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HomeMy WebLinkAbout1988-09-29 ..-~~ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 AGENDA FOR SEPTEMBER 29, 1988 A. PUBLIC HEARINGS I' 1. Stephen R. Swift - SEi!8-501 - 10 Old Quidnet Milk Route (20-8.5) 2. William & Marilee Matteson - SEl.t8-511 - 105 Baxter Road (i!8-15) 3. Michael Bloomberg - SEl.t8-512 - 7 st. Elmo Lane (i!9-185) l.t. Kermit Roosevelt, Jr. et al - Baxter Road (73.1.i!-11.1 & 11.2) 5. Roy Bailey - 82 Union Street (55.1.l.t-l.t0) 6. Mary S. Huffman - Jefferson Ave. (30-i!5 & l.t6) B. REGULAR MEETING 1. Requests for Determination a. Linda Loring - Eel Point Road (39-2) b. E. Crosby Willet - ~ Monomoy Creek Road (5i!-1l.t7) c. James and Barbara Lamberton - Lily St. (i!2.l.t.3-96 & 97) 2. Orders of Conditions a. Richard Corkish, Jr. - SEi!8-509 - 320 Polpis Road (2i!-13) 3. Extension Permit a. Jellerne - SEi!8-338 - W. Chestr (i!1-l.t83) and change in plans i!. Planning Board Referral a. B & G Properties - betw. Sparks Ave & Orange St 5. Other Business a. Brushcutting estimate for Long Pond property b. Austin Farms - SE48-336 (56-54) -detention basin c. Consue Springs Gazebo - advertise for bids to demolish? d. Announcement: new apps. must have copy of deed; receipt of recording must be returned to Con Com office; bylaw ammendmt effective today, abutters to be notified by applicant e. Greenhill study - Sesach. Pond - ConCom vote for $ contrib. f. Taylor pier - SEl.t8-397 (29-10) - discussion g. Confirm addresses for Hernpleman complaint h. Comments, questions from press and public 6. Correspondence 7. Minutes of September 15, 1988 8. Bills to be paid 9. Field Inspections - set date a. Wauwinet House b. B & G Properties - Planning Board Referral c. Thomas and Mary Crowell - 16 Tennessee Ave. - RFD C. EXECUTIVE SESSION - regarding litigation -..... -~i Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 29, 1988 Page 1 MINUTES OF SEPTEMBER 29, 1988 The public meeting of September 29, 1988 was called to order at 7:33 PM. Members present were: William Willet - Chairman, Lee Dunn, Carl Borchert and Henry Wasierski. Members absent were: Donald Visco, Peter Dunwiddie and Granville Cranston. Administrator present: Ben McKelway. Recording Secretary: Marcia Litchfield. A. PUBLIC HEARINGS 1. Stephen R. Swift - SEl.t8-501 - 10 Old Quidnet Milk Route (20-8.5). Mr. Swift representing himself stated he had yet to meet with the Mass. Natural Heritage and Endangered Species Program expert to discuss the status of Spotted Turtles on the lot and the potential impact of the project on their habitat. Because some data may not be collected before April - June 1989 when the area is wettest and the turtles are most active, Mr. Swift requested a long-term continuance of the hearing for a period of 6 months. He expressed his desire to carry out the project as carefully as possible and said he was in no great rush. He also submitted 2 additional maps justifying his choice of a driveway route. He said the MNHESP may not have up-to-date information about Spotted Turtles in the area, but admitted the burden of proof was his. Mr. Swift felt he had gone beyond what was necessary to protect the habitat, had allowed for both adequate water movement and minimum impact on the Spotted Turtles, and had hoped to keep disturbance of the canopy to a minimum. He noted the proposed culverts were ~ times larger than necessary, adding that the approx. cost of doing a bridge instead would be well over $100,000. Mr. Swift said he had approached the 5 abutters from whom he would need an easement if he tried to relocate the access, however only 2 provided a positive response. Lee Dunn felt that since the lot had been purchased before the regulations took effect, the ConCom was obligated to allow him access to the lot. -~ ; Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 29, 1988 Page 2 Lee asked him to look more closely at building a bridge thinking it would provide freer movement underneath for both water and turtles. Mr. Swift again highlighted the loading problems and potential damage from heavy equipment involved in building a bridge. Lee thought, though, that filling 18,000 sq. ft. of wetland in order to float the driveway was excessive. Carl Borchert concurred by saying the Commission's main concern was the amount of swamp to be destroyed or altered. Mr. Swift said he would address those and the other issues ln the 6 months ahead and requested a copy of the minutes of Sept. 1, 1988 for his reference. A motion was made to continue the hearing for 6 months. The motion was carried. 2. William and Marilee Matteson - SEl.t8-511 - 105 Baxter Road (l.t8-15). Chris Dallrnus of Design Associates was present as agent for the applicant with Les Smith of Daylor Consulting Group. Mr. Dallrnus gave a brief description of the project and mentioned 2 changes from the plans originally submitted: 1) the house will be relocated to within 6 ft. of the property line and 2) the floor elevation will drop to 106.3 ft. The modified site plan had already been approved by the HDC and Board of Appeals. Mr. Dallmus wished to clarify the fact that some fill would be brought in to maintain the elevation. After reading a recent field inspection, the Commission saw no problem with the application and instructed Ben McKelway to send a letter stating the applicant may begin work immediately. A motion was made to close the hearing. The motion was carried. 3. Michael Bloomberg - SEi!8-512 - 7 St. Elmo Lane (i!9-185). Les Smith of Daylor Consulting Group was present as agent for the applicant. He said Mr. Bloomberg had a p~rchase and sales agreement for this lot pending ConCom approval of this application. Daylor's wetlands biologists Lisa Stanley and Mary Trudeau were inventorying the site for rare species. There was discussion about drainage and sewerage in the area as well as a non-specific amount of fill needed for the project. i """" Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 29, 1988 Page 3 The Commission was very concerned that the house was to be relocated only 12 ft. away from the wetland edge. The location and length of a ditch running through several lots was discussed. Mr. Smith said the drainage problem exists because of some illegal filling in the past. Henry Wasierski and Lee Dunn both thought the applicant should be able to reposition the moved house on the lot to be further away from the wetland and allow at least a 25 ft. undisturbed buffer. Others felt this house was oversized for such a small lot. Lee said the act of transporting the house over the wet area would really dig it up. Mr. Smith suggested using removable mats during transport, but Lee didn't think it would be practical. In order for the application to be approved as proposed, a waiver would be necessary. Mr. Smith wanted to leave the hearing knowing whether or not his client would be allowed to relocate his house on this lot in some way. He agreed to check on setback requirements in the area. There was discussion about asking the applicant to consider purchasing a more suitable lot, using matting rather than filling over the route used to transport the house, and the need for a waiver from ConCom regulations if carried out as proposed. Carl Borchert and Bill Willet did not see an argument for hardship on the part of the applicant, nor did they feel the lot was unbuildable. The general view was that a smaller house and different driveway would be acceptable for this lot. Mr. Smith wanted to continue the hearing in order to discuss the options with the applicant. A motion was made to continue the hearing at the applicant's request. The motion was carried. i!. Kermit Roosevelt, Jr. et al - 3 Baxter Road (73.1.i!-11.1 & 11.2). John Shugrue was present as agent for the applicant. The results of a recent field inspection were read. Mr. Shugrue said the existing septic system had failed. The applicant proposed to install an ejector pump and tie into the town sewer. Mr. Shugrue stated the trench would be dug by hand. --.. . -"''': Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 29, 1988 Page l.t A motion was made to continue the hearing for a DEQE file number. The motion was carried. 5. Roy Bailey - 82 Union Street (55.1.l.t-i!0). Roy Bailey was present with his agent Tina Coughanour of rEP. The results of a recent field inspection were read noting the need for a waiver if carried out as proposed. Ms. Coughanour described the project to build a 350 sq. ft. addition measuring 18 X 20 ft to be located on the Consue Springs pond side of the lot. She pointed out that the major source of erosion at the pond bank was feral duck and human foot traffic. The applicant requested a waiver and felt the project would not have any adverse effect on the resource area. Lee Dunn and Henry Wasierski thought the addition could be turned around to allow more distance between it and the pond. Mr. Bailey said there wasn't enough space to do that. Carl Borchert on the other hand thought this application was a prime candidate for a waiver because no resource would be negatively impacted. Lee and Henry thought this would only make a bad situation worse in this particular location. Lee read from the regulations about waivers. Henry said the applicant must prove there is no other suitable alternative location for the addition. Lee agreed to take another look at the site. A request was made to include in the minutes the conditions necessary for granting a waiver under the local regulations: The Commission may, in its discretion for good cause shown, grant waivers from the operation of one or more of these regulations pursuant to this section. Such waivers are intended to be granted only in rare and unusual cases, and shall be granted only in accordance with the provisions of this section. " Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 29, 1988 Page 5 A waiver may be granted only for the following reasons and upon the following conditions: (a) The Commission may grant a waiver from these regulations and impose such additional or substituted requirements as it deems necessary, upon a clear and convincing showing by the applicant that: 1) there are no reasonable conditions or alternatives that would allow the project to proceed in compliance with the regulations; 2) the project, or its natural and consequential effects, will not have any adverse effect upon any of the Interests Protected by the By-law. It shall be the responsibility of the applicant to provide the Commission with any information which the Commission may in writing request in order to enable the Commission to ascertain such adverse effects. The failure of the applicant to furnish any information which has been so requested shall result in the denial of a request for a waiver pursuant to this subsection. (b) The Commission may grant a waiver from these regulations when it is necessary to avoid so restricting the use of the property as to constitute an unconstitutional taking without compensation. If an application for a waiver pursuant to this subsection is received by the Commission, the Commission may request an opinion from Town Counsel as to whether the application of these regulations to a particular case will result in such a taking without compensation. (c) The Commission may impose additional conditions in granting a permit pursuant to this Section, including imposing limits on project size or effect or requiring other compensatory measures, such as wetland replication. "'-- Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 29, 1988 Page 6 Mr. Bailey agreed to look into alternative siting plans. A motion was made to continue the hearing for additional information and a DEQE file number. The motion was carried. 6. Mary S. Huffman - Jefferson Ave. (30-i!5 & ~6). Tina Coughanour of IEP and John Newman of Newman N. Newman were present as agents for the applicant. John Greenleaf represented the Brant Point Civic Association. After reading the results of a recent field inspection and a brief description of the project, there was extensive discussion about the origin and value of the dune to be altered. It was noted that the square footage amount of dune to be excavated was incorrectly cited in the Notice of Intent. Ms. Coughanour and Mr. Newman argued that the dune was not significant to flood control or storm damage prevention and therefore could be altered as along as the performance standards were met. Ben McKelway pointed out that this was a designated barrier beach. Henry Wasierski was concerned about setting a precedent and was dead set against impeding dune movement. He thought the setback from the dune now should be no closer than was allowed in 1976 with the original application (SEi!8-3, Map 30 Parcel 121). There was discussion about movement of sand over the parking lot and roads and its routine clearing by bulldozer. Mr. Greenleaf was concerned about wetland scenic views impact for residents in the area. Ms. Coughanour said the ridge lines are no higher than other dwellings in the area. Mr. Newman agreed to measure the distance between the existing house and site of the proposed retaining wall. Ms. Coughanowr agreed to add the measurement to the plans by the next meeting. TheCornrnission saw no problems with the addition itself. A motion was made to continue the hearing for more information and a DEQE file number. The motion was carried. -"'''\ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 29, 1988 Page 7 B. REGULAR MEETING 1. Requests for Determination a. Linda Loring - Eel Point Road (39-2). Ms. Loring was present. The results of a recent field inspection were read. Ms. Loring wanted to use work horses dragging hand-forged claw-scoops and add a simple footbridge to measure 2.5 X 10 ft. There was discussion about whether this activity would benefit the wetland conditions. The entire area to be altered would measure 8 X 20 ft. A motion was made to issue a negative Determination stating the work described in the Request is within an Area Subject to Protection Under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. The motion was carried. b. E. Crosby Willet - i! Monomoy Creek Road (5i!-147). Bill Willet abstained. With Bill not present there was no longer a quorum. A motion was made to postpone the Determination until the Oct. 13, 1988 meeting. The motion was carried. c. James and Barbara Lamberton - Lily St. (l.t2.i!.3-96 & 97). John Shugrue was present as agent for the applicant. A motion was made to issue a negative Determination stating the area described in the Request is not an Area Subject to Protection Under the Act. The motion was carried. 2. Orders of Conditions a. Richard Corkish, Jr. - SEl.t8-509 - 320 Polpis Road (24-13). A motion was made to accept a draft of the Special Conditions as written and issue them with an Order of Conditions as follows: i~ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 29, 1988 Page 8 ADDITIONAL SPECIAL CONDITIONS RICHARD CORKISH, JR. DEQE FILE NUMBER SEl.t8-509 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. Prior to the issuance of a Certificate of Compliance for this project, the Easement received by the Commission September 29, 1988, or another easement having the same effect, shall be recorded at the Nantucket Registry of Deeds. A copy of the recorded easement and plan shall be submitted to the Commission after they have been recorded. i!. Prior to any activity at the site, a line of haybales shall be staked along the upland edge of the established wetland boundary, or at a higher elevation. After the haybales are installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for i!8 hours after said notice is given, so as to allow Commission members time to inspect the haybales and any other siltation devices. 5. The haybale line, erected to mitigate for any siltation which might wash into the wetland during construction, will also serve as a limit of construction for work crews. The haybale line shall remain in good repair during all phases of construction and it shall not be removed until all soils are stabilized and seeded or until permission to remove it is given by the Commission. 6. Natural vegetation between the wetland edge and the project site will be left intact except where it is necessary to temporarily use this area. After construction, any disturbed area within this buffer area will be replanted with native plants. --., Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 29, 1988 Page 9 7. 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. 8. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how the completed plan differs from that shown on the plans referred to in the Order of Conditions. The as-built plan shall include, but not be limited to, the following: all pipe/culvert inverts for inflow and outfalls, pipe slope, size and composition; location of other drainage structures and their composition; limits of fill or alteration; location of structure and pavement within 100 feet of wetland; the edge of the wetland; the grade contours within 100 feet of the wetland. 9. 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 and the Nantucket Wetlands Protection Regulations and may require the submittal of any data deemed necessary by the Commission for that evaluation. 10. 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. 11. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. ..~ ~~llTUCJr~~ ~~ )- 'V "1- t~'~..) ~~. -Ji~ . " . ~- - ..,:l: ""- "\::. - 1.A. ~ "'^ ~ .-.'C)~ ~, ........ '" ()IIA ......:.\)..' ORA1... ....... .....'" Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 29, 1988 Page 10 12. 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. 13. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. li!. 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. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property. The motion was carried. b. William and Marilee Matteson - SEi!8-511 - 105 Baxter Road (i!8-15). A motion was made to issue a standard Order to include Special Conditions as follows: ADDITIONAL SPECIAL CONDITIONS WILLIAM AND MARILEE MATTESON DEQE FILE NUMBER SEl.t8-511 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. 310 CMR 10.30(3) of the Wetlands Regulations, promulgated under G.L. c. 131, s. 40, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall, shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. ...,"" { Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 29, 1988 Page 11 ~. The line of snow fencing is to be erected before any other activity at the site. Erected to mitigate for any possible damage to the eroding coastal bank, it will also serve as a limit of construction for work crews. The fencing shall remain in good repair during all phases of construction, and it shall not be removed until all soils are stabilized and seeded or until permission to remove it is given by the Commission. 5. Natural vegetation between the coastal bank and the project site will be left intact. 6. 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. 7. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how the completed plan differs from that shown on the plans referred to in the Order of Conditions. The as-built plan shall include, but not be limited to, the following: all pipe/culvert inverts for inflow and outfalls, pipe slope, size and composition; location of other drainage structures and their composition; limits of fill or alteration; location of structure and pavement within 100 feet of wetland; the edge of the wetland; the grade contours within 100 feet of the wetland. 8. 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 and the Nantucket Wetlands Protection Regulations and may require the submittal of any data deemed necessary by the Commission for that evaluation. 9. The applicant, owners, successors or assignees shall be responsible for maintaining all on-site drainage structures and /~ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 29, 1988 Page 12 : ! i 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. 10. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 11. 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. 12. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 13. 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. 1~. This Order of Conditions shall apply to any successor in interest or successor in control of the property. The motion was carried. 3. Extension Permit a. Jelleme - SE~8-338 - W. Chester St. (l.tl-~83) and change in plans. John Shugrue was present as agent for the applicant and requested an Extension Permit and approval of a minor modification to the original plans. The results of a recent field inspection were read. A motion was made to issue a 2 - year Extension Permit and a letter accepting the change in the plans as a minor ~~"TUCIr't'~ ~,~ ~~, ~ \~.., o 'IJI ~ '" j'l . ~ ," '_~~J ~,,~~~,'Ii) E Oll~...'..":;~.-:" ORA1~....~ ...."..- Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 29, 1988 Page 13 modification: The second dwelling is to be built on the east side of the lot instead of on the west side and tennis courts are no longer part of the plan. Adding tennis courts or any other structure within 100 ft. of the wetlands in the future would require advance written permission from the Commission. The motion was carried. I, ~. Planning Board Referral a. B & G Properties - betw. Sparks Ave. and Orange Street. A motion was made to issue an advisory opinion that this subdivision plan is not subject to the Wetlands Protection Act. The motion was carried. 5. Other Business a. Brushcutting estimate for Long Pond property. An estimate had been submitted by Phil Bartlett. A motion was made to accept the estimate, but to not allow the work to exceed l.t hours. The motion was carried. b. Austin Farms - SEl.t8-336 - (56-5l.t) - detention basin. Ben McKelway explained the confusion and stated that due to an oversight, the final approved plan for the project, revised Oct. 25, 1985, was not cited in the Order of Conditions. This plan effectively did away with the detention basin called for in the Notice of Intent. A motion was made to send a letter to Frank L. Nee, Trustee of Austin Farms Realty Trust, to clarify the situation. The motion was carried. c. Consue Springs Gazebo - advertise for bids to demolish? The Commissioners expressed mixed reactions toward a suggestion to demolish the gazebo. While it was recognized as somewhat of an Island landmark, it was also noted that the tiny gazebo is subject to repeated vandalism and serves as an all too convenient shelter from which to feed a burgeoning number of feral ducks. The Commissioners needed more time to view its condition and decided to report more on it at the next meeting. . . '-....- Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 29, 1988 Page li! d. Announcement: new applications now must include a copy of the deed; receipt of recording Orders of Conditions must be returned to ConCorn office; Nantucket Wetlands Bylaw amrnendment effective date - September 21, 1988 including requirement that abutters be notified by the applicant and submission of certified mail receipts to the ConCorn at opening of the public hearings. e. Greenhill study - Sesachacha Pond - ConCorn vote for $ contribution. A motion was made to contribute $1500 towards the current pond study. Henry Wasierski and Lee Dunn wanted to wait until the full ConCom board was present to decide. Henry wanted it on the record that he was in favor of a contribution. The motion was carried. f. Taylor pier - SEi!8-397 (29-10) - discussion. Ben McKelway summarized some discrepancies in the project underway, the main problem being the permanent section is too long by 15 ft. under the local bylaw. The original Order called for a shorter pier, however, after an appeal, a DEQE Superseding Order was issued allowing it at its present length. Ben said several SHAB members have expressed concern recently. He added Town Counsel said the ConCorn could enforce the original Order as if it never had been appealed if it wanted to. Lee Dunn thought the ConCorn could fight this and probably win. Ben agreed to speak with Mr. Taylor about the controversy and encourage him to attend the next meeting. g. Confirm addresses for Hernpleman complaint. Residential addresses for Commissioners were confirmed. h. Comments, questions from press and public. None. I Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of September 29, 1988 Page 15 6. Correspondence The correspondence summary covering the period since the last meeting was left to be read individually at home. 7. Minutes of September 15, 1988 A motion was made to accept the minutes of September 15t 1988 as written. There being no other business, the meeting adjourned at 10:i!3 PM.