HomeMy WebLinkAbout1988-10-13
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
AGENDA FOR OCTOBER 13, 1988
A. PUBLIC HEARINGS
1. Michael Bloomberg - SEi!8-512 - 7 St. Elmo Lane (~9-185)
2. Kermit Roosevelt, Jr. et al - Baxter Road (73.1.~-11.1 & 11.2)
3. Roy Bailey - SEi!8-513 - 82 Union Street (55.1.~-i!0)
i!. Mary S. Huffman - Jefferson Ave. (30-~5 & ~6)
5. John Hayes - 3 Fawcett Way (73.1.3 - 17)
B. REGULAR MEETING
i. Requests for Determination
a. E. Crosby Willet - i! Monomoy Creek Road (5i!-1~7)
b. Thomas Crowell - Tennessee Ave.
2. Orders of Conditions
*** OPEN ***
3. Certificates of Compliance
a. Porter Cliff Realty Trust - SEi!8-398 - Folgers Ln.(~2.~.~-33)
~. Other Business
a. Rhoda Weinman - SEi!8-i!39 (25-32) request for minor modification
b. Herb Cabral, Jr. - dredging in Miacomet Pond
c. Consue Springs Gazebo - advertise for bids to demolish?
d. Taylor pier - SEl.t8-397 (29-10) - discussion
e. Brochure decisions
f. Wauwinet pier - SEi!8-i!82 (11-17) inspection results
g. Comments, questions from press and public
5. Correspondence
6. Minutes of September 29, 1988
7. Bills to be paid
8. Field Inspections - set date
a. Sanford office - Zero Washington St. btw i! & ~:30 - important
b. Virginia Linburg - 31 Codfish Park Rd. (73.1.3-11) - NOI
c. Mary Gildehaus - off Hummock Pond Rd. (56-11~) - RFD
d. Mills property - Polpis - 5 separate NOI
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 13, 1988 Page 1
MINUTES OF OCTOBER 13, 1988
The public meeting of October 13, 1988 was called to order at 7:31 PM.
Members present were: Peter W. Dunwiddie - Vice Chairman presiding,
Donald Visco, Granville Cranston and Henry Wasierski. Members absent
were: Bill Willet - Chairman, Lee Dunn and Carl Borchert.
Administrator present: Ben McKelway. Recording secretary: Marcia
Litchfield.
A. PUBLIC HEARINGS
1. Michael Bloomberg - SE~8-512 - 7 St. Elmo Lane (i!9-185). Les
Smith of Daylor Consulting Group was present as agent for the
applicant. Mr. Smith reviewed the events of the last meeting
and then presented 2 new alternatives (referred to as *2 and
*3) dealing with the size of the house.
In alternative *2, approx. 365 sq. ft. of porch had been
lopped off the house thus reducing its footprint, there was now
a 25 ft. buffer and the driveway had been pulled further back
from the wetland. With regards to drainage concerns, there was
now to be a drainage swale going into a catchbasin. With
regards to concerns over transporting the house, Mr. Smith
proposed either using temporary shallow fill or a wood surface.
Alternative *3 placed a new 1200 sq. ft. house on the lot
instead in efforts to get the Commission's reaction and see if
the lot would in some way be buildable. The advantage of this
plan was that no alterations would be necessary, there would be
a 35 ft. setback and the size of the house seemed to be more in
keeping with what the Commission preferred at the last
meeting. Mr. Smith said the lot's present owner wanted to know
if a house of these dimensions would be allowed on the lot.
Peter Dunwiddie thought another house design, such as an "L"
shape, might increase the setback and tend to blend in better
with the small houses neighboring the lot. Ben McKelway
reminded the Commission that a waiver would be necessary while
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 13, 1988 Page 2
pointing out that since Mr. Bloomberg is not the owner here and
only the applicant, then the issue of taking without
compensation could not be valid. Peter thought the Commission
would be making many concessions if the project were allowed to
proceed as proposed with a waiver.
Donald Visco thought there were still lots of other things the
applicant hadn't tried yet to try to fit into a 1200 sq. ft.
footprint. Mr. Smith wanted to know what the significant
differences would be between any other alternatives and these
two. Peter said the Commission was very concerned about setting
a precedent, felt constantly pushed, and he wanted to act to
preserve the integrity of the Bylaw and Regulations, otherwise
they are useless.
The preference of having a shrub/berm buffer rather than a lawn
was discussed. Ben thought wildlife interests were going to be
addressed and wanted to know how drainage would affect wildlife
in the area. Mr. Smith said his inventory showed no rare
wildlife or plant species. He added that, over the years, the
amount of wetlands would increase eventually due to the drainage
swale. He stressed the need to drain the lot which floods
because of past illegal filling. Ben still felt the applicant
must prove the driveway work would not negatively impact on
wildlife.
Donald Visco thought it was odd that the owner wasn't the one
filing the application, but rather the prospective buyer. He
saw a lot of potential problems and felt the request for a
smaller footprint was reasonable. Donald, Henry Wasierski and
Peter Dunwiddie suggested the owner may have grounds for a
lawsuit with the neighbors who have filled wetlands on their
lots.
For the next meeting, the applicant was asked to provide
additional information on:
(1) wildlife and wildlife habitat interests;
(2) a smaller or differently shaped footprint;
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 13, 1988 Page 3
(3) the legality of draining the lot by tying into the Town's
drainage system; and
(i!) specifics which address the hydrology and flooding
conditions in the area.
A motion was made to continue the hearing for additional
information from the applicant. The motion was carried.
2. Kermit Roosevelt, Jr. et al - 3 Baxter Road (73.1.i!-11.1 &
11.2). John Shugrue was present as agent for the applicant and
requested a continuance of the hearing. Donald Visco
abstained.
A motion was made to continue the hearing at the request of the
applicant and for a DEQE file number. The motion was carried.
3. Roy Bailey - SEi!8-513 - 82 Union Street (55.1.~-i!0). Mr. Bailey
was present. Ben McKelway reported that the distance from the
top of the eroding bank to the proposed addition was i!2 - ~3
ft., and the addition would be 5 ft. from the existing fence.
Peter Dunwiddie noted that there is an existing building and a
fence closer to the pond than this addition would be, and
besides, he felt if Mr. Bailey's fence and trees were to remain
intact, then the 8 feet of the addition to be inside the 50 -
foot setback seemed to be negligible since there would be no
negative effect. Ben stated, however, that the Commission
needed a clear showing by the applicant that no other acceptable
alternative or site is available.
Mr. Bailey said the siting had been restricted by his plumbing
layout. Peter Dunwiddie asked if he could shorten the addition
a little. Mr. Bailey said the long walls of the addition were
important for the hanging space in his studio. Donald Visco had
no big problems with the application, adding he was not too
worried about setting a precedent by granting a waiver and the
Commission would likely be seeing more of that in the future.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 13, 1988 Page i!
Peter Dunwiddie asked the applicant to spell out exactly why any
other alternatives would not work, recommended he consult with
his agent, Tina Coughanour, not present tonight, and present
this information at the next meeting. Mr. Bailey agreed to
do so.
A motion was made to continue the hearing for more information
from the applicant. The motion was carried.
i!. Mary S. Huffman - Jefferson Ave. (30-i!5 & ~6). John Newman was
present as agent for the applicant and presented the original
plan with a reduced addition and surrounding houses now drawn in
on it. He reduced the size of the addition by drawing on the
plan during the meeting. He also said there would be a roof
over the porch and walkway.
Donald Visco said owners of lawfully existing structures have a
right to maintain their parking areas when windblown sand is a
problem. Peter Dunwiddie did not think the proposed addition
and clearing of the parking area would impede natural dune
transport, but recommended waiting for the applicant's agent,
Tina Coughanour, to be present again to address the Barrier
Beach, Coastal Dune and Coastal Beach issues so as to avoid any
possible DEQE appeal later on.
A memo from Ben McKelway was reviewed stating that, under the
local regulations, if the ConCorn determined the area to be
significant as a barrier beach, then there could not be any
periodic sand removal for maintenance, the beach must be
completely returned to its original form and volume, and fill
would only be allowed if used for beach and dune nourishment.
Additionally, there could be no new construction permitted
within 50 ft. of a coastal dune and any activity allowed on a
coastal dune or within 100 ft. of a dune would be restricted to
such activity that is determined by the ConCom not to have any
adverse effect on the dune by interfering with the landward or
lateral movement of the dune.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 13, 1988 Page 5
For the next meeting, the applicant was asked to:
(1) address the issues of Barrier Beach, Coastal Dune and
Coastal Beach as they apply to this application;
(2) under the state regulations, present clear evidence that
the site does not playa role in storm damage prevention, flood
control or the protection of wildlife habitat; and
(3) under the local regulations, present clear evidence that
the barrier beach does not play a role in protecting one or more
of the interests in those regulations.
A motion was made to continue the hearing for more information
from the applicant and a DEQE file number. The motion was
carried.
5. John Hayes - 3 Fawcett Way (73.1.3-17). Richard Green was
present as agent for the applicant and gave a brief description
of the project to construct a deck and chimney. The results of
a recent field inspection were read.
Under the Nantucket Wetlands Bylaw ammendment of May 25, 1988
Town Meeting, Art. 95, approved Sept. 21, 1988, this applicant
was the first one to be required to notify all abutters and
submit evidence of such. Mr. Green had prepared his submission
by neatly stapling all certified mail slips postmarked Oct. 7,
1988 to the Assessor's list of abutters. Mr. Green submitted
only 3 of the 7 return receipt green cards stating the others
had not come back yet probably because the owners lived
off-island.
At this opportunity, the Commission discussed the exact wording
in the Bylaw which states the return receipt cards shall be
presented to the Commission at the opening of the public
hearing. The practicality of asking that they all be back
at the opening of the hearing was questioned. The Bylaw also
states the notice to abutters must be mailed at least 7 days
prior to the first hearing date.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 13, 1988 Page 6
After some discussion, the Commission decided to set a policy
that as long as the list of abutters, all the postmarked slips
and as many of the return receipt cards that had come back were
submitted at the first hearing and the applicant submitted all
other return receipt cards as they came back to him, then the
Bylaw will have been complied with in assuring that notice had
been mailed to abutters. The slips should be postmarked at
least 5 days before the meeting. The members agreed that the
time, distance and numerous on- and off- island addresses of
property owners might delay the hearings if the Bylaw were
interpreted literally.
After some review, the ConCom saw no problems with the
application. A motion was made to continue the hearing for a
DEQE file number. The motion was carried.
B. REGULAR MEETING
1. Requests for Determination
a. E. Crosby Willet - i! Monomoy Creek Road (5i!-1~7). The
results of a recent field inspection were read. 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. Thomas Crowell - Tennessee Ave. (60.1.2-17). The results
of a recent field inspection were read. 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 included a note to be added
stating, "however, all cutting within 25 feet of the salt marsh
shall be done by hand." The motion was carried.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 13, 1988 Page 7
2. Orders of Conditions
*** NONE ***
3. Certificates of Compliance
a. Porter Cliff Realty Trust - SE48-398 - Folgers Lane
(i!2.i!.i!-33). Leo Asadoorian of Nantucket Surveyors was present
as agent for the applicant and submitted a letter with a
marked-up plan which addressed concerns about the sediment
filter and as-built plans. Mr. Asadoorian hoped the updated
plan submitted in lieu of an as-built plan would be more than
adequate for the ConCom to issue a Certificate and stated that
when the complete set of as-built plans had been prepared as per
Planning Board requirements, expected to take several months,
they would be forwarded to the Commission. He said the drainage
and catchbasins all worked fine.
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.
i!. Other Business
a. Rhoda Weinman - SE48-439 - (25-32) - request for minor
modification. Ben McKelway said Ms. Weinman's request had been
postponed until the meeting of Oct. 27, 1988.
b. Herb Cabral, Jr. - dredging in Miacomet Pond. Mr. Cabral
was present and described what the effects would be on the water
level in the upper part of Miacornet Pond by the proposed
dredging activities.
Peter Dunwiddie asked if he would just be removing cattails or
also dredging the pond. Mr. Cabral said both, but he was not
planning to go all the way across the pond. He planned to use
an excavator for the work and would haul the spoils offsite. He
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 13, 1988 Page 8
added the request to dredge was being made on behalf of several
area residents including the Rays, Beaumonts, and the Ray's
neighbor. With regards to grading, Mr. Cabral said he preferred
to leave a gradual slope.
Mr. Cabral was asked to provide the following more specific
information for the next meeting:
(1) where the dredge spoils are to be taken;
(2) written permission from all parties who will benefit from
the activity;
(3) a list of plant species to be removed (Peter will view
site) ;
(i!) a plan showing the finished grade and slope;
(5) a plan showing the exact area where the dredging will
occur; and
(6) the depth to be dredged.
c. Consue Springs Gazebo - advertise for bids to demolish?
Henry Wasierski had received an informal offer before the
meeting from Ron DaSilva, a private building contractor, to go
look at the building to see how much work it needed. Mr.
DaSilva didn't want to see it just torn down. Donald Visco
suggested using wolrnanized building stock so it wouldn't rot.
Discussion ensued about how the property is used, its aesthetic
characteristics and maintenance. Peter Dunwiddie suggested
hiring someone to pick up trash periodically or to ask the
Nantucket DPW if a trash barrel could be placed there. Ben
McKelway agreed to ask the DPW about it. Donald Visco
questioned the wisdom of encouraging continued duck feeding by
the public. A suggestion was made to look into making 1 or 2
legal parking places on this dangerous corner. Since it is
essentially an urban park and an open, wild place available
close to Town, Ben was asked to contact the Nantucket Parks and
Recreation Commission to see if they might have any interest in
helping maintain the property.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 13, 1988 Page 9
Neighbor Diane Coombs said Consue is an important urban
recreation area used by families with small children. She
thought there had always been about the same number of ducks
there. She added there was a great deal of interest by area
residents and thought their energy might be tapped in rebuilding
the gazebo.
A decision was made to continue discussion at the next meeting.
d. Taylor pier - SE~8-397 (29-10). Joseph Forns of Applied
Marine Ecology Lab was present as agent for the applicant. Ben
McKelway summarized existing conditions at the completed pier
which violated the local Bylaw by being 15 ft. too long.
Mr. Forns gave a history of the project wherein the ConCorn had
imposed 7 Special Conditions, the decision was appealed under
the state law only by island resident Diane Coombs, and in turn
DEQE issued a Superseding Order of Conditions. Mr. Forns said
the main issue here tonight is whether extreme low water (ELW)
is really a line or an area. He said where it is depends
greatly on the winds, tides, weather conditions and moon phase,
for instance.
Peter Dunwiddie pointed out that the Superseding Order does not
supersede or nullify the Local Bylaw or regulations. He said it
is the responsibility of the applicant to reconcile any
differences between them. Mr. Forns claimed the final
mitigating plan was submitted and approved by the Commission
during a DEQE site visit attended by DEQE agents and several
commissioners. Peter stressed, though, that what goes on at a
site inspection never constitutes a formal decision by the
Commission and he was mistaken. Mr. Forns thought that DEQE
issues its Superseding Orders with the cooperation of local
Commissions and offered to produce a list of names of all those
present at the site visit that day. Ben, Peter and Donald Visco
all stressed that DEQE can and does issue Superseding Orders
without local approval or adherence to the local Bylaw.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 13, 1988 Page 10
Peter asked Mr. Forns to file a request for a minor modification
to the original Order of Conditions stating clearly the changes
and that, if granted, would bring the pier into compliance with
the local Bylaw. He said the ConCom could ask him to remove the
pier if they so decided. Mr. Forns agreed to supply the
request.
Citizen Stephen Bender spoke at length arguing the distance
betweeen ELW and mean low water (MLW) was i!0 ft., not 15 ft as
Ben had stated. He had taken the liberty of walking out the
pier on Oct. 10, 1988 at 7 AM - an extreme low tide under a new
moon, citing Eldredge's Tide Chart. He found the distance
between the fixed portion of the pier and ELW was 80-90 ft, and
claimed, therefore, that the pier was i!0-50 ft. past ELW. Mr.
Bender contended that the applicant wanted a pier of a certain
length, went ahead and built it that way and was probably
laughing at the Commission now. He said he planned to go out
again at 6 AM on Oct. 25, 1988 on a low tide under a full moon.
Mr. Forns stood up and said Mr. Bender was forbidden to
tresspass on Taylor's property without the owner's permission.
Mr. Bender said he would then go by boat.
Mr. Forns still thought there was an issue of semantics, a land
surveyor had determined where the ELW and MLW lines were and he
could only trust his surveyors' datum figures and what they
certified. Henry Wasierski wanted to check the site on 3
different tides. Donald Visco said the lines on the plans are
arbitrary and wanted to measure the pier. Ben McKelway said the
Commission's Order could have stated a maximum length in feet
for the permanent section of the pier, but didn't. Instead it
stated that the permanent section should stop at the ELW line as
shown on the plan. The point, he said, is not whether the line
is drawn in the right place but how far the pier extends over
the line, which is drawn 95 feet from the bulkhead. The plan
says the pier is 110 feet long.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of October 13, 1988 Page 11
e. Brochure decisions. Various ways to send out the brochure
were discussed. Ben McKelway agreed to ask the Postmaster about
how to mail to all postal patrons and how the 3 different zip
codes are dealt with. A motion was made to do one mailing to
all postal patrons, to run one half-page ad in the Inquirer and
Mirror, and to order 5000 copies of the brochure printed up by
Waterford Printing in Falmouth. The motion was carried.
f. Wauwinet pier - SE~8-~82 (11-17) - inspection results.
Henry Wasierski had inspected the site and said a representative
would be presenting an as-built plan at the next meeting.
g. Comments, questions from press and public. None.
5. Correspondence
The correspondence summary covering the period since the last
meeting was left to be read individually at home.
6. Minutes of September 29, 1988.
A motion was made to wait until the next meeting to accept the
minutes.
There being no other business, the meeting adjourned at 10:20 PM.
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