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HomeMy WebLinkAbout1988-07-21 n 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 -- I~ .. 1 Town Conservation of Nantucket Commission ./ 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. /. 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, .~ ~ .;;;;l:.....~:'i:. f. r, 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. ; " ---..." /~ L ) 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. ) - !1} 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 _J ': L /~ 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 j. -' I"} 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 J. ~. ;. i .~; P) 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 } ~/. () 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 j - n 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. I , -- ### l") 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 ~-. , < () 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 tl 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. ~ "'--- ) /1 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. tit 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. ,-) (, 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. -..) 13. Used petroleum products from the maintenance of construction I~ 'I ~ 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. i## 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. n 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. ~ 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 j -. ~ n '. 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. ### ~) () 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. 'i 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. ~ .~ n 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 -} f} 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. - ~") 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. I ., -