HomeMy WebLinkAbout1988-08-04
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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
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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
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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
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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
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of August i!, 1988 Page 3
libel to him for trespassing.
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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.
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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.
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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
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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
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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.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of August l.t, 1988 Page 7
B.
PUBLIC HEARINGS
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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.
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2. J. Seward Johnson - SEi!8-i!97 - Almanac Pond Road. Bill Willet
abstained. Mark Poor was present as agent for the applicant.
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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