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HomeMy WebLinkAbout1988-09-15 ,---- .,---..." Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 AGENDA FOR SEPTEMBER 15, 1988 A. PUBLIC HEARINGS 1. Eger/Andlinger - SE~8-510 - off Chase Lane (21-118.2) 2. Stephen R. Swift - SE~8-501 - 10 Old Quidnet Milk Route (20-8.5) - cont. at request of applicant 3. Richard Corkish, Jr. - SEi!8-509 - 320 Polpis Road (2l.t-13) B. REGULAR MEETING 1. Requests for Determination a. Austin Farms Realty Trust - off Hummock Pond Road (56-5~) b. Doris R. Mundschenk - 17 Wauwinet Road (20-37) 2. Orders of Conditions a. Nantucket Yacht Club - SEi!8-508 - South Beach st (i!2.i!.2-) 3. Certificates of Compliance a. Griffin/Zodda - SEi!8-~3i! - 3 Dionis Beach Road (32-55) ~. Other Business a. Austin Farms culvert - SE~8-336 (56-5~) b. Wauwinet House - concerns (12-~6 and 11-17) c. H. S. Whitehead - SE~8-~68 - 97 Baxter Road (~8-19) chg in plan d. W. Mosher - SE~8-506 (~1-63) - minor modification e. Fred Church - (~~-7.1) - request for review f. Nantucket Land Bank - req. for permission to clear trails g. Bolling - SE~8-50i! (i!2.1-~) and Monornoy Harbor Realty Trust - SE~8-i!65 (~3-111) - req for Ext. Permit - local bylaw 5. Correspondence 6. Minutes of September 1, 1988 7. Bills to be paid 8. Field Inspections - set date 9. Executive Session - regarding litigation. ') Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 15, 1988 Page 1 MINUTES OF SEPTEMBER 15, 1988 The public meeting of September 15, 1988 was called to order at 7:31 PM. Members present were: Bill Willet - Chairman, Peter W. Dunwiddie, Lee Dunn, Carl Borchert, Granville Cranston and Henry Wasierski. Members absent were: Donald Visco. Administrator present: Ben McKelway. Recording Secretary: Ben McKelway. A. PUBLIC HEARINGS 1. Eger/Andlinger - SEi!8-510 - off Chase Lane (25-118.2). John Shugrue was present as agent for the applicant and presented a revised plan showing the exact location of the proposed road and driveway. Ben asked if the driveway after the "T" would be paved. Mr. Shugrue said he didn't know. Bill Willet said it didn't matter. Carl Borchert said the Order of Conditions could specify the surface. A motion was made to close the hearing. The motion was carried. 2. Stephen R. Swift - SE~8-501 - 10 Old Quidnet Milk Route (20-8.5). Mr. Swift had requested a continuance of the hearing until the next meeting. A motion was made to continue the hearing at the request of the applicant until Sept. 29, 1988. The motion was carried. 3. Richard Corkish, Jr. - SE~8-509 - 320 Polpis Road (2~-13). Lee Corkish submitted an easement requested at the last meeting. Carl Borchert and Henry Wasierski said it should be signed and notarized. A motion was made to close the hearing. The motion was carried. The Commission wanted to see proof that the document had been recorded at the Registry of Deeds before issuing an Order of Conditions at the Sept. 29 meeting. ; " , ' Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 15, 1988 Page 2 B. REGULAR MEETING 1. Requests for Determination I I 'f a. Austin Farms Realty Trust - off Hummock Pond Road (56-5i!). Glen Wills was present as agent for the applicant and explained the desire to brushcut to building restriction boundaries and septic restriction lines. Brushcutting will be i! to 5 feet wide in most cases, but the application is for the drilling of wells, too, and near those spots the brushcut area would have to be wider, to allow the well-drilling rig to pass through. He said he is aware that any other work in this buffer zone would require a new application to the Commission. 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. b. Doris R. Mundschenk - 17 Wauwinet Road (20-37). Bill Willet read the results of a recent field inspection which recommended a positive Determination because of wetland vegetation in a low spot along the proposed road. A motion was made to issue a positive Determination stating 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. The motion was carried. 2. Orders of Conditions a. Nantucket Yacht Club - SE48-508 - South Beach Street (42.4.2-). A motion was made to issue a standard Order of Conditions with Special Conditions as had been drafted by Ben McKelway. The motion was carried. "';---"" ~~llTUCJr~~ ,~ ~ ~ ~ ~ \~. ~ . _:~) · J. ~_ . '!It -'- ~.~ - LIt'I ~^ ~ . ..tl~ \0': .. .... ~ ~ 0-9p........c ~. ~* ORA1" ..." ......."... Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 15, 1988 Page 3 b. Eger/Andlinger - SE~8-510 - off Chase Lane (21-118.2) - A motion was made to issue a standard Order of Conditions with a special condition specifying a pervious road surface from the "T" on. The motion was carried. 3. Certificates of Compliance a. Griffin/Zodda - SEi!8-i!3i! - 3 Dionis Beach Rd. (32-55). Ben McKelway reported that no brushcutting had taken place within 25 feet of the wetland, but the yard was still dirt and fresh dirt was on the old unused driveway within that 25-foot' zone. A photograph was examined. A motion was made to issue a Certificate of Compliance certifying that the work regulated by the above-referenced Order of Conditions had been satisfactorily completed. The motion was carried. ~. Other Business a. Austin Farms culvert - SE~8-S08 - off Hummock Pond Road (S6-Si!). Bill Willet read a letter from the Commission to the owner urging him to remedy the case by tonight's meeting. Glen Wills, representing the owner, said he had talked to Carl Russell, the contractor who had planned to fix up the site, but he said he hadn't gotten to it yet. Ben gave the Commission two photographs, showing the erosion, the clogged culvert and the lack of riprap. Mr. Wills promised the area would be regraded, loamed, and seeded. He said the dirt below the headwall would be dug back out and a siltation fence would be installed along the road to slow the runoff and erosion process long enough for grass to grow. Henry Wasierski suggested an asphalt berm. Mr. Wills said that will probably be done later when the second coat goes on. Carl Borchert reviewed the plan and asked when the . ----- . Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 15, 1988 Page i! retention basin will be installed. Mr. Wills said he didn't think that was part of the plan anymore. A quick check of the file indicated that the plan with the retention basin is the plan cited in the Order. Glen agreed to check his files and get together with Ben McKelway, who agreed to report on the outcome at the next meeting. In the meantime, the Commission approved Wills' plan to fix up the site (see #la above). b. Wauwinet House - concerns (12-i!6 and 1-17). Ben McKelway explained that the stone dust path to the new pro shop near the Wauwinet House tennis courts had been extended to the private way on the south side of the courts in violation of the Order of Conditions. Russ Cleveland, the manager of the hotel, said the stone dust has already been removed, as a result of Ben's visit to the site the previous week. Jette Ames, an abutter to the courts, said there was no path there before, only underbrush, poison ivy, and some young trees. She asked how this could have happened. James Gay, representing the Wauwinet House, said accidents happen. Apparently, he added, the contractor was not too adept at reading what he had to do. Lee Dunn asked if they planned to revegetate the area. Mr. Gay said no, because the Commission granted permission last fall to clear vegetation all around the courts as a minor modification. There was more discussion. Ms. Ames said the area should be filled in with something. Carl Borchert said with all the time Jim Gay spends before the Commission, he could be out there supervising the work instead. Eventually, Mr. Gay agreed to plant two pine trees near the corner of the tennis courts to block the path. Next, there was discussion over the amount of clearing to be done in the future along other sides of the tennis courts. The Commission's permission for clearing did not extend to the cutting of trees. Gay said 3 to i! feet out from the fence should be enough, primarily to get rid of vines and let more light into the courts. Peter Dunwiddie instructed Ben to write a letter specifying no more than 3 to i! feet out. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 15, 1988 Page 5 Ben said it was hard to tell if the oil-absorbing pads had been installed in the parking lot catch basins. Mr. Gay said they were, but they would be changed soon. There followed a brief discussion of the catch basin that was not exactly the type called for in the Order. Gay said he has IEP working on a solution that will probably include a silt basin. On the issue of beach restoration needed to repair the damage done by heavy equipment brought in to build the new pier, Mr. Gay said the beach had been raked and that planting would be done in October. Ben pointed out that there was no gap in the walkway to the new pier - the 30-foot stretch of beach called for in the Order - for the passage of emergency vehicles. The Commissioners told Mr. Gay to take the boards out to create that space and he agreed to do so. Henry Wasierski voiced concern about the barbecue and bar facilities on a platform near the pier. Nelson Jones said the hotel did not have permission from the Zoning Board of Appeals for such facilities, but there was some question as to whether it fell under ConCom jurisdiction or not. Cranny Cranston said the facilities were not new. There was also discussion on whether or not the pier was aligned with the path through the dune grass or not, as called for on the plan. It was decided that the pier area should be put on the list of field inspections. c. Helen S. Whitehead - SE~8-i!68 - 97 Baxter Road (~8-19). A motion was made to allow the proposed new deck as a minor modification. 'd. W. Mosher - SE~8-506 (~1-63). Glen Wills was present as agent for the applicant and said he will soon submit a letter outlining his problems with the Order. He explained how it made more sense to install a length of siltation fence between the Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 15, 1988 Page 6 construction and the wetland, rather than the long line of haybales called for in the Order. The Commission agreed. Ben McKelway said the Order had been "boilerplate." He was instructed to write a letter to Glen modifying Special Conditions #3, l.t, and 5 and send a copy to DEQE. e. Fred Church - (l.tl.t-7.1). Glen Wills was present as agent for the applicant and explained plans for a retaining wall at this project, which was approved by way of a Determination. He said no filling is proposed. After some discussion, the Commission decided to allow the wall as a minor modification and instructed Ben McKelway to send a letter stating sarne to the applicant. f. Nantucket Land Bank. Bill Willet read a letter from Wayne Viera, Chairman of the Land Bank Commission, requesting permission to brushcut walking trails through a Land Bank parcel on Long Pond. Peter Dunwiddie said he was involved in the plan and thinks it is a good step. Ben McKelway pointed out that if the Commission wants to take the Land Bank Commission's suggestion that the trails extend into ConCom land abutting the Land Bank land, the ConCom would have to pay for its own brushcutting. Ben was instructed to talk to Phil Bartlett to see what he would charge and to get back to the ConCom with the figures. Ben said Land Bank Secretary Virginia Kinney had told him the going rate was $50 an hour. Peter said the trails could be useful in the future for ecological maintenance of the area. Bill suggested holding off on decision until a firm price on the brushcutting had been obtained. A motion was made to allow the proposed brushcutting on Land Bank land. The motion was carried. Ben was instructed to send a letter to the Land Bank Commission accordingly. g. Bolling - SEi!8-50~ (~2.1.~-~) and Monomoy Harbor Realty Trust - SE~8-~65 (i!3-111) - Last-minute addition to agenda. Ben McKelway explained that attorney Kevin Dale had dropped off two letters regarding these 2 files requesting an Extention Permit of two years for each under the Nantucket Wetlands Bylaw. The Commission granted both requests, bringing the two Orders into _. ;;'1 , \ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 15, 1988 Page 7 line with the Wetlands Protection Act. As this has been the policy of the Commission for nearly a year now, Lee told Ben he could just grant these extensions on his own, without putting them on the agenda. Ben was instructed to write letters to Kevin Dale explaining the Commission's action. 5. Correspondence All correspondence as listed on a Summary Sheet was read and accepted. Regarding the memo from DEQE on the Grant case, curtailing the Commission's enforcement powers in cases where the property owner refuses to grant permission for Commissioners or their agent to come onto his property to investigate a possible violation, Ben McKelway was instructed to ask Town Counsel if such enforcement powers can be written into Certificates of Compliance. 6. Minutes of September 1, 1988. A motion was made to accept the minutes with corrections. The motion was carried. 7. Bills to be paid. All bills were signed, but Ben McKelway was instructed to find out if the Commission is getting its money's worth in its payments to Bob Marks for mowing Consue Springs. 8. Field ispections were set for 4 PM Monday, September 19, 1988. 9. Executive Session - see Minutes in separate file with this date. There being no other business, the meeting adjourned at 9:15 PM. ) _..