HomeMy WebLinkAbout1988-09-01
Town of Nantucket
l) Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554 AGENDA FOR SEPTEMBER 1, 1988
A. PUBLIC HEARINGS
1. Herbert Cabral, Jr. - SE~8-503 - 62 Miacomet Avenue
2. Eger/Andlinger ~ off Chase Lane
3. Richard H. Brooks - SE~8-502 - 63 West Chester Street
~. Stephen R. Swift - SE~8-501 - 10 Old Quidnet Milk Route
5. Charlotte Sanford Mason - SE~8-505 - 197 Eel Point Road
6. Nantucket Yacht Club - SE~8-508 - South Beach Street
7. Michael & Barbara Cain - SE~8-507 - ~5 Baxter Road.
8. Wayne Mosher - SEi!8-506 - 17~ Cliff Road.
9. Richard Corkish, Jr. - SE~8-509 - 320 Polpis Road
B. REGULAR MEETING
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1. Requests for Determination
a. Susan R. Perry - Madaket Road
b. Theodore Cross - Easton Street
2. Orders of Conditions
a. J. & V. Nightingale - SE~8-~98 - 13 Wauwinet Rd.
b. J. & J. Cochran et al - SE~8-~~2 - N. Beach Street
c. Robert H. Bolling, Jr. - SE~8-50~ - 11 Easton Street
d. Cliffside Beach, Inc. - SE~8-~99 - 26 Jefferson Ave.
e. others?
3. Extension Permits
a. Woodbury Lane - SE~8-312 - entire project
b. Cranberry Construction Co. - SE~8-~25 - West Chester St. under
local bylaw only
~. Certificates of Compliance
a. Woodbury Lane - SE~8-312 - roadway, utils, drainage etc.
partial
b. Woodbury Lane - SEi!8-312 - Lot 1~ only - another partial
c. Harold Wheldon - SE~8-28~ - Baltimore Ave., Madaket
5. Other Business
a. Extensive brushcutting on Mills property off Polpis Road
b. Brochure - How many to print?
c. The law on environmental impact studies -- has it been broken?
(Steven Scannell)
d. Contribution to new study of Sesachacha Pond?
e. Comments, questions from press and public - Austin Farm Estates
- SE~8-336 - discussion
6. Correspondence
7. Minutes of August 18, 1988
8. Bills to be paid
9. Field Inspections - set date
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 1
MINUTES OF SEPTEMBER 1, 1988
The public meeting of September 1, 1988 was called to order at 7:31 PM.
Members present were: Bill Willet - Chairman, Peter w. Dunwiddie, Lee
Dunn, Carl Borchert, Donald Visco, Granville Cranston and Henry
Wasierski. Members absent: none. Administrator present: Ben
McKelway. Recording Secretary: Marcia J. Litchfield.
A. PUBLIC HEARINGS
1. Herbert Cabral, Jr. - SE~8-503 - 62 Miacomet Ave. (67-353)
John Shugrue was present as agent for the applicant and
submitted a letter formally correcting the address in the
application from 6~ Miacomet Ave. to 62 Miacomet Ave.
A motion was made to close the hearing. The motion was
carried.
2. Eger/Andlinger - off Chase Lane (25-118.2). John Shugrue was
present as agent with applicant, Ray Eger, and requested a
continuance of the hearing.
Ben McKelway summarized a letter from the Mass. Natural
Heritage and Endangered Species Program which determined that
this project does not occur within the actual habitat of a rare
state-listed wetlands wildlife species, however recommended
avoiding direct impacts to the pond and adjacent wetlands
because of the possible occurrence of a rare species in those
areas. In addition, Ben said that Steven Roble of the Program
he had asked if the new cul-de-sac was necessary and if it could
be moved further away from the pond.
A motion was made to continue the hearing for a DEQE file
number. The motion was carried.
3. Richard H. Brooks - SE~8-502 - 63 West Chester Street (~1-222).
A motion was made to close the hearing. The motion was
carried.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 2
~. Stephen R. Swift - SE~8-501 - 10 Old Quidnet Milk Route
(20-8.5). Robert Daylor of Daylor Consulting Group was present
with Mr. Swift.
A letter from the Mass. Natural Heritage and Endangered Species
Program was read which determined that this project occurred
within the actual habitat of the Spotted Turtle, classified as a
"Species of Special Concern" by the Program. They said the
project would create a serious intrusion into this critical
wetland used by the Spotted Turtles in Squam Swamp. They also
stated the project would adversely affect the habitat through
substantial filling of the wetland, alteration of hydrology,
creation of an extensive barrier to free movement in spite of
the proposed culverts and fragmentation of the critical habitat.
It was also noted that limited projects are not exempt from the
rare species performance standards.
Bob Daylor respectfully requested a continuance of the hearing
to allow the applicant's turtle expert to confer with the
Heritage Program's expert. A letter from Daylor to the
Commission dated Sept. 1, 1988 was submitted discussing the
Spotted Turtle issue. He said the site has never been visited
by a Program representative and Steve Swift added he had never
observed any Spotted Turtles at the site. With regards to
replication plans and impacts on the Turtles, Mr. Daylor planned
to have Peter Auger, a herpetologist from Centerville, view the
site and issue a determination as to the value of the driveway
area to Spotted Turtle habitat. He said Mr. Auger has had
mitigation experience with Diamondback Terrapins on Cape Cod. A
new enlarged locus map was also submitted.
Donald Visco brought out several points regarding the status of
the lot. He recommended the applicant produce the subdivision
plan to avoid possible problems with an easement in the future.
This document would help clarify whether it is registered or
unregistered land, confirm the status of the Old Quidnet Milk
Route and the rights of other landowners in the area. He was
not convinced the proposed driveway site was Mr. Swift's only
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page...3
legal access to his land and said the burden of proof was on
him. Henry Wasierski added that Mr. Swift should have
recognized these problems when he bought the lot. Mr. Swift
stated that this upland lot had been priced higher than the
others in the area and he had always seen it as buildable.
Ben McKelway asked Mr. Swift about approaching the Nantucket
Board of Appeals about building on an alternate lot. Bob Daylor
said building elsewhere was not a possiblity due to the many
variances that would be needed. Ben added this lot as it is
requires a variance from the ConCon's own regulations because of
the proposed alteration of a Red Maple swamp.
Lee Dunn asked how much more expensive a bridge would be. Mr.
Daylor said the weight of a crane and other heavy equipment and
building a foundation would be far more damaging than the work
involving floating the driveway. Mr. Swift's existing lot,
setback requirements and easements were discussed. Donald Visco
suggested setting up an easement now before selling the original
lot and added that the centerline of a private way may be used
when measuring setback distances for septic systems.
Peter Dunwiddie said if Mr. Swift could add onto this lot,
perhaps he could get a setback waiver. He thought there would
seem to be many other preferable alternatives to the one being
proposed. Ben McKelway spoke on a recent phone conversation he
had had with Mr. Daylor in which he had requested written
evidence proving this was truly the only legal access. Ben said
that it had not yet been received and also that he was surprised
to see something different on the map submitted tonight. Mr.
Daylor agreed to produce the evidence in writing to settle the
question of ownership rights.
Donald Visco offered a history of the Old Quidnet Milk Route and
how the route had varied according to the season and how wet it
was. Henry Wasierski was concerned about abutters' rights and
frontage rights. Peter Dunwiddie said he would hate to lose
more than 13,000 sq. ft. of wetland just because of some paper
road that goes nowhere.
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Town of
Conservation
Nantucket
Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page ~
Ben McKelway outlined for the applicant the new information
being requested:
1. provide deed or Certificate of Title
2. status of Old Quidnet Milk Route - what he owns of it
3. in writing: previous attempt to obtain other access
~. feasibility of moving the road to make other upland site big
enough to be a housing site, so as to be next to the Old
Quidnet Milk Route.
5. Spotted Turtle evidence
6. information about the bridge alternative
A motion was made to continue the hearing for more information
from the applicant. The motion was carried.
5. Charlotte Sanford Mason - SE~8-505 - 197 Eel Point Road (38-1).
Ms. Mason was present. The results of a recent field inspection
were read. A letter from the Mass. Natural Heritage and
Endangered Species Program was also read which stated that the
project occurred within the vicinity of an area that provides
feeding habitat for the Short-eared Owl, classifed as
"Endangered" by the Program. However the work as proposed was
unlikely to have a significant adverse effect on the actual
habitat of Owls.
Ms. Mason elaborated on the plans and Ben McKelway added that
the new construction barely falls within the 100 ft. Buffer
Zone. A motion was made to close the hearing. The motion was
carried.
6. Nantucket Yacht Club - SE~8-508 - South Beach Street (~2.~.2-).
Tom Pochman was present as agent for the applicant.
Ben McKelway had heard no response from Town Counsel Jonathan
White on the issue of whether public recreation rights were
being violated by the project. Mr. White added he was not too
excited by this case.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 5
A motion was made to close the hearing. The motion was
carried.
7. Michael & Barbara Cain - SE~8-507 - ~5 Baxter Road (~9-13). No
representative was present for the application.
Henry Wasierski had done a field inspection and reported on it.
He said there was no erosion along this section of the
Siasconset Bluff at this time, had told Mrs. Cain it was not
necessary for her to attend tonight's meeting, and recommended
adding a line of snowfencing along the Siasconset Footpath
between the house and the bluff to contain any debris. He said
the deck was to be 50 ft. from the top of the bank and the porch
75 ft. back.
A motion was made to close the hearing. The motion was
carried.
8. Wayne Mosher - SE~8-506 - 17~ Cliff Road (~1-63). The results
of a recent field inspection were read. No problems were
apparent.
A motion was made to close the hearing. The motion was
carried.
9. Richard Corkish, Jr. - SE~8-509 - 320 Polpis Road (2~-13). Lee
Corkish, son of the applicant, was present for the project.
Tina Coughanour of IEP was present as agent.
The results of a recent field inspection were read. Ms.
Coughanour gave a description of the project to construct an
1800 sq. ft. dwelling 50-55 ft. from a Bordering Vegetated
Wetland.
Carl Borchert wanted to see an easement to get to the 'lot in
order to avoid any future applications for a driveway through
the wetland as access to it. This would involve crossing
approx. ~oo ft. of wetland. Lee Corkish attempted to clarify
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 6
and answer questions about access and said there are 2 ways to
get to the lot. Lee Dunn also wanted to see an easement in
writing across Lee's mother's lot to avoid future filing
problems. Carl thought this was good for the applicant's own
protection and also suggested checking with the Nantucket
Building Inspector for potential problems.
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A motion was made to continue the hearing for information on an
easement. The motion was carried.
B.
REGULAR MEETING
1. Requests for Determination
a. Susan R. Perry - Madaket Road (59-~9). A draft
Determination written by Ben McKelway was read. A motion was
made to issue a positive Determination stating:
1. The area described, which includes all/part of the area
described in the Request, is an Area Subject to Protection Under
the Act. Therefore, any removing, filling, dredging or altering
of that area requires-the filing of a Notice of Intent. Note
added: Approximately half of the lot is Bordering Vegetated
Wetland - the northernmost half.
2. The work described, which includes all/part of the work
described in the Request, is within an Area Subject to
Protection Under the Act and will remove, fill, dredge or alter
that area. Therefore, said work requires the filing of a Notice
of Intent. Note added: The dwelling as proposed in your
Request for Determination.
The motion was carried.
b. Theodore Cross - Easton Street (~2.1.~-017). A motion was
made to issue a negative Determination 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.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 7
2. Orders of Conditions
a. J. & V. Nightingale - SE~8-~98 - 13 Wauwinet Road (20-~2).
William Brown II was present as attorney for the applicant and
thanked the ConCom for its patience in this matter. There was
discussion of Ben McKelway's draft Order and the performance
bond to be posted.
A motion was made to issue a standard Order of Conditions with
the following Special Conditions:
ADDITIONAL SPECIAL CONDITIONS
JOHN & VANNA NIGHTINGALE
DEQE FILE NUMBER SE~8-~98
The project is approved in accordance with the Notice of Intent,
the Environmental Damage Assessment/Mitigation plan, the most
recent plans cited on Form 5, the general and special conditions
on Form 5, and the following additional special conditions:
3. All replanted trees must be nursery stock, and proof of
purchase must be presented to the Commission.
~. Each new tree must be planted close to a stump of the same
species. If certain species are not available after a
good-faith search by the applicants or their agents, red maple
(Acer rubrum) or black gum tupelo (Nyssa sylvatica) may be
substituted.
5. A total of 67 trees must be planted -- a ratio of 1.5 new
trees for every tree destroyed.
6. Each new tree must have a diameter breast height of 1 to 1.5
inches.
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7. All planting must be done by hand between January 1, 1989
and May 15, 1989, with minimal disruption to the area and under
the guidance of a professional landscape architect.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 8
8. All replanted trees are subject to inspection by the
Commission. Those dead or diseased one year after planting must
be replaced. The cost of those trees missing, dead, or diseased
two years after planting will be deducted from a performance
bond for $20,000, to be posted by the applicant before the
planting begins, if they are not replaced by the applicant. The
term of the bond shall run until the Commission issues a
Certificate of Compliance.
9. Natural vegetation will be left intact except where
compliance with this Order requires disturbance of the area
temporarily.
10. Any change made or intended to be made in the plans shall
require the applicant to file a new Notice of Intent or to
inquire of the Conservation Commis~ion in writing whether the
change is substantial enough to require a new filing.
11. An as-replanted plan, signed and stamped by a registered
professional engineer, land surveyor, or landscape architect 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.
12. Members and agents of the Commission shall have the right
to enter and inspect the premises to evaluate compliance with
the conditions and performance standards stated in this Order,
the Wetlands Protection Act Regulations, and the Nantucket
Wetlands Protection Regulations, and may require the submittal
of any data deemed necessary by the Commission for that
evaluation.
13. The applicant, owners, successors or assignees shall be
responsible for maintaining all trees planted in accordance with
this Order. It shall be the responsibility of the property
owner of record to see that maintenance conditions are complied
with as required by this Order.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 9
1~. This document shall be included in all construction
contracts and subcontracts dealing with the work proposed and
shall supersede other contract requirements.
15. Used petroleum products and any other debris shall be
collected and disposed of off-site. No on-site disposal of
these items is allowed.
16. Any refuse material found on the site shall be disposed of
at an approved landfill and in no case will these materials be
buried or disposed of on or near the site.
17. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
The motion was carried.
b. J. & J. Cochran et al - SE~8-~~2 - N. Beach Street (29-86).
Melissa Philbrick of Vaughan, Dale and Philbrick was present to
represent abutter Wallace Yaffee. There was extensive
discussion of two draft Orders denying the project written by
Ben McKelway.
Donald Visco suggested the applicant submit a different plan
with a new Notice of Intent. Ms. Philbrick said the applicant
had had months to alter the plans and could always come back
after the denial was issued. She said her client was concerned
that the work be done in a responsible manner. Carl agreed by
saying the applicant had had ample time to revise the plans and
even cited a discussion with agent John Shugrue on the very
first field inspection in September 1987 about altering the
plans. Lee Dunn and Donald Visco said it remains to be
determined whether the project qualifies under the State
Wetlands Protection Act.
A motion was made to adopt draft option *2. The motion did not
carry. Ben McKelway recalled a phone conversation with DEQE's
Gary McCutch who commented on a hypothetical case dealing with a
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 10
lot's status as a Bordering Land Subject to Flooding. He said
using the overflow into the storm sewer system as an outlet into
the Harbor was stretching things especially because the ocean
is not one of the things a Bordering Land Subject to Flooding
can border on.
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A motion was made to' accept draft option #1 with changes as
follows:
ORDER OF CONDITIONS -- PROJECT DENIAL
DAVID D. GRAY, LUCILE RALSTON GRAY, JOSEPH W. COCHRAN III, AND
JOSEPH RALSTON COCHRAN, TRUSTEES; AND JAMES HUNT BARKER AND
KENNETH W. DOUGLAS - 51.l- & 56 NORTH BEACH STREET - DEQEFILE
NUMBER SEq.8-q.q.2 - UNDER THE WETLANDS BYLAW OF THE TOWN OF
NANTUCKET (CHAPTER 136)
FINDINGS
Public hearings on the above Notice of Intent lasted from
October 1, 1987, to August 18, 1988. Based on testimony
presented at those hearings, both verbally and in writing, from
the applicants' representatives, an abutter's representatives,
and the Nantucket Land Council, the Nantucket Conservation
Commission makes the following findings:
1) The site, approximately 1.2 acres, is a vegetated shrub
swamp dominated by wetland plant species. Scattered pools of
standing water have been observed on the property, which is
subject to 100-year coastal storm flowage. As an inland,
freshwater, seasonally flooded basin, the area qualifies as a
wetland under the Nantucket Wetlands Bylaw. The proposed
project would fill and regrade a significant portion of this
wetland, which is one of several such areas along North Beach
Street.
2) Although the applicants' consultants contradicted one
another and there are still lingering doubts, the most specific
evidence to date indicates that the flood storage volume of this
isolated wetland is not large enough to meet the criteria set
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 11
forth for Isolated Land Subject to Flooding in 310 CMR
10.57(2)(b)(1), under the Wetlands Protection Act (MGL Chap.
131, Sec. '*0).
3) The applicants have failed to obtain or apply for other
permits for the proposed project, as mandated by Section
136-3(C) of the Nantucket Wetlands Bylaw and by 310 CMR
10.05('*)(e).
DISCUSSION
The Nantucket Wetlands Bylaw provides protection for small
wetlands that may not be afforded protection under the
Massachusetts Wetlands Protection Act.
In this case, the vegetated wetland absorbs and holds stormwater
runoff, slows down and reduces the passage of flood waters
during periods of peak flows by providing temporary flood water
storage, and facilitates water removal through evaporation,
transpiration, and percolation. Furthermore, the wetland
provides habitat for a variety of wildlife species, such as
nesting and migratory passerines. The proposed project cannot
adequately protect the habitat essential to the well-being of
the wildlife in the area. In addition, the proposed project
would deprive local residents of the view they have of the
wetland, which would have to be filled and otherwise altered
drastically or eliminated.
In light of the above, the proposed project would have a
significant effect upon important wetland values, including
groundwater, flood control, erosion control, storm damage
prevention, wildlife, and wetland scenic views. These values
are all interests protected by the Nantucket Wetlands Bylaw.
Because the wetland apparently is not big enough to qualify as a
resource area under the Wetlands Protection Act, the Commission
cannot determine that the property is significant under state
law.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 12
CONCLUSIONS
The Commission 'hereby denies the Notice of Intent filed under
the Nantucket Wetlands Bylaw. The wetland on the property is
significant under the Bylaw, and the Commission knows of no
feasible conditions or mitigation measures that could allow the
project to proceed without irreparable harm to this wetland.
Based on the findings above, the Commission concludes that the
site of the proposed project is not significant to any interest
under the Massachusetts Wetlands Protection Act. Therefore, no
Order of Conditions will be issued for the Notice of Intent
filed under the Wetlands Protection Act. This conclusion does
not relieve the applicant of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
The Commission has not considered and does not address at this
time other activities and proposals of the applicant in respect
to the subject parcel which involve different designs,
structures, locations, or types and which are not included in
the Notice of Intent at issue.
This denial supersedes any wording on Form 5 (attached) which
implies that some work will be permitted under this Order.
This denial shall apply to any successor in interest or
successor in control.
Donald Visco opposed. The motion was carried.
c. Robert H. Bolling, Jr. - SE~8-50i! - 11 Easton Street
(~2.1.~-~). A draft Order written by Ben McKelway was read and
discussed. Ben reported that Diane Coombs of SRAB was concerned
about siltation. When to do the work was discussed.
A motion was made to issue a standard Order with the following
Special Conditions:
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 13
ADDITIONAL SPECIAL CONDITIONS
ROBERT H. BOLLING, JR.
DEQE FILE NUMBER SE48-504
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. In accordance with 310 CMR Section 10.30(3) of the Wetlands
Regulations, promulgated under G.L. c. 131, s. 40, no coastal
engineering structure shall be permitted in the future to
protect the project allowed by this Order of Conditions.
4. Natural vegetation will be left intact except where it is
necessary to temporarily disturb it. After completion of the
project, any disturbed or filled area shall be replanted with
native plants, preferably dune grass, in October or November.
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.
7. Members, employees, 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, the Massachusetts Wetlands Protection Act
Regulations, and the Nantucket Wetlands Protection Regulations,
and may require the submittal of any data deemed necessary by
the Commission for that evaluation.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 1~
8. This document and the Notice of Intent shall be included in
all construction contracts and subcontracts dealing with the
work proposed and shall supersede other contract requirements.
9. 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.
10. 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.
11. 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!i!). A draft Order written by Ben McKelway was read and
discussed.
A motion was made to accept the draft with changes and issue
with the following Special Conditions:
ADDITIONAL SPECIAL CONDITIONS
ROBERT F. CURRIE -- CLIFFSIDE BEACH, INC.
DEQE FILE NUMBER SE~8-~99
The Commission hereby grants the applicant a waiver from Section
2.03(B)(7) of the Wetlands Protection Regulations of the Town of
Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136).
Section 2.03(B)(7) prohibits building on or within 50 feet of a
coastal dune, other than the maintenance and repair of an
existing structure. However, there has been a clear and
convincing showing by the applicant that there are no reasonable
conditions or alternatives that would allow the project to
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 15
proceed in compliance with the regulations and that the proposed
project, which replaces existing buildings and results in less
ground cover, will not have any adverse effect upon any of the
interests protected by the Bylaw. 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.
Under 310 CMR 10.28, the Commission hereby determines that the
site of the proposed construction does not play a role in storm
damage prevention, flood control, or the protection of wildlife
habitat.
Therefore, 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, snowfence shall be
installed around the site and maintained in good repair until
the completion of the project. Erected to mitigate for any
damage to the nearby dune, the snowfence shall also serve as a
limit of construction for work crews.
~. 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.
5. 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.
6. 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
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 16
the submittal of any data deemed necessary by the Commission for
that evaluation.
7. 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.
8. This document shall be included in all construction
contracts and subcontracts dealing .with the work proposed and
shall supersede other contract requirements.
9. 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.
10. Dust control, if required, shall be limited to water. No
salts or other wetting agents shall be used.
11. 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.
12. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
The motion was carried.
3. Extension Permits
a. Woodbury Lane - SE~8-312 - entire project (~1-5~3). Rene
Ceely of The Woodbury Company was present with Robert Daylor of
Daylor Consulting Group. A motion was made to issue a l-year
i
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 17
Extension Permit to expire on October 2~, 1989. The following
note was added: Partial Certificates of Compliance have been
issued for some portions of the work regulated by the
above-referenced Order of Conditions. The motion was carried.
b. Cranberry Construction Company - SEi!8-i!25 - West Chester
Street, under local bylaw only (~1-227). Ben McKelway agreed to
send a letter extending the Order under the Nantucket Wetlands
Bylaw until October 1, 1990 so that the validity of the local
Order coincides with the three-year term of the Order issued
under the Mass. Wetlands Protection Act.
~. Certificates of Compliance
a. Woodbury Lane - SE~8-312 - roadway, utils, drainage etc.
partial (i!1-5~3). Rene Ceely of The Woodbury Company was
present with Robert Daylor of Daylor Consulting Group. They
stated the drainage system was working extremely well, had no
water quality problems and they produced as-built plans.
Lee Dunn wanted a statement from Mr. Daylor confirming that the
as-built really was as it had been originally planned. Mr.
Daylor said it was already in the file.
Peter Dunwiddie asked where the before and after water quality
test results were based on the March 26, 1987 baseline study.
He also questioned the levels of water pollutants and how the
baseline figures were arrived at. Mr. Daylor stated the
baseline figures were made up of an average of several tests and
that the levels of pollutants were within acceptable levels. He
also said he planned to go back and continue the first year's
sampling. As per Special Condition 17 of the Order, he said he
was not asking for relief from this or any other on-going work
or testing.
Ben McKelway said the ConCom had only received 2 of the 3
expected vegetation replication reports. Peter Dunwiddie said
the replicated area looked excellent and there wasn't really any
need for a third report.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 18
A motion was made to issue a Partial Certificate of Compliance
certifying that only the following portions of the work
regulated by the above-referenced Order of Conditions have been
satisfactorily completed: the roadway, the utilities, the
on-site and off-site drainage work, and the flood storage /
wetland compensation area on Lot 23. This Certificate does not
apply to the construction of homes on land within the
jurisdiction of the Commission, or to the conditions cited in .S
of this Certificate: The following conditions of the Order
shall continue (conditions contained in the Final Order, such as
maintenance or monitoring, which are to continue for a longer
period): General Conditions 1,2,3,~,S and 6. Special
Conditions 1,2,3,i!,S,8,lO,11,12,13,17,18,22,23,2i!,2S,28,29,and
31. The motion was carried.
b. Woodbury Lane - SE~8-312 - Lot 1~ only - another partial
(~1-5~3). Rene Ceely of The Woodbury Company was present with
Robert Daylor of Daylor Consulting Group. The stated that Lot
1~ does not abut any wetlands.
A motion was made to issue a Partial Certificate of Compliance
certifying that only the following portions of the work
regulated by the above-referenced Order of Conditions have been
satisfactorily completed: building, grading and site
preparation on Lot 1~ have been satisfactorily completed.
Although other work sanctioned by the Order is complete, or in
progress, only Lot 1~ is included in this Certificate of
Compliance. The motion was carried.
c. Harold Wheldon - SE~8-28~ - Baltimore Ave., Madaket
(60.2.~-72). The results of a recent field inspection were
read. A motion was made to issue a Certificate of Compliance
certifying that the work regulated by the above-referenced Order
of Conditions has been satisfactorily completed. The motion was
carried.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 19
5. Other Business
a. Extensive brushcutting on Mills property off Polpis Road
(26-22). Henry Wasierski and Ben McKelway described a violation
whereby brushcutting had occurred next to a densely overgrown
stream in Polpis. The results of a field inspection done on
Aug. 30, 1988 were read. Ben read from the minutes of Aug. ~,
1988 wherein the ConCom had decided informally that there was no
problem with the brushcutting project.
Tina Coughanour of IEP was on hand to discuss the activities.
She said she had been present with the brushcutter for the first
2 days of cutting and then he encountered an extremely difficult
low wet ditch which he tried to cross, but couldn't. She had
visited the site again recently and suggested doing selective
cutting to allow passage through the ditch. She added that the
area accidentally cut would likely grow back quickly. She
admitted that brushcutting right up to the edge of the ditch was
a mistake.
Ben suggested the ConCorn not make informal determinations such
as the one on Aug. ~,1988. Peter Dunwiddie said it seemed the
ConCom was trying to be as cautious as possible and that Tina
had made a reasonable effort to see that the work was supposed
to be done properly by being present at the site. The
possibility of sending a letter to the contractor, Valero & Sons
Landscaping, was discussed, however it was decided it was not
really necessary at this point.
b. Brochure - how many to print? Ben McKelway was asked to
price out mailing the brochure to all postal patrons on the
Island. Peter Dunwiddie also mentioned the possiblity of having
an open workshop with local contractors and business people.
Henry Wasierski thought a full-page advertisement in the
Inquirer and Mirror would be a good idea, and Ben said he'd look
into that, too. Henry recalled a series the I & M did in the
past about the various Town boards and Commissions and their
functions and thought it was time to do one again.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page ~O
c. The law on environmental impact studies - has it been broken
(Steve Scannell). Mr. Scannell was present to continue his
discussion about Sesachacha Pond and the definition of a
waterway. He questioned whether the people of Nantucket's
rights to open the pond had been violated. Carl Borchert
allowed as to how the Town has not been maintaining Sesachacha
Pond as a waterway for more than 5 days out of a year up until
about 1981.
Ben McKelway had contacted the Division of Waterways who said no
concise definition existed for the word waterway. They said it
was an all-encompassing term contained in Chapter 91. Ben also
talked with Lealdon Langley of DEQE who said that the act of not
opening the pond can never require the filing of an
Environmental Notification Form, that is, letting a beach close
up by itself does not require any permits. He said the April
1987 DEQE Denial on opening the pond was based on the fact that
the Town never filed an ENF.
d. Contribution to new study of Sesachacha Pond? Peter
Dunwiddie abstained from this discussion. Ben McKelway reported
the ConCom had $i!000 to put towards water testing this year.
Steve Scannell wanted to participate in any study and felt he
had been denied the right to do so until now.
Bill Willet wanted to contribute $1500 towards the new study.
Kitty Pochman of the Nantucket Land Council said the study being
proposed by a Mr. Aubrey seemed pretty unbiased and offered the
ConCom copies of it. A motion was made to allot $1500 to the
study, but did not carry. Henry Wasierski, Granville Cranston,
and Donald Visco opposed.
e. (INSERT) Austin Farm Estates - SEi!8-336 (56-5~). Ben
McKelway reported that some severe erosion had occurred on the
upstream side of the road where it crosses the ditch, above the
headwall the ditch is full of dirt and one culvert pipe is
almost blocked. In addition, the Order of Conditions called for
riprap, but there is none present on the site.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of September 1, 1988 Page 21
Ben was asked to send a letter notifying the applicant of the
above problems, asking him to remedy the situation before the
Sept. 15, 1988 meeting and asking that a representative be
present at that meeting to discuss the remedy.
6. Correspondence
All correspondence as listed on a Summary Sheet was read and
accepted.
7. Minutes of August 18, 1988. A motion was made to accept the
minutes as written. The motion was carried.
There being no other business, the meeting adjourned at 10:~O PM.
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