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HomeMy WebLinkAbout1988-10-13 '" ..-...., 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 /--..., 1 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 ,~, . /-...., \ 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; --.......-- '-" I 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. /'""'\ , \ 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. '_. ,_n___ ,~ . \ 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. '-. .~ \ I 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. (-""'i 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 i '- ..,.- - ...-........ ! 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. _. .'" . I 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. i -j /- , '\ 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. i .. " '--- ,-, i 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. --