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HomeMy WebLinkAbout1988-08-04 . r"\ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 AGENDA FOR AUGUST i!, 1988 A. REGULAR MEETING 1. Requests for Determination a. Department of Public Works - Sesachacha Pond B. PUBLIC HEARINGS 1. J. & J. Cochran et al - SE~8-~~2 - N. Beach St. 2. J. Seward Johnson - SEi!8-~97 - Almanac Pond Road. 3. J. & V. Nightingale - SE~8-~98 - 13 Wauwinet Road. ~. Nantucket Beachside Realty Trust - Beachside Hotel, N. Beach St. 5. Robert H. Bolling, Jr. - 11' Easton Street C. REGULAR MEETING Cont'd j -- 1. Requests for Determination b. C. K. Gifford - Shimmo Road c. Vincent A. Carrozza - Wauwinet Road d. Jessie Wielage - Oklahoma Avenue 2. Orders of Conditions a. Town of Nantucket - SE~8-i!97 - Nantucket Harbor dredging b. others? 3. Certificates of Compliance a. Richard & Jane Steadman - SE~8-481 - 23 Quaise Road b. John W. Bartlett - SE~8-l.t59 - 283 Hummock Pond Rd. c. Porter Cliff Realty Trust - SEi!8-398 - Folgers Lane d. The Woodbury Co. - SE~8-312 - Woodbury Lane e. Thomas/Zimmerman - SEl.t8-181 - Monomoy Creek Rd. ~. Other Business a. Gary Winn - SE~8-383 - Eel Point Road. b. Nancy Sullivan - Pocorno c. Sherburne Associates (SE~8-~35) - request for minor mod. d. K & B Realty Trust - (SEi!8-~69) - request for minor mod. e. Martha Wells - SEi!8-369 - validity of OIC & req. min. mod. f. Brochure - discussion of draft g. Sign personnel change forms h. Comments, questions from press and public 5. Correspondence 6. Minutes of July 21, 1988 7. Bills to be paid 8. Field Inspections - set date a. Porter Cliff Realty Trust - SEi!8-398 - Folgers Lane - CIC b. Cliffside Beach, Inc. - 26 Jefferson Ave. - NO! c. The Woodbury Co. - SEi!8-312 - Woodbury Lane - CIC l --=:.:> ~-\::=t- M\\'-~ ~~~~b -~~\~ .n Town of Nantucket Conservation Commission Town and County Building Nantucket. Massachusetts 02554 Minutes of August ~, 1988 Page 1 MINUTES OF AUGUST 4, 1988 The public meeting of August i!, 1988 was called to order at 7:32 PM. Members present were: William Willet - Chairman, Peter Dunwiddie - Vice Chairman, Lee Dunn - Secretary, Donald Visco, Granville Cranston, and Carl Borchert. Members absent were: Henry Wasierski - Treasurer. Administrator present: Ben McKelway. A. REGULAR MEETING 1. Requests for Determination a. Department of Public Works - Sesachacha Pond. Peter Dunwiddie abstained, but said he would like to participate in tQe discussion. Bill Willet read parts of the letter from Elizabeth Kouloheras of DEQE, dated August 25, 1987, which stated that written notice must be given to the landowners for any work done by the DPW under mosquito control. 'Bud Clute was'present; he made the following points: --opening the ponds is very important. --if, after the property owner is notified, he refuses to take action, then the DPW may open the pond. if it is a public health nuisance. --people cannot identify whether the mosquitos are saltwater or freshwater mosquitos. --he has tried to re-establish mosquito control, but has been shot-down; he has asked for the ConCom's cooperation numerous times to work together with the Board of Selectmen to clean the ditches. --the mosquitos are so bad. we are almost to the point again of ma~ing it necessary to spray with DDT. Mr. Clute stated that in the past there have been cases of encephalitis due to the mosquitos; he suggested the members of the ConCorn go and sit out at Sesachacha Pond in order to understand the severity of the problem. Michael Morgan, a resident of Quidnet, stated that he supported opening the pond. He said Sesachacha Pond is not fit for -" n Town of Conservation Nantucket Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August ~, 1988 Page 2 children to use in its present state because of the dead minnows and eel grass. He added that the Quidnet-Squam Association decided last year that something had to be done, and that this year's consensus was to do something sooner, rather than later. Robert Greenhill, property owner of the proposed cut location, was present. He stated that he was neutral about the issue, and was trying to understand it. Mr. Greenhill also stated that he was willing to put money into supporting a study of the situation. Lee L}man of Environmental Research, Inc. of Southbridge was present; he stated that the island has a good opportunity to have an unbiased study done, explaining the benefits and detriments to breaching and lowering the pond. Mr. Lyman added that if the pond is breached and flushed out, the opportunities to establish present conditions of the pond will be lost. Mr. Lyman thought it would be better to inventory the existing conditions over the next several months in order to determine what will be effective. Mr. Clute said he believed in studies, but thought enough studies had already been done; he wondered what the people in Quidnet would do in the meantime. He stated that. pond-openings were historical and that he would be happy to take people around to show them mosquito control measures. Mr. Clute added that Madaket has the most serious problem and that he would like to hear from the people in Madaket. Mr. Greenhill had two points to make: --that he would like to see the Board of Health and Mass. Audubon involved in the issue, as well as corrununity interest. --that if the pond were to be opened, he would like to see it done legally ~Tith a specific procedure outlined in the Order of Conditions. He added that he thought the mosquito control issue was a pretext. Bill Willet pointed out that the ConCorn was not making a Determinati~n about whether the work is necessary to control mosquitos. Mr. Greenhill said he would like to make it clear that he could pursue legal recourse, that the body making the decision would be t) Town of Nantucket Conservation Commission Town and County Building Nantucket. Massachusetts 02554 Minutes of August i!, 1988 Page 3 libel to him for trespassing. I ~ Donald Visco stated that Mr. Greenhill does not have all the information concerning the issue, and should not make threats to public officials. Donald suggested that Mr. Greenhill do more research on the Sesachacha Pond issues. Donald went on to say that people are not aware of the uni~ue situation of ponds on Nantucket and the rights of the inhabitants of Nantucket concerning those ponds. He added that Sesachacha Pond is a salt pond and needs to be opened two times a year; Donald also pointed out that the Selectmen have authorized making a cut. Mr. Greenhill stated that he came to the meeting because he thought it was sensible to cooperate, and that it is not his position to turn the pond into a fresh water pond. Pat Breiter was present; she said the U. Mass. study found the pond to be brackish and would become a fresh water pond if left alone because of the fresh water springs within it. She added that the top of the fresh water lens in the pond is a direct connection to the acquifer. Ms. Breiter said the pond was full of perch and that breaching in the past has caused the cut to widen and erode. She said the waves do not wash over the dunes, rather over the cut. Ms. Breiter stated that there are fresh water oysters in the pond. She concluded by saying, any salt will work its way through the whole system and we must start thinking about Nantucket's water problems. Granville Cranston said it was white perch in the pond. Vx. Clute pointed out that at Long Pond the water is fine and the=e is a shallow lens; he stated that the the fresh water lens was not connected to the acquifer in Sesachacha Pond. Mr. Clute added that if the mosquito control measure fails, it would be his fault. Carl Borchert asked how opening Sesachacha Pond would relieve the mosquito control problem. Carl pointed out that in a January letter to the DPW, the ConCorn gave permission to open the ditches; he could not understand how Mr. Clute could claL~ the ConCorn was not cooperating with the Selectmen. Mr. Clute conceded that both boards were to blame. " ,-.;,1< f) Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August 4, 1988 Page ~ Donald said the ConCom must rn~(e a decision as to whether it has any authority over the mosquito control issue; he added that his understanding was that the ConCom does not have this authority. I i ~ Town Health Inspector Richard Ray was present; he said he agreed with Mr. Clute that the mosquito problem is very bad and explained how he had received many telephone calls about the situation in Madaket. Mr. Ray urged the ConCom to agree for the town to clean the existing ditches as they lay, but to ensure that this not be a blanket policy for every pond. Mr. Ray went on to say that mosquito control in Madaket is a priority, but with some other ponds, it is not an issue. Ralph Seward of Eel Point Road was present; he stated that the mosquito problem in his area is very bad, and for the last 2-3 weeks, it has been impossible to go out or his house. Mr. Seward added that he and his family can no longer enjoy the beaches because they are constantly covered with mosquitos. Mr. Ray asked if it would alleviate the problem if the Madaket ditches were cleaned out. Mr. Clute said yes. Mr. Ray said that perhaps there is not enough information regarding Sesachacha Pond; he added that the real problem there is midges, not mosquitos. Nancy Sullivan, a Pocorno resident, voiced her concern about the mosquito problem in Pocorno. Mr. Ray stated that the property owners must be allowed to pursue a study of the conditions; he added that Sesachacha Pond problem cannot be defined under mosquito control. Bill Willet asked if the DPW could withdraw the application. Mr. Clute said no. Lee Burgoin was present; he stated that the DPW had made the application at the Selectmen's request. Diane Coombs of SP~B was present; she stated that in her records, Sesachacha Pond contains salt water oysters and fish. Ms. Coombs added that a great deal of studies, including studies by Ken Kelley, had been done already regarding Sesachacha Pond. Bill I ) _. 'I) Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August 4, 1988 Page 5 Willet stated that the issue tonight was mosquito control, not fisheries. Ms. Coombs replied that if the pond were opened, the salt water fish would eat the mosquito larvae. Kitty Pochman of the Nantucket Land Council was present; she stated that mosquitos are obviously a problem on Nantucket. Ms. Pochrnan said she had spoken to three mosquito control experts, Mark Buffone, John Doan, and David Boyes who told her that in order to have an effective program, the species must be evaluated, and the larval stage must be targeted. She explained that the experts had told her that lowering the level of Sesachacha Pond might have the opposite effect, because empQp~~ents would be created and the edges of the pond would be prime breeding habitat. Ms. Pochman stated that beach use was a legitimate complaint, but this issue must be an on-going project, not just something that comes up the first week in August; she urged the ConCom to consider Mr. Greenhill's offer to start a study. Mr. Clute stated that the prime concern is getting the water out of the ditches; he added that John Doan had taught them how to dig and clean the ditches. Ms. Pochman stated that Peter Dunwiddie had done a study of Sesachacha Pond and she would like to hear his input. Peter said that (contrary to what Mr. Clute had said earlier) he could identify the different types of mosquitoes. Donald Visco made a motion to issue a negative Determination. Lee Dunn said he would like some clarification--he asked if it was correct that the ConCorn has no authority over this issue, if the Board of Health determines it is an emergency. Ben McKelway said this was cor:ect. Lee said all the ConCorn has to do is verify that the Greenhills and Mass. Audubon have been notified. Donald said he would like to amend his motion to include in the Deter~mination that the applicant is subject to proper notification of the property owners. Bill Willet said this would be a blanket Determination. Linda Holland pointed out that the -.1 l) Town of Conservation Nantucket Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August i!, 1988 Page 6 Board of Health had not voted on the issue yet. Lee Burgoin said the vote was by the Selectmen in their role as the Board of Public Works. Lee Dunn stated that if the Board of Public Works decides to open Sesachacha Pond in order to abate the problem, then the recourse for people who disagree with this decision would be going to the Selectmen or the Board of Health. Ben McKelway said going to DEQE is the recourse. Lee Burgoin said that a letter from DEQE, dated August 25, 1987, stated that DEQE does not have control of a local Board of Health in mosquito control matters. Lee Lyman stated that it is ~~fortunate that a decision will be made without pulling the studies together; he added that regarding Sesachacha Pond. mosquitos are not even a proven problem. Bill Willet pointed out that the ConCorn was not here to determine that. Carl Borchert asked Mr. Greenhill if he had been notified under chapter 252. Mr. Greenhill said no. Carl stated the ConCom should not vote until this happens. Donald's motion was carried, three votes to one, to issue a negative Determination stating, the area described in the Request, is Subject to Protection Under the Act, but since the work meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: mosquito control. The following condition also appears in the Determination: ***CONDITION: The Co~~ission makes this Determination only on the condition that the owners of the barrier beach are notified and given time to abate the alleged nuisance in accordance with M.G.L. Chap. 252, Sec. 5B, as amended. Linda Holland asked if the DPW is now allowed to proceed with the opening. Donald replied not until the property owners are notified and given a deadline for abating the mosquito nuisance and that deadline has passed. .' -- ~~ Town of Nantucket Conservation Commission Town and County Building Nantucket. Massachusetts 02554 Minutes of August l.t, 1988 Page 7 B. PUBLIC HEARINGS I f I I 1. J. & J. Cochran et al - SE48-l.t42 - N. Beach St. Ted Tillotson was present as attorney for the applicant. John Shugrue was present as agent for the applicant. Mr. Tillotson stated that at the last hearing, the ConCom had asked that more topo work be done. He said that the engineer from IEP. James Freeman, had gone to the site to do the calculations and the result was less storage volume than in the original calculations. Mr. Tillotson added that copies of the calculations had been faxed to the abutter's engineers today. Peter Dunwiddie asked how many more points were shot. John Shugrue submitted a plan. Carl Borchert asked where the catch basin came in. ~~. Tillotson said it was off-site. Carl said it was not a true Isolated Land Subject to Flooding. Mr. Tillotson said it was a closed basin. Carl said it had an outlet. and that IEP says so too. Donald Visco said according to that logic. all do. Carl said the one at the Commons has no outlet. Donald asked if it was a leaching catch basin. John Shugrue stated it tied into North Beach St. drain, which could not take one quarter acre foot before it flowed out; he added that the Commons will take over one quarter acre foot. Donald stated that the area is Land Subject to Coastal Storm Flowage. Melissa Philbrick was present; she said that her client's engineer would like to review the plans. which he only received at i!:OO PM today, so he has an opportunity to go through the calculations. Ms. Philbrick added that her client does not oppose the project, but wants to allay his concerns. She requested a continuance of the hearing and full-size copies of the tope maps as well as the plan from John Shugrue. Bill Willet said the ConCom would also :ike full-size copies. Mr. Tillotson agreed to both requests. A motion was made to continue the hearing for more information. The motion was carried. ,) _. 2. J. Seward Johnson - SEi!8-i!97 - Almanac Pond Road. Bill Willet abstained. Mark Poor was present as agent for the applicant. f') Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August ~, 1988 Page 8 Mr. Poor made it clear that the Nor did not include the carriage house, only the barn was concerned. Since the work is now outside the 100-foot Buffer Zone, a motion was made to close the hearing and issue a Notification of Non-Significance. The following statement appears as the reason for the Determination: No resource area within 100 feet of proposed structure. Notice of Intent was originally filed for another site, for which no activity is now proposed. The motion was carried. 3. J. & V. Nightingale - SEi!8-~98 - 13 Wauwinet Road. John Nightingale was present. Bill Brown was present as attorney for the applicant; he said the total cost of the revegetation would be $15,315.50 for both the trees and the labor. Mr. Brown stated there would be 20 red maple trees, 32 tupelo trees, and 5 black cherry trees; he added that sassafrass may also be obtainable. Mr. Brown requested the ConCom not require any planting until the spring, because sassafrass and black cherry have a greater success rate if they are planted in the spring. He added that the sight review would take place in the fall. Carl Borchert asked about the performance bond. Mr. Brown said he would rather not have one; he said it would be possible to plant the tupelo and red maple in the fall. Bill Willet asked if the area was pretty stable now. Mr. Brown said yes. Donald Visco stated that the bond should be for more than the cost of the project. Lee Dunn suggested a $20,000 bond. Mr. Nightingale said the bond may not go over the total price. Lee said a bond could be obtained for any amount. ~rr. Nightingale said that $15,000 was already a lot of money. Donald said all that was needed was a statement from another engineer saying the project is worth $25,000. Mr. Brown said if a $20,000 bond could be gotten, then he would do so, otherwise a $15,000 bond would be obtained. ) ",--:' Mr. Nightingale asked if the planting should take place in the spring or in the fall. Carl said it is dryer in the fall, so the tupelo and red maple should go in then, and the sassafrass and ~ cherry should go in in the spring. Mr. Nightingale said that 'CL~~ I I I l . 1r'J Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August ~t 1988 Page 9 the area would not be significan~y wet in the spring; he added that whole thing was very unfortunate. Lee asked if there was a contingency plan for the plants that die. Mr. Brown stated there will be a review for 2-3 years. Bill Willet said the planting should all take place at the same time. A motion was made to close the hearing. The motion was carried. i!. Nantucket Beachside Realty Trust - Beachside Hotel, N. Beach St. Ben McKelway said the ConCom had received a request for a waiver from Joe Geller. Carl Borchert thought the ConCom could grant it. A motion was made to continue the hearing for a DEQE file number. The motion was carried. 5. Robert H. Bolling, Jr. - 11 Easton Street. Mr. Bolling was present as were his abutting neighbors, Mr. Nash, Mr. Gurley, and Mr. Greenleaf. Mr. Bolling explained the proposed project, saying he had tried at the June 9, 1988 meeting, to get the ConCorn to accept the project as a mi~or modification to the Nash and Greenleaf Orders of Conditions. However, he was told to file an NO I . Peter Dunwiddie said this project is the same as the Everett/Jackson/Low project which had fabric as part of the dune stablilization method. Mr. Bolling stated that the project is above the Mean High Water line, explaining that the project would protect the sensitive area by not allowing the waves to wash behind the return. Peter read from the Nor and asked if the work would be done from the beach side. Mr. Bolling said yes. Diane Coo~bs of SHAB was present; she wanted to know what time of year this is to be done. Ms. Coombs asked if there was a proposal or information as to where the loss or build-up of sand would go. She stated that SHAB was concerned about the sand harming the shellfish; she concluded by saying the project should not be done from August through September, during the scallop spat. l I jl.~ :1 .J Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August ~, 1988 Page 10 Mr. Bolling stated that more sand would get into the harbor if the project is not done; he said Mr. Nash was requesting it be done in the fall. Mr. Nash said he supported Mr. Bolling, that if the return is not protected, then it will be damaging to the bulkhead. . Peter asked if the beach grass planting would also take place in the fall. Mr. Bolling said yes. Carl Borchert said he was afraid DEQE might ask for an engineer's stamp on the plan. Lee Dunn said a certificate is needed from an engineer, stating that the project is done according to the plans. Carl said an as-built is generally required; he said the problem is that this sort of project was supposed to work on the North Shore but did not, so DEQE might not like the application. Carl suggested the applicant contact DEQE about these issues. Mr. Nash said that he was Mrs. Jackson's son-in-law; he stated that the Everett/Jackson/Low project on the North Shore was successful. Carl said that DEQE had a problem with it. Mr. Nash said the North Shore is different from the Harbor. Carl stated that the ConCom is inclined to go along with it, but DEQE might not be. A motion was made to continue the hearing for a DEQE file number. The motion was carried. C. REGULAR MEETING Cont' d 1. Requests for Determination b. C. K. Gifford - Shimmo Road. Jock Gifford was present. Bill Willet read from the Field Inspection report. There was a discussion about where the top of the bank is. Lee Dunn asked if there was a problem with the road. Peter Dunwiddie said the difficulty is that the 50 foot setback from the top of the bank would put the applicant in the wetland. Donald Visco stated that a waiver would be necessary. Lee wanted to know if it was a coastal bank. Peter said according to the Willet precedent, it is; he suggested that the applicant hire an environmental -) I t fl Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August ~, 1988 Page 11 consultant to determine this issue. Carl suggested that a note be added to the Determination stating. "brushcutting also may be subject to the Act. Any brushcutting on this lot requires advance approval from the Comlnission or its chairman." A motion was made to issue a positive Determination, with Carl's amendment, stating, the work described in the Request, is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act. Therefore. said work requires the filing of a Notice of Intent. The motion was carried. c. Vincent A. Carrozza - Wauwinet Road. Lee Dunn abstained. Peter Dunwiddie thought the ConCorn should issue a negative Determination with a note stating, "no activity of any kind is allowed below the top of the bank." A motion was made to issue a negative Determination, with Peter's amendment, stating, the work described in the Request is within the Buffer Zone, as defined in the requlations, but will not alter an Area Subject to Protection Under the Act. Therefore. said work does not require the filing of a Notice of Intent. The motion was carried. d. Jessie Wielage - Oklahoma Avenue. Glen Wills was present as agent for the applicant. Lee Dunn read from the Field Inspection report. Glen explained that the brushcutting would take place to open up access to the lot. Lee stated he was concerned about parking 15-20 feet from the wetland edge. Glen said the parking would not be overnight, rather mOTe for recreational purposes. Glen added that the area had been brushcut before. Peter Dunwiddie asked if the lines on the plan would be adhered to. Glen said yes. The ConCorn decided to add the following special conditions to the Determination: 1) No surfacing material may be added to the brushcut parking area and path. 2) Brushcutting is to take place only from the beginning of the footpath to the northern-most building. 3) A 20-25 foot natural, undisturbed area must be maintained J -' (') Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August i!. 1988 Page 12 between the parking area and the ioletland. A motion was made to issue a negative Determination, with the above special conditions, stating, the work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent. The motion was carried. 2. Orders of Conditions a. Town of Nantucket - SE~8-i!97 - Nantucket Harbor entrance dredging. Peter Dunwiddie read Ben's draft Order of Conditions. Lee Dunn s~~arized the special conditions as follows: the dredging should be done later in the fall, on an outgoing tide, and the spoils should be dumped one quarter mile north of the proposed site. Peter said this would cause the Corps to reschedule the whole project. Carl Borchert suggested changing March 1 to November 1 on special condition #3, which outlined the time period in which the dredging could take place. Donald Visco said he could not go along with the November 1 date, because he did not want to jeopardize the project; he suggested substituting September 15 instead. Donald also felt that requiring the project to be done on an outgoing tide was too restrictive. Carl pointed out that November 1 is when the scalloping season opens. Diane Coombs stated that SRAB did not approve of the window of time the Army Corps of Engineers had proposed. Donald asked if Ms. Coombs was representing SHAB. Ms. Coombs said yes. After some discussion, the ConCom decided to scratch special condition #l.t, which specified that the dredging nrost be done on an outgoing tide. A motion was made to accept the draft Order of Conditions with amendments as follows. The motion was carried with one opposing vote. ) - If"". ~. 1 Town of Nantucket Conservation Commission Town and County Building Nantucket. Massachusetts 02554 Minutes of August ~, 1988 Page 13 ADDITIONAL SPECIAL CONDITIONS TOWN OF NANTUCKET DEQE FILE NUMBER SEi!8-i!97 ~ 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. Dredging is permitted only between November 1 and June 1 and only with a hopper dredge. ~. All dredging spoils shall be deposited one-quarter mile north of the site proposed in the application. 5. 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. 6. Members and agents of the Commission shall have the right to enter and inspect the dredging area 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. 7. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 8. Used petroleum products and other debris produced by the project shall be collected and disposed of off-site. No on-site disposal of these items is allowed. ### . ) -' n Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August ~. 1988 Page 1~ 3. Certificates of Compliance a. Richard & Jane Steadman - SE~8-~81 - 23 Quaise Road. Melissa Philbrick was present as attorney for the applicant. Ms. Philbrick stated that the bank is not stable and never will be. She said at the original presentation, it was made clear that the bank was going to wash out. Ms. Philbrick added that the applicants cannot be held hostage to the board. Ben McKelway said that the project was not quite done according to the Order of Conditions. Peter Dunwiddie read from the Field Inspection report. Ms. Philbrick said the Order called for more jute netting, but an additional 3 foot section would not have helped. Peter said that he agreed with this. Ms. Philbrick stated that the problem is that the road is not the Steadman's property. Donald Visco said the abutters own the road. Carl Borchert said the owners should use more boulders. Peter said that would not help because the water is cutting away underneath the boulders. A motion was made to issue a Certificate of Compliance. The motion was carried. b. John W. Bartlett - SEi!8-~59 - 283 Hummock Pond Rd. Bill Willet read frornt the Field Inspection report. Amotion was made to issue a Certificate of Compliance. The motion was carried. c. Porter Cliff Realty Trust - SE~8-398 - Folgers Lane. It was decided a Field Inspection was needed. d. The Woodbury Co. - SE~8-312 - Woodbury Lane. Renee Ceeley was present as agent for the applicant; she explained the applicant's request for a partial Certificate of Compliance. Peter Dunwiddie read a letter from Bruce Poor, dated August 2, 1988. A motion was made to issue a partial Certificate of Compliance. The motion was carried. J e. Thomas/Zimmerman - SEi!8-181 - Monornoy Creek Rd. Bill Willet abstained. Arthur Reade was present as attorney for the applicant. Jeff Blackwell was present as agent for the l} Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August ~, 1988 Page 15 applicant. Mr. Blackwell stated that a copy of the as-built plan along with a copy of the Certificate of Compliance from the Board of Health were in the file. Ted Tillotson stated that compliance with Title 5 is part of the Order of Conditions, yet the septic system is not in compliance. Mr. Tillotson also wanted to know if the house was in the same location as the Order of Conditions stipulated. Reviewing the plans, Lee Dunn said it looked pretty close, maybe off by 1 foot. Arthur Reade stated that the spacing between the septic system and the bank is an improvement. Lee said it appeared that the house was further back from the bank than proposed. Donald Visco said he saw no problem now that the Board of Health had issued a Certificate of Compliance. A motion was made to issue a Certificate of Compliance. The motion was carried. ~. Other Business a. Gary Winn - SEi!8-383 - Eel Point Road. - Not discussed. b. Nancy Sullivan - Pocomo. - discussed earlier under Sesachacha Pond. c. Sherburne Associates - SE48-i!35 - request for a minor modification. Warren Lowry was present as agent for the applicant. Mr. Lowry submitted some plans and explained the applicant's request that the Order of Conditions be amended to include the previously unlicensed piers, which are shown in red ou the plan. He stated that the piers have been in since 1963, and assured the ConCorn that once they are legalized, nothing else will be done with them; he added that the dredging will not be affected. Mr. Lowry said the work needs to be done because the facilities must be deeper. J Lee Dunn asked if the ConCom had received a letter and plan from a registered engineer. Mr. Lowry said no, but that he was a registered engineer. Lee said he saw no problem with granting a minor modification, but the ConCom needed the above-mentioned documents. Mr. Lowry asked if he could t~ce the liberty of .[1 ! I Ii .' -' I i l Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August ~, 1988 Page 16 adding a paragraph to the Order of Conditions concerning the piers. Carl Borchert said no, the ConCom will write a letter to this effect. Lee asked how DEQE would know that a minor modification to an Order of Conditions had been issued. Carl said it was up to the applicant to let DEQE know. A motion was made to accept the applicant's request for a minor modification to the Order of Conditions. The motion was carried. d. K & B Realty Trust - SE~8-~69 - request for a minor modification. Melissa Philbrick was present as attorney for the applicant; she explained that the request concerned bringing the local Order of Conditions into consistency with the with the Superceding Order of Conditions, issued by DEQE, which denied the filling and replication of approximately 1600 square feet of vegetated wetland. A motion was made to accept the applicant's request for a minor modification to the Order of Conditions. The motion was carried. e. Martha Wells - SEi!8-369 - validity of O/C & request for a minor modification. Ted Tillotson was present as attorney for the applicant. Arthur Teasdale was present as agent for the applicant. Mr. Tillotson stated that the purchaser of the house would like to relocate the house further from the wetlands. Carl Borchert stated there should be no disturbance between the house and the sand. Mr. Tillotson asked if the Order of Conditions is still valid. The answer was yes. Bill Willet read a letter from ~tr. Teasdale, dated July 25, 1988, requesting the minor modification. Donald Visco asked if the square footage of the house will be increased. Mr. Teasdale said yes, from 2~OO to 2600 square feet. Lee Dunn asked how much closer to the bank the house would be. Mr. Teasdale said maybe a couple of feet. Carl Borchert asked if all the old trees on the lot are going to be saved. Mr. Teasdale said yes. A motion was made to accept the applicant's request for a minor modification to the Order of Conditions. The motion was carried. f. Brochure - discussion of draft. - Not discussed. .,. I /} Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of August i!, 1988 Page 17 h. Comments, questions from press and public - None. 5. Correspondence - Not discussed. 6. Minutes of July 21, 1988. A motion was made to accept the Minutes as written. The motion was carried. ADDITIONAL BUSINESS Re: Brushcutting. Melissa Philbrick submitted a plan of the Mills property on Polpis Road, pointing out the proposed area where the brushcutting would occur. Ms. Philbrick said she wanted to check it out with the Commission to make sure {t would not be a problem. Lee Dunn asked if any of the land was wet. Ms. Philbrick said no; she added that Tina Coughcanowr would be at the site. The ConCorn decided there was no problem with the brushcutting project. There being no other business, the meeting was adjourned at 10:55 PM. J --