HomeMy WebLinkAbout1988-08-18
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
AGENDA FOR AUGUST 18, 1988
A. PUBLIC HEARINGS
1. J. & J. Cochran et al - SE~8-~~2 - N. Beach St.
2. Nantucket Beachside Realty Trust - SE~8-500 - N. Beach St.
3. Robert H. Bolling, Jr. - SE~8-50~ - 11 Easton Street
~. Cliffside Beach, Inc. - SE~8-~99 - 26 Jefferson Ave.
5. Herbert Cabral, Jr. - 6~ Miacomet Avenue
6. Eger/Andlinger - off Chase Lane
7. Richard H. Brooks - 63 West Chester Street
8. Stephen R. Swift - 10 Old Quidnet Milk Route
9. Charlotte Sanford Mason - SE~8-505 - 197 Eel Point Road
10. Nantucket Yacht Club - South Beach Street
11. Town of Nantucket - SE~8-~97 - Nantucket Harbor entrance dredging
B. REGULAR MEETING
1. Orders of Conditions
a. J. & V. Nightingale - SE~8-~98 - 13 Wauwinet Rd.
b. others?
2. Certificates of Compliance
a. Porter Cliff Realty Trust - SE~8-398 - Folgers Lane
3. Other Business
a. The Woodbury Co. - SE~8-312 - Woodbury Lane
b. Lawrence Pfaff - SE~8-~63 - Alabama Ave, Madaket
b. Brochure - discussion of draft
c. Comments, questions from press and public
~. Correspondence
5. Minutes of August ~, 1988
6. Bills to be paid
7. Field Inspections - set date
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 18, 1988 Page 1
MINUTES OF AUGUST 18, 1988
The public meeting of August 18, 1988 was called to order at 7:30 PM.
Members present were: Bill Willet - Chairman, Lee Dunn, Donald Visco,
Carl Borchert and Henry Wasierski. Members absent were: Peter
Dunwiddie and Granville Cranston. Administrator present: Ben McKelway.
Recording Secretary: Marcia Litchfield.
A. PUBLIC HEARINGS
1. J. & J. Cochran et al - SE~8-~~2 - No. Beach Street (29-86).
Ted Tillotson of Sherburne, Powers and Needham was present as
attorney for the applicant and John Shugrue was present as
agent. Kevin Dale of Vaughan, Dale and Philbrick represented
abutter Wallace Yaffee.
Bill Willet read a letter dated Aug. 17, 1988 from Beals and
Thomas expressing Mr. Yaffee's concern that insufficient
information had been submitted to allow the Commission to
accurately determine the impacts of the proposed project on
adjacent properties. Mr. Tillotson referred to the letter as
balderdash and requested the hearing be closed tonight. Mr.
Dale, speaking for Mr. Yaffee, respectfully requested a
continuance of the hearing pending receipt of drainage
calculations and additional detailed plans including rim and
invert elevations for the proposed utilities, a drainage system
for the roadway itself and pavement and house locations for the
proposed house lots.
There was continued discussion about whether this site may be
defined as an Isolated Land Subject to Flooding. The state and
local definitions of ILSF's and the new Nantucket Wetlands
Regulations were reviewed. Mr. Shugrue was asked to comment on
the drainage situation. He said the calculations could
conceivably change by 50 - 100 yards when the work is actually
done, however any excess runoff would go into the Town drainage
system. Mr. Dale said his client merely wanted the ConCom to
have the most accurate information available when they have to
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 18, 1988 Page 2
render a decision. He felt the current plans were inadequate to
satisfy all concerns.
Carl Borchert stated simply that under the Nantucket Wetlands
Bylaw this is a true wetland and that he would never vote to
fill it. He said the ConCom just can't allow filling of
wetlands if it has been determined they are significant. In
this case, it would be as flood storage. Mr. Tillotson said
that argument would never stand up in court because the State
regulations take precedence.
Lee Dunn and Kevin Dale felt it was critical to know how much
land is to be covered and to what depth (vol. of fill, etc.).
Donald Visco disagreed with Carl and allowed as to how perhaps
a majority of the Commission did not agree on a wetland
definition for the lot. Mr. Tillotson went on to give a history
of filling in the area by other property owners and admitted it
may have been done against better judgment. Nevertheless,
the applicant now wishes to regrade his property to match the
existing grades of surrounding properties. He again requested
the hearing be closed. Mr. Dale, for the record, stated his
client wished the hearing be continued for additional
information.
A motion was made to close the hearing. The motion was
carried.
2. Nantucket Beachside Realty Trust - SE48-S00 - N. Beach Street
(42.4.4-9). After minimal discussion, a motion was made to
close the hearing. The motion was carried.
3. Robert H. Bolling, Jr. - SE48-S04 - 11 Easton Street (42.1.~-~).
The stamped plans requested had been received. A motion was
made to close the hearing. The motion was carried.
~. Cliffside Beach, Inc. - SE48-~99 - 26 Jefferson Ave. (30-4~).
Robert Currie was present as applicant and described the
project. The original Order of Conditions for the project,
dated July 8, 1982, had expired. Because the project was a
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of August 18, 1988 Page 3
phased development and knowingly long-term, the applicant had
erroneously let the Order expire. Mr. Currie explained that
this proposed phase of the plan was more attractive than it had
been originally, was further away from the edge of dune
vegetation and there were to be fewer and smaller buildings than
before.
There was discussion about roof heights and a photo in the file.
Rosa rugosa will be added to reduce windscour. Mr. Currie said
the project will not have adverse effects on the resource area
in which it is located. Ben McKelway said this application
requires a waiver because it is for work within a resource area
and that the applicant satisfied both tests requiring a waiver.
A motion was made to close the hearing. The motion was carried.
Ben was asked to draft the waiver and Order of Conditions for
the next meeting.
5. Herbert Cabral, Jr. - 62 Miacomet Ave. (67-353). John Shugrue
was present as agent for the applicant. He said to correct the
address in the application from 6~ to 62 Miacomet Ave. He was
asked to send a letter to that effect for the file.
A motion was made to continue the hearing for a DEQE file
number. The motion was carried.
6. Eger/Andlinger - off Chase Lane (21-118.2). The results of a
recent field inspection were read. Ray Eger was present with
John Shugrue as his agent. They described the project designed
to provide Mr. Eger with decent access to his upland property.
There was discussion about the distance between the proposed
road and a small pond, as well as an apparent mistake on the
map of where an existing road is actually located. Henry
Wasierski wanted to see that the plans be accurate.
A motion was made to continue the hearing for another field
inspection, more information about the distance to the pond and
a DEQE file number. The motion was carried.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 18, 1988 Page ~
7. Richard H. Brooks - 63 West Chester Street (~1-222). Richard
Brooks was present with John Shugrue as his agent. The results
of a recent field inspection were read (June 20, 1988 Planning
Board Referral) which stated a NOI was required because of the
ditch on the property.
The exact location of sensitive fern growing on lot #8 was
clarified. A motion was made to continue the hearing for a DEQE
file number. The motion was carried.
8. Stephen R. Swift - 10 Old Quidnet Milk Route (20-8.5). Stephen
Swift was present with Robert Daylor of Daylor Consulting Group
as agent. Mr. Daylor explained in detail his choice of
alternatives for the type and the mechanics of this driveway.
It is the only means of access to Mr. Swift's developable land.
Mr. Daylor said this project satisfies the general requirements
of limited project driveways, as set forth in a DEQE memo #88-2.
He had looked at a number of alternatives and had chosen to
float the driveway. This would involve clearing as little as
possible, taking out 6 - 7 trees max. The drive will be 10 ft.
wide (the absolute min. allowable) and have a stone dust surface
on top of the organic mat.
The applicant also requested a waiver from the wetlands
replication requirement because he felt he would have difficulty
in providing the organic substrate usually included in wetlands
replication plans as the project does not include the excavation
of muck soils. Additionally, he felt the work required to
create the compensation could create more of a disturbance to
the swamp than the proposed driveway work. Mr. Daylor said the
applicant was willing to abide by whatever the ConCom required,
but preferred to not do apy replication because of the sensitive
nature of the area.
The determination of flood zone elevation was examined, the
possibility of waterflow obstruction was discussed and the
specifics of the driveway construction and materials were
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 18, 1988 Page 5
described in detail. The site is located within a rare species
habitat area as defined by the Mass. Natural Heritage and
Endangered Species Program. The Spotted Turtle is listed as a
Species of Special Concern in this area. Mr. Daylor had spoken
with a Program representative who told him that varying the
amount of light in the Turtles' habitat may affect the sex ratio
of their eggs and could adversely affect their population
status. The Program advised against any extensive clearing of
vegetation which could change the ground temperature
or size of open areas potentially used by the turtles.
Lee Dunn thought there should be some amount of replication even
if it took 20 years to complete. He agreed that it definitely
qualified as a limited project.
A motion was made to continue the hearing for a DEQE file number
and a written response from the MNHESP about the Spotted
Turtles. The motion was carried.
9. Charlotte Sanford Mason - SE~8-505 - 197 Eel Point Road (38-1).
No representative was present for the applicant. The results of
a recent field inspection were read. The site is located within
a rare species habitat area as defined by the Mass. Natural
Heritage and Endangered Species Program.
A motion was made to continue the hearing for a response from
the MNHESP and discussion with the applicant or an agent. The
motion was carried.
10. Nantucket Yacht Club - South Beach Street (~2.~.2 -). Thomas
Pochman, General Manager of the Yacht Club, was representing the
project and he described the plans in detail.
Most of the discussion was about whether or not the Club
controls the perimeter of this boat basin and whether the
project would have any adverse effects on public recreation as
provided for in the local regulations. Lee Dunn thought it may
present a minor encroachment on a public waterway area. Ben
McKelway said he was in the process of contacting Town Counsel
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 18, 1988 Page 6
on this very matter and would have a response at the next
meeting.
A motion was made to continue the hearing for a response from
Town Counsel on the Town's rights to land under water and a DEQE
file number. The motion was carried.
11. Town of Nantucket - SE~8-~97 - Nantucket Harbor Entrance
dredging (actually discussed at 7:30 PM). A request dated Aug.
11, 1988 had been received from the Nantucket Board of Selectmen
to reopen this hearing so that a solution could be found which
would both allow the dredging of the Harbor at no cost and
adequately protect the interests of the shellfish industry. An
Order of Conditions was issued on Aug. 5, 1988.
A letter from Brad Barr, MCZM Dredging Coordinator, dated August
~, 1988 was read which said the project posed no great threat to
the shellfish beds. Mr. Barr had evaluated the dredged material
and considered the potential for significant impact to be
minimal. He said the concentrations of suspended sediment would
be too low and the duration of exposure too brief to cause any
lethal or sub-lethal effects to shellfish based on his knowledge
of the scientific literature.
George Rezendes, Nantucket Marine Superintendent, gave details
of the dredging schedule. A W, MV & NANT Steamship Authority
memo dated March 2~, 1987 was read which outlined some
unexpected repair costs resulting from worsening shoaling
conditions and damage to their vessels.
Phillip J. Parent, Operations Manager for the Steamship
Authority, was present with one of the Steamship Captains, Bruce
Mellanfont. Mr. Parent offered to field any questions from the
Commission. Bill Willet asked how long it would be until the
channel would be unusable. Mr. Mellanfont said they would start
having serious problems within a year if shoaling continued at
its present rate.
Donald Visco reminded everyone that the Town was looking at
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 18, 1988 Page 7
about a half million dollars' worth of free dredging from the
Army Corps of Engineers if this dredging schedule were followed.
He favored amending the Order of Conditions to accommodate all
interests involved, but not change the schedule. He felt the
Corps was being very cooperative and flexible.
Henry Wasierski brought out the point that the Steamship
Authority had been considering this problem for about ~ - 5
years and he took offense that the filing had been made so close
to the proposed dredge dates, as if to shove it down the
ConCom's throat. Carl Borchert thought it was good that the
Corps had agreed to change the dumping site, however he
expressed some concern about its close proximity to the channel
where it may fill back in sooner than if the dump site were
located farther away. Donald Visco cited the natural problem of
sand movement in this area.
Raymond DeCosta said, from his experience fishing for 35 years
along the north shore and as a scalloper, he thought the sand
which shoals up in the channel originates at Eel Point and
Dionis, showing a west to east movement. Therefore, the dump
site looked good to him and movement back into the channel by
the dredge spoils would be minimal. He added that there is
more damage being done to the shellfish beds nowadays by
waterskiers than anything else.
John McLaughlin, speaking for the Nantucket Board of Selectmen,
said the Board is 100 percent behind any decision the Commission
may make and expressed the urgent need to act as soon as
possible to avoid any negative impacts on ferry service to the
Island. He added that 35 years ago there was very little sand
movement around the jetties and Brant Point.
As a final note, Donald Visco wished to point out that
scalloping will never be as good as it used to be at the
horseshed and along Hulbert Ave. because when raw sewerage
entered the Harbor there was abundant nutrient growth upon which
the scallops thrived. The enactment of new regulations which
limit raw sewerage may actually lead to declines in the scallop
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of August 18, 1988 Page 8
population in the Harbor.
A motion was made to close the hearing and issue an amended
Order of Conditions. The motion was carried.
B. REGULAR MEETING
1. Orders of Conditions
a. J. & V. Nightingale - SE~8-~98 - 13 Wauwinet Road (20-~2).
A letter from the Nightingales was read which requested the
issuance of the Order of Conditions be postponed to another date
because their attorney, William Brown, could not be present
tonight. They, therefore, agreed to waive the 21-day period
normally imposed on issuance of such. The Order will be issued
at the Sept. 1, 1988 meeting.
b. Town of Nantucket - SE~8-~97 - Nantucket Harbor Entrance
dredging. A motion was made to accept a draft Amended Order of
Conditions which differed from the original Order on the
following points:
Special Condition *~ is changed to read as a new Condition:
Until the dredging of the northernmost of the two sites has been
completed, the southernmost site shall be dredged only on the
outgoing tide.
Special Condition *5 now reads: All dredging spoils shall be
deposited in the northernmost half of the designated disposal
site.
Special Conditions *5 - *8 are now numbered *6 - *9, but read
the same.
The motion was carried.
c. Nantucket Beachside Realty Trust - SE~8-500 - N. Beach
Street (~2.~.~-9). A motion was made to accept a draft Order of
Conditions as follows:
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August lB, 19BB Page 9
ADDITIONAL SPECIAL CONDITIONS
NANTUCKET BEACHSIDE REALTY TRUST
DEQE FILE NUMBER SE4B-500
The Commission hereby grants the applicant a waiver from Section
3.02(B)(1) 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 is likely, in fact, to improve the drainage
characteristics of the site. 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 is
approved in accordance with the Notice of Intent and all
attachments and specifications, the most recent plans cited on
Form 5, the general and special conditions on Form 5, and the
following additional special conditions:
3. Prior to any activity at the site, a siltation fence shall
be installed along the entire upland edge of the established
wetland boundary. After the fence is installed, notice shall be
given to the Nantucket Conservation Commission. No work shall
begin on the site for 48 hours after said notice is given, so as
to allow Commission members time to inspect the fence and any
other siltation devices.
4. The siltation fence, 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 fence
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.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 18, 1988 Page 10
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. 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
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.
7. 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.
8. 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.
9. This document shall be included in all construction
contracts and subcontracts dealing with the work proposed and
shall supersede other contract requirements.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 18, 1988 Page 11
10. 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.
11. Dust control, if required, shall be limited to water. No
salts or other wetting agents shall be used.
12. 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.
13. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
The motion was carried.
d. Cliffside Beach, Inc. - SE~8-~99 - 26 Jefferson Ave.
(30-i!~). A motion was made to have Ben McKelway compose a draft
Order of Conditions for the Sept. 1, 1988 meeting. The motion
was carried.
2. Certificates of Compliance
a. Porter Cliff Realty Trust - SE~8-398 - Folgers Lane
(~2.~.~-33). The results of a recent field inspection were
read. A motion was made to deny the request for a Certificate
of Compliance and to send the following letter:
Based on a field inspection August 15, the members concluded
that the work has not yet been completed and thus the drainage
system is not working. Specifically:
1. The grate is clogged.
2. Final filling, grading, and slope stabilizing have not been
done; the hillside is eroding bare earth.
3. All drainage goes to either side of the system.
~. The stoned ditch is not properly constructed; it should be
lower in the middle than it is on the sides.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 18, 1988 Page 1~
Additionally, we need a stamped as-built plan with a written
statement from a professional, certifying substantial compliance
with the plans and setting forth what deviation, if any, exists
from the plans approved in the Order of Conditions, as required
by 310 CMR 10. 05 ( 9 ) ( d) .
The motion was carried.
3. Other Business
a. The Woodbury Company - SE~8-312 - Woodbury Lane (~1-5~3).
Robert Daylor of Daylor Consulting Group was present as agent
with Rene' Ceeley of the Woodbury Co. Mr. Daylor requested a
partial Certificate of Compliance for a roadway and utilities
currently completed. An Extension Permit for the entire project
was also requested. Ms. Ceeley said the Planning Board had
already granted lot releases and the sites in the request are
ready for ConCom inspection. A field inspection was scheduled
for Aug. 22, 1988.
b. Lawrence Pfaff - SE~8-~63 - Alabama Ave., Madaket (60-130).
A letter from Mr. Pfaff was read which requested permission to
make a minor modification to his Order of Conditions. A motion
was made to send a letter stating these changes to be minor and
therefore a new Notice of Intent is not required for the work.
The motion was carried.
c. Brochure - discussion of draft. Some revisions to the draft
were discussed. It was debated whether to keep one particular
section which stated that productivity in an acre of saltmarsh
exceeds that found in an Iowa cornfield. There was doubt about
whether the layperson would know what productivity was. The
majority favored keeping it in. Ben McKelway agreed to produce
the final draft.
(10:20 PM - Donald Visco left the meeting)
d. Comments, questions from press and public. Steven Scannell
- Sesachacha Pond and definition of "waterway." Private citizen
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of August 18, 1988 Page 13
Steven Scannell said in his op~n~on that Sesachacha Pond is a
waterway and should be treated as such, although when asked he
could not define the word. He said maintenance dredging should
be routine in order to maintain the health and function of the
waterway.
Carl Borchert said the ConCom does not operate under any
regulations which would define Sesachacha Pond as a waterway.
Mr. Scannell went on to argue that it was because water flows
and the pond has been historically maintained as a waterway. He
insisted that the ConCom rule Sesachacha Pond be classified as a
waterway. He demanded answers to his questions and opinions
from the Commissioners. He also demanded this issue be put on
the next agenda for further discussion and so that an informal
ConCom opinion may be rendered.
~. Correspondence
Reading from a summary of the correspondence of July 22 - Aug.
18, 1988, the Priority Items and Citizen Complaints referred to
the ConCom were read and the other items listed under Town of
Nantucket, Reports, Sem~nars and Newsletters were accepted. Ben
McKelway encouraged all Commissioners to review the summary.
5. Minutes of August ~,1988. A motion was made to accept the
minutes with a correction on page 10. The motion was carried.
There being no other business, the meeting adjourned at 10:~7 PM.
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