on
it. Mark said no, that the applicant was in the process of
engaging an engineer to do a topographic study. Mark asked that
the ConCorn only consider the barn as this was what was originally
filed for; he said the carriage house would be considered
seperately at a later date.
Ben McKelway pointed out on the plan where the questionable areas
were inside the fence. Ben said there were soft rushes about ~o
feet from the corner of the proposed barn, but he was not sure it
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of July 21, 1988 Page 5
was over 50% coverage; he added it seemed that the goldenrod was
over 50%. Mark said there was extensive golenrod coverage.
Peter Dunwiddie asked if there were any constraints, preventing
the applicant from moving the barn. Mark said there is already
an existing driveway as well as a drop-off of 5-6 feet. Peter
asked if it could be rotated 90 degrees. Mark said there would
be no access into the Paddock area, so he would not like to
pursue it.
Mark said he would like to schedule a time for Peter to look at
site. Peter said he could possibly do it tomorrow. Donald Visco
said the hearing would have to be continued anyway for the
topographical plan.
A motion was made to continue the hearing for more information
and another Field Inspection. The motion was carried.
3. Nantucket Beachside Realty Trust - Beachside Hotel, N. Beach St.
Richard Glidden was present as attorney for the applicant. Joe
Geller was present as agent for the applicant.
Joe described the site and proposed project as follows:
--the site is ringed by a wetland edge, and the majority of the
property is within the 100-year flood zone.
--improvements include additions, a new pool; the existing office
and bike shop would be turned into a 100-seat restaurant. Site
improvements include. patios and reworking of the front entry.
--the curb cuts would be reduced from l.t to 2, and the width of
the roadways will be cut down.
--all concrete will be removed from the back of the site and clam
shell on a gravel base would take its place.
--a couple more catch basins will be installed for the drainage.
--trees and shrubs will be planted and brick paving will be put
in.
--there will be more green space because cars will be parked at
an angle, reducing the parking space, but keeping the number of
spaces the same as before at 96.
--a wood fence with steel edging on the parking lot and the clam
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 21, 1988 Page 6
shell will be installed.
Joe added that there will be percolation through the clam shell
and the catch basins.
Carl Borchert wanted to know how pervious the clamshell would
be. Joe said it is the same as a gravel road. Carl asked if
rain would run into the ground water. Joe said no, it would be
above it. Joe added that the gas and oil would be separated
before it gets into the leach pit. Peter Dunwiddie asked if the
oil was separated in each catch basin. Joe said yes; he said it
does percolate at a good rate. Peter asked if the separators
needed periodic cleaning. Joe said yes, and that some
commissions require pillows, but this would be a maintenance
problem.
Joe stated that the siltation along the edge of the property
would be protected with snowfencing; he added that with a tight
edge, a siltation fence is better than haybales.
Joe said there would be a consistent i!0-50% reduction of run-off
to the lots next door, but recharging of the water table would
still occur. Joe stated that this was beneficial for the
wetlands.
Lee Dunn asked if building B needed a new foundation. Joe said
no, it would be a renovation into a restaurant. Carl asked if
the plan is to use the old foundation. Lee thought the project
was an improvement for the wetlands. Peter asked if a waiver was
needed since the project was so close to the wetland. Donald
Visco stated the applicant was just going up, rather than
expanding what is there. Carl asked Ben to look into
requirements for a waiver. Richard Glidden said he would look
into it as well.
A motion was made to continue the hearing for more information.
The motion was carried.
B. REGULAR MEET ING
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 21, 1988 Page 7
1. Orders of Conditions
a. Perkins-LaFrance, Inc. - SEi!8-i!86 - 99 Eel Point Rd. Lee Dunn
abstained. Melissa Philbrick was present as attorney for the
applicants. Carl Borchert read the draft Order of Conditions.
There was a discussion about the wording of several of the
Special Conditions. The ConCom decided that the applicants
should stick to the 23 foot height for the house, although
Melissa stated the applicants would need 26 feet in height
because of the pilings.
A motion was made to accept with amendments the draft Order of
Conditions as follows. The motion was carried.
ADDITIONAL SPECIAL CONDITIONS
PERKINS-LAFRANCE, INC.
DEQE FILE NUMBER SEi!8-i!86
The applicant has made a clear showing that the site of the
project is a "transitional area" of a Coastal Dune, and that this
area, including the house on it that would be demolished, does
not playa role in storm damage prevention, flood control, the
protection of wildlife habitat, erosion control, or wetland
scenic views. Therefore, the Commission hereby determines that
this construction site, defined by the limits of work, is not
sigificant to those interests under the Wetlands Protection Act
(310 CMR, 10.28) or the Nantucket Wetlands Bylaw (Wetlands
Protection Regulations, Section 2.03).
The project is approved in accordance with the Notice of Intent;
the most recent plans cited on Form 5; exhibits A,B,& C; the
letter of June 16. 1988, from Christine Coughanowr to the
Conservation Commission, the supplement to the application
dealing with the walkway (received 6/23/88), the general and
special conditions on Form 5, and the following additional
special conditions:
3. The project must still meet all the performance standards of 310
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 21, 1988 Page 8
CMR 10.28(3). No sand or other dune material shall be removed
from the site.
4. No coastal engineering structure, such as a bulkhead, revetment,
or seawall, shall be permitted on the property at any time in the
future.
5. The height of the new dwelling shall not exceed 23 feet above
existing grade.
6. The dwelling shall be built on pilings.
7. The elevated walkway shall be built entirely by hand.
8. Prior to any activity at the site, snow fencing shall be
installed along the line shown on the transparency received by
the Commission July 7 as a black, dashed line. This circle of
fencing will serve as the limit of work for work crews; it shall
remain in good repair during all phases of construction and shall
not be removed until all soils are stabilized or until permission
to remove it is given by the Commission.
9. Following construction, any disturbed areas shall be revegetated
with beach grass or other appropriate dune species.
10. Any change made or intended to be made in the plans shall require
the applicant to file a new Notice of Intent or to inquire of the
Conservation Commission in writing whether the change is
substantial enough to require a new filing.
11. An as-built plan, signed and stamped by a registered professional
engineer or land surveyor in the Commonwealth of Massachusetts.
shall be submitted to the Commission at the same time as a
written request for a Certificate of Compliance and shall specify
how the completed plan differs from that shown on the plans
referred to in the Order of Conditions. The as-built plan shall
include, but not be limited to, the following: all pipe/culvert
inverts for inflow and outfalls, pipe slope, size and
composition; location of other drainage structures and their
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of July 21, 1988 Page 9
composition; limits of fill or alteration; location of structure
and pavement within 100 feet of wetland; the edge of the wetland;
the grade contours within 100 feet of the wetland.
12. Members and agents of the Commission shall have the right to
enter and inspect the premises to evaluate compliance with the
conditions and performance standards stated in this Order and the
Nantucket Wetlands Protection Regulations and may require the
submittal of any data deemed necessary by the Commission for that
evaluation.
13. The applicant, owners, successors or assignees shall be
responsible for maintaining all on-site drainage structures and
outfalls; assuring the lasting integrity of vegetative cover on
the site and site activities so as to prevent erosion, siltation,
sedimentation, chemical contamination or other detrimental impact
to the on-site wetland and/or off-site resource areas. It shall
be the responsibility of the property owner of record to see that
maintenance conditions are complied with as required by this
Order.
1i!. This document shall be included in all construction contracts and
subcontracts dealing with the work proposed and shall supersede
other contract requirements.
15. Used petroleum products from the maintenance of construction
equipment and construction debris shall be collected and disposed
of off-site. No on-site disposal of these items is allowed.
16. Dust control, if required, shall be limited to water. No salts
or other wetting agents shall be used.
17. Any refuse material found on the site shall be disposed of at an
approved landfill and in no case will these materials be buried
or disposed of in or near the area designated as wetland.
18. This Order of Conditions shall apply to any successor in interest
or successor in control of the property.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 21, 1988 Page 10
b. Shaun & Millicent Ruddy - SE48-492 - 8 West Chester St. No
agent was present for the applicant. Ben McKelway read the draft
waiver and Order of Conditions.
A discussion ensued as to whether issuing a waiver is appropriate
in this case. Peter Dunwiddie stated that there is a distinction
between not having an adverse effect and having a more desirable
effect; Peter said that clearly the applicant's proposed project
is more desirable in terms of the wetland than what was
originally there, but that does not mean the project will have no
adverse effect on the wetland. Ben read from the regulations re
waivers. Lee Dunn stated that the waiver section is in need of a
third condition which would allow the ConCom to issue waivers
when a project is less harmful to a wetland than what is there
currently. Henry Wasierski said the ConCom should start keeping
a list of problem situations like this in order to make necessary
amendments to the regulations.
A motion was made to accept the draft waiver and Order of
Conditions as follows. The motion was carried.
ADDITIONAL SPECIAL CONDITIONS
SHAUN AND MILLICENT RUDDY
DEQE FILE NUMBER SEi!8-492
The Commission hereby grants the applicant a waiver from Section
3.02 (B)(l) of the Wetlands Protection Regulations of the Town of
Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136).
Section 3.02(B)(1) requires a 25-foot natural undisturbed area
adjacent to a vegetated wetland and a distance of 50 feet between
a vegetated wetland and a structure that is not water dependent.
However, there has been a clear and convincing showing by the
applicant that the proposed project will not have any adverse
effect upon any of the interests protected by the Bylaw, and
will, in fact, have less impact than the previously existing
garage and driveway. Therefore, a waiver is granted under the
authority of Section 1.03(F)(1)(a) of the Wetlands Protection
Regulations of the Town of Nantucket. The project (the
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of July 21, 1988 Page 11
construction of a deck and a peastone walkway) is approved in
accordance with the Notice of Intent, the most recent plans cited
on Form 5, the general and special conditions on Form 5, and the
following additional special conditions:
3. All work is to be done by hand.
i!. Prior to any activity at the site, a line of haybales shall be
staked along the entire upland edge of the established wetland
boundary (along the proposed 'walkway as well as along the edge of
tne yard). After the haybales are installed, notice shall be
given to the Nantucket Conservation Commission. No work shall
begin on the site for ~8 hours after said notice is given, so as
to allow Commission members time to inspect the haybales and any
other siltation devices.
5. The haybale line, erected to mitigate for any siltation which
might wash into the wetland during construction, will also serve
as a lL~it of construction for work crews. The haybale line
shall remain in good repair during all phases of construction and
it shall not be removed until all soils are stabilized and seeded
or until permission to remove it is given by the Commission.
6. Natural vegetation between the wetland edge and the development
will be left intact except where it is necessary to temporarily
use this area. After construction, any disturbed area within
this buffer area will be replanted with native plants.
7. Any change made or intended to be made in the plans shall require
the applicant to file a new Notice of Intent or to inquire of the
Conservation Commission in writing whether the change is
substantial enough to require a new filing.
8. An as-built plan, signed and stamped by a registered professional
engineer or land surveyor in the Commonwealth of Massachusetts,
shall be submitted to the Commission at the same time as a
written request for a Certificate of Compliance and shall specify
how the completed plan differs from that shown on the plans
referred to in the Order of Conditions. The as-built plan shall
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 21, 1988 Page 12
include, but not be limited to, the following: all pipe/culvert
inverts for inflow and outfalls, pipe slope, size and
composition; location of other drainage structures and their
composition; limits of fill or alteration; location of structure
and pavement within 100 feet of wetland; the edge of the wetland;
the grade contours within 100 feet of the wetland.
9. Members and agents of the Commission shall have the right to
enter and inspect the premises to evaluate compliance with the
conditions and performance standards stated in this Order and the
Nantucket Wetlands Protection Regulations and may require the
submittal of any data deemed necessary by the Commission for that
evaluation.
10. The applicant, owners, successors or assignees shall be
responsible for maintaining all on-site drainage structures and
outfalls, assuring the lasting integrity of vegetative cover on
the site and site activities so as to prevent erosion, siltation,
sedimentation, chemical contamination or other detrimental impact
to the on-site wetland and/or off-site resource areas. It shall
be the responsibility of the property owner of record to see that
maintenance conditions are complied with as required by this
Order.
11. This document shall be included in all construction contracts and
subcontracts dealing with the work proposed and shall supersede
other contract requirements.
12. Used petroleum products from the maintenance of construction
equipment and construction debris shall be collected and disposed
of off-site. No on-site disposal of these items is allowed.
13. Dust control, if required, shall be limited to water. No salts
or other wetting agents shall be used.
1i!. Any refuse material found on the site shall be disposed of at an
approved landfill and in no case will these materials be buried
or disposed of in or near the area designated as wetland.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 21, 1988 Page 13
15. This Order of Conditions shall apply to any successor in interest
or successor in control of the property.
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c. S/J Wauwinet Trust - SE~8-~95 - Wauwinet Road. No agent was
present for the applicant. A motion was made to accept the draft
Order of Conditions as follows. The motion was carried.
ADDITIONAL SPECIAL CONDITIONS
STEVEN S. FISCHMAN & THOMAS P. BLOCH
DEQE FILE NUMBER SE~8-~95
The project is approved in accordance with the Abbreviated Notice
of Intent, the most recent plans cited on Form 5, the general and
special conditions on Form 5, and the following additional
special conditions:
3. No part of the structure shall be less than 50 feet from the
wetland boundary as shown on the plan.
~. The building shall be movable, built on skids or some other type
of temporary foundation.
5. All materials shall be brought to the site by hand, along the
existing pathway owned by the applicants. The pathway to the
building shall not be widened at all.
6. Prior to any activity at the site, a line of haybales shall be
staked along the 25-foot buffer line or closer to the
construction site. The haybale line, erected to mitigate for any
siltation which might wash into the wetland during construction,
will also serve as a limit of construction for work crews. The
haybale line shall remain in good repair during all phases of
construction and it shall not be removed until all soils are
stabilized or until permission to remove it is given by the
Commission.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of July 21, 1988 Page 1~
7. Natural vegetation between the wetland edge and the building will
be left intact except where it is necessary to temporarily use
this area. Once the building is constructed, any disturbed area
within this buffer area will be replanted with native plants.
8. Any change made or intended to be made in the plans shall require
the applicant to file a new Notice of Intent or to inquire of the
Conse~~ation Commission in writing whether the change is
substantial enough to require a new filing.
9. An as-built plan, signed and stamped by a registered professional
engineer or land surveyor in the Commonwealth of Massachusetts,
shall be submitted to the Commission at the same time as a
written request for a Certificate of Compliance and shall specify
how the completed plan differs from that shown on the plans
referred to in the Order of Conditions.
10. Members and agents of the Commission shall have the right to
enter and inspect the premises to evaluate compliance with the
conditions and performance standards stated in this Order and the
Nantucket Wetlands Protection Regulations and may require the
submittal of any data deemed necessary by the Commission for that
evaluation.
11. The applicant, owners, successors or assignees shall be
responsible for maintaining anyon-site drainage structures and
outfalls, assuring the lasting integrity of vegetative cover on
the site and site activities so as to prevent erosion, siltation,
sedimentation, chemical contamination or other detrimental impact
to the on-site wetland and/or off-site resource areas. It shall
be the responsibility of the property owner of record to see that
maintenance conditions are complied with as required by this
Order.
12. This document shall be included in all construction contracts and
subcontracts dealing with the work proposed and shall supersede
other contract requirements.
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13. Used petroleum products from the maintenance of construction
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Town of Nantucket
Conservation Commission
Town and Count.y Building
Nantucket, Massachusetts 02554
Minutes of July 21, 1988 Page 15
equipment and construction debris shall be collected and disposed
of off-site. No on-site disposal of these items is allowed.
1~. Dust control, if required, shall be limited to water. No salts
or other wetting agents shall be used.
15. Any refuse material found on the site shall be disposed of at an
approved landfill and in no case will these materials be buried
or disposed of in or near the area designated as wetland.
16. This Order of Conditions shall apply to any successor in interest
or successor in control of the property.
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d. Herbert C. Cabral - SE~8-~96 - 6~ Miaccmet Ave. Herb Cabral
was present; he asked if he had to use snowfencing. Ben McKelway
stated that requirement had come directly from the plans and the
NOI. Peter Dunwiddie said there would be no problem with using
haybales instead. A motion was made to accept with amendments
the draft Order of Conditions as follows. The motion was
carried.
ADDITIONAL SPECIAL CONDITIONS
HERBERT C. CABRAL, JR.
DEQE FILE NUMBER SE~8-~96
The project is approved in accordance with the Notice of Intent,
the most recent plans cited on Form 5, the general and special
conditions on form 5, and the following additional special
conditions:
3. The Commission hereby determines that the small vegetated wetland
(approximately 15 by 15 feet) between the wetland boundary and
the dwelling site is not significant to the interests of public
and private water supply, groundwater, flood control, erosion
control, storm damage prevention, water pollution, fisheries,
shellfish, wildlife, scenic views, and recreation.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 21, 1988 Page 16
~. The footprint of the dwelling may be rotated approximately 5
degrees counterclockwise from what appears on the plan.
5. When completed, no part of the dwelling, including decks, shall
be closer than 50 feet from the wetland boundary as it was
flagged June 27, 1988.
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6. There shall be a 25-foot undisturbed buffer zone between the row
of haybales or snowfence and the wetland boundary, as shown on
the plan. This zone shall be permanently undisturbed, never to
be converted to a lawn of any kind.
7. The line of haybales or snowfence shall be installed before any
other activity on the site. The haybale line, erected to
mitigate for any siltation which might wash into the wetland
during construction, will also serve as a limit of construction
for work crews. The haybale line shall remain in good repair
during all phases of construction and it shall not be removed
until all soils are stabilized and seeded or until permission to
remove it is given by the Commission.
8. The well shall be dug ~ to 5 feet toward the dwelling site frqrn
the line of haybales with snowfence, and only after the haybales
or snowfence have been installed.
9. Any change made or intended to be made in the plans shall require
the applicant to file a new Notice of Intent or to inquire of the
Conservation Commission in writing whether the change is
substantial enough to require a new filing.
10. An as-built plan, signed and stamped by a registered professional
engineer or land surveyor in the Commonwealth of Massachusetts,
shall be submitted to the Commission at the same time as a
written request for a Certificate of Compliance and shall specify
how the completed plan differs from that shown on the plans
referred to in the Order of Conditions. The as-built plan shall
include, but not be limited to, the following: all pipe/culvert
inverts for inflow and outfalls, pipe slope, size and
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 21, 1988 Page 17
composition; location of other drainage structures and their
composition; limits of fill or alteration; location of structure
and pavement within 100 feet of wetland; the edge of the wetland;
the grade contours within 100 feet of the wetland.
11. Members and agents of the Commission shall have the right to
enter and inspect the premises to evaluate compliance with the
conditions and performance standards stated in this Order and the
Nantucket Wetlands Regulations and may require the submittal of
any data deemed necessary by the Commission for that evaluation.
12. The applicant, owners, successors or assignees shall be
responsible for maintaining all on-site drainage structures and
outfalls, assuring the lasting integrity of vegetative cover on
the site and site activities so as to prevent erosion, siltation,
sedimentation, chemical contamination or other detrimental impact
to the on-site wetland and/or off-site resource areas. It shall
be the responsibility of the property owner of record to see that
maintenance conditions are complied with as required by this
Order.
13. This document shall be included in all construction contracts and
subcontracts dealing with the work proposed and shall supersede
other contract requirements.
1i!. Used petroleum products from the maintenance of construction
equipment and construction debris shall be collected and disposed
of off-site. No on-site disposal of these items is allowed.
15. Dust control, if required, shall be limited to water. No salts
or other wetting agents shall be used.
16. Any refuse material found on the site shall be disposed of at an
approved landfill and in no case will these materials be buried
or disposed of in or near the area designated as wetland.
17. This Order of Conditions shall apply to any successor in interest
or successor in control of the property.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of July 21, 1988 Page 18
2. Enforcement Orders
a. J. Dainiel & Ellen Lugosch - SE~8-379 - 20 Fulling Mill Rd.
Peter Haigh and Glen Wills were present as agents to represent
the applicants. Bill Willet explained the problems with the
siltation fence: it was improperly installed, and installed on
the wrong side of the wetland boundary. Donald Visco asked when
the Enforcement Order had been issued. Ben said last Tuesday
(July 12, 1988). In response to Donald's concern about the
action appearing on the applicant's record, Bill said the ConCom
had not ratified or recorded the Enforcement Order yet.
Henry Wasierski said theConCom should approach violations by
first asking for compliance and then issuing an Enforcement
Order. Peter Dunwiddie agreed, saying this approach would
generate less ill-will.
Ben McKelway said that the main issue is the vegetation that was
destroyed. Bill read from the Enforcement Order. Henry said the
vegetation would grow back.
Glen Wills stated he was amazed to see the issuance of an
Enforcement Order. He said the siltation fence has now been
moved back further toward the construction than required.
Carl Borchert suggested the ConCom send a letter to Mr. & Mrs.
Lugosch, thanking them .for their cooperation in response to the
Enforcement Order. A motion was made to send a letter to this
effect. The motion was carried.
3. Certificates of Compliance
a. John W. Bartlett - SEi!8-~59 - 283 Hummock Pond Rd. It was
decided that a Field Inspection was needed. Field Inspection to
take place on Thursday, July 28, 1988.
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b. Robert & Ruth Klausmeyer - SE~8-~03 - 15 Crow's Nest Way. A
motion was made to issue a Certificate of Compliance. The motion
was carried.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of July 21. 1988 Page 19
~. Other Business
a. Raymond Giguere - 9 Columbus Avenue. Chris Karr was present.
Henry Wasierski stated that when he had looked at the site last
Thursday or Friday, nothing had been done yet. Henry said the
ConCom should ask for compliance and the applicant should file an
NO!, but no Enforcement Order was necessary.
Chris Karr said he was under the impresssion that every member of
the ConCorn should indicate their approval before any action is
taken. Bill Willet said the top edge of the bank should be
knocked down. Chris asked if the area should be seeded. Henry
said, just so that it is stable mulch; he Suggested using
haybales. Ben pointed out that the highest elevation will be 8
feet back from the pond. Chris said it will be done immediately;
he asked if the dock was OK. Lee Dunn said apparently so. Chris
stated he was sorry for the inconvenience which was caused.
b. Steve Lindsay - SEi!8-i!62 - 10 Crow's Nest Way. Steve Lindsay
was present. Bill Willet read the letter to Steve Lindsay from
the ConCorn, dated July 1~, 1988. The letter indicated
displeasure about the privet hedges--prohibited by the Order of
Conditions--that were planted after the applicant had received a
Certificate of Compliance.
Steve said that at the original hearing of this case, Tina
Coughanowr had explicitly said that privet would be used. Steve
also stated that Peter Dunwiddie had told him that privet was OK.
Peter said this was true.
Bill said that he was unaware that Peter had seen the hedges
before the Certificate was issued and was strictly going by what
the Order of Conditions stated: no privet, only indigenous
plants. Peter said there was a lack of cowmunication going on
among the ConCorn members and the staff; he added that the
aspersions cast by the ConCorn on Mr. Lindsay were unwarranted.
c. Gary Winn - SEl.t8-~62 - Eel Point Road. Mike Bachman was
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of July 21, 1988 Page 20
present as agent for the applicant. Gary Winn was also present.
Mike said that Gary and his abutter were close to an agreement.
Mike pointed out the wetland boundary on the plan. Carl Borchert
said it the project was outside of the ConCom's jurisdiciton.
Mike explained his request for a split-rail fence as a minor
modification; he added that Mrs. Kolle would also like some kind
of retainer to keep people off the property, preferably 6 to 8
boulders. Gary said she had piles of dirt there now.
Henry Wasierski asked if the parking area were out of the
ConCom's jurisdiction. Mike said yes.
Bill Willet read a memo from the Town Counsel received July 20,
1988, stating that the ConCom must review and approve any plan to
move the road and parking area; the memo also stated that the
presumption is that the Town or County owns the roadway area.
Mike said the people who have the most rights in that area are
the abutters. Gary stated that he was not moving the road--that
is where it was supposed to be.
Henry asked if the only project within the Buffer Zone was i!O
feet of boulders. Mike said yes. Peter Dunwiddie said the
ConCorn should be careful not to mention anything about the road
in the decision. Lee Dunn asked if anything in writing had been
submitted describing the project. Mike said he could submit
something to this effect. It was decided that the vote on
whether or not the split-rail fence and the boulders are minor
modifications to the Order of Conditions would take place after
the ConCom reviews the new material. Lee said he foresaw no
problems with both projects as minor modifications.
d. Junk cars - off Millbrook Road. Ben McKelway stated that Ron
Santos thought the ConCom should get involved with this case:
whatever is within the ConCom's jurisdiction. Ben said there
were three options: putting it on the Field Inspection list,
sending the owners of the cars a letter, or issuing an
Enforcement Order. Lee Dunn wanted to see the site on a Field
Inspection.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of July 21. 1988 Page 21
Henry Wasierski pointed out that the Larrabees cannot get rid of
the cars because car-crushers cannot be used. Granville Cranston
said the Holdgate property is like this one, and the ConCom
should follow up on it also. if this case is pursued.
Donald Visco thought it would cause more of a mess if bulldozers
went in to drag the cars out. Henry wanted to table the
discussion.
e. Comments, questions from press and public - None.
5. Planning Board Referrals
a. Sankaty Realty Trust - off Burnell St. A motion was made to
advise the Planning Board that the proposed road is not subject
to the Wetlands Protection Act.
6. Correspondence - All Correspondence was read and accepted.
7. Minutes of June 23. 1988. A motion was made to accept the
Minutes as written. The motion was carried.
Minutes of July 7, 1988. A motion was made to accept the Minutes
as written. The motion was carried.
There being no other business, the meeting was adjourned at 10:~O PM.
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