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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 ) -- 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 ~('1 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. J - i~ '1 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 I _...._1 n 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. -') ,.......... i 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. -) r---, 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 j - . ,.-..... j 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. : ~ 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. . , ., -- ") 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. -.J 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. /, .' ) 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. - ~ " \ 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 1 J _. ,;" . \ 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. i I . 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 j ........,. fl 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. ~, ,;~ " i 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: ( -"", 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. -~... 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 1 ~.:.i / --.... 'I 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 i _.' .~ , I 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 ,-"- ' /-", I 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. -) /--) 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. ) - .------ 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. ) _. -"'''. ;, 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. ~) -" 1 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. --: j I