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HomeMy WebLinkAbout1988-08-18 f f) 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 ) '-'" . n 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 i -." l- n 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 J /") 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. - J) 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 -) t) 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 _J f) 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 . ) '--' n 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 ~ ~;... ?.:- . f) 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: : ~ - ~) 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. i , _. ~.f} 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. - I n - , i l 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. {, 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 j -' r n 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. '--