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HomeMy WebLinkAbout1988-10-27 ..-..... . ) Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 AGENDA FOR OCTOBER 27, 1988 A. PUBLIC HEARINGS 1. Michael Bloomberg - SE~8-512 - 7 St. Elmo Lane (i!9-185) 2. Kermit Roosevelt, Jr. et al - Baxter Rd (73.1.l.t-ll.1 & 11.2) 3. Roy Bailey - SEi!8-513 - 82 Union Street (55.1.i!-i!0) i!. Mary S. Huffman - SE48-515 - Jefferson Ave. (30-i!5 & i!6) 5. John Hayes - SEi!8-516 - 3 Fawcett Way (73.1.3 - 17) 6. Virginia Linburg - SE~8-51l.t - 31 Codfish Pk Rd (73.1.3-11) 7. West Harborfront Nominee Tr. - Lot 20 - Polpis Rd. (26-22) 8. Quaise Pasture Nominee Tr. - Lot 21 - Polpis Rd. (26-22) 9. Mako Nominee Trust - Lot 22 - Polpis Rd. (26-22) 10. Shallow Harbor Nom. Tr.- SE~8-517 - Lot 23 - Polpis Rd. (26-22) B. REGULAR MEETING 1. Requests for Determination a. Mary Gildehaus - off Hummock Pond Rd. (56-11i!) 2. Orders of Conditions *** OPEN *** 3. Extension Permit a. Long Pond Realty Trust - SEi!8-321 (59-28) b. Robert Hamilton - SEi!8-34i! - 2~~ Madaket Road ~. Other Business a. Rhoda Weinman - SEi!8-i!39 (25-32) request for minor modif b. Herb Cabral, Jr. - dredging in Miacomet Pond c. Consue Springs Gazebo - offers to rebuild d. Taylor pier - SEi!8-397 (29-10) - discussion e. Brochure -- 6,000 OK? f. Wauwinet pier - SE48-i!82 (11-17) inspection results g. Surfside SEl.t8-380 and Siasconset Sewerbeds SEl.t8-3Bl - modif h. Long Pond Realty Trust - SE~8-321 (59-28) - minor modif. i. Robert Hamilton - SEl.t8-3i!~ - 2~i! Madaket Road - mnr modif. j. Bob Frame - pres. info on Bewkes subdiv - Cisco (82-20) k. NE Tel Co. - replacement of lines, Madaket Road 1. Ellen Flamm - SEl.t8-l.t51 - Squam (13-2~) - minor modification rn. FY 1990 Budget preparation - arrange rntg wi Henry Wasierski n. Comments, questions from press and public 5. Correspondence 6. Minutes of September 29, 1988 Minutes of October 13, 1988 7. Bills to be paid 8. Field Inspections - set date a. Sanford office - Zero Washington St. btw l.t & ~:30 - important ~ ,--... { 1 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 1 MINUTES OF OCTOBER 27, 1988 The regular meeting of October 27, 1988 was called to order at 7:31 PM. Members present were: Bill Willet - Chairman, Peter W. Dunwiddie, Henry Wasierski, Carl Borchert, Lee Dunn. Members absent were: Donald Visco, Granville Cranston. Administrator present: Ben McKelway. Recording Secretary: Marcia Litchfield. I' A. PUBLIC HEARINGS 1. Michael Bloomberg - SEi!8-512 - 7 St. Elmo Lane (l.t9-185). Lisa Standley from Daylor Consulting Group was present as agent for the applicant and presented 2 additional alternative plans, referred to as #l.t and #5, both of which placed a new dwelling in one corner of the lot, had finished grading and proposed no wetland filling. Alternative plan #~ depicted a 750 sq ft dwelling which the applicant considered both unlivable andunbuildable. It was positioned outside the 50 ft setback. Alternative plan #5 depicted a 1139 sq ft dwelling located mostly outside the setback, except for some portions which were inside it by 9 - 13 ft. The driveway would be 25 ft away from the wetland boundary. Ms. Standley requested a waiver from the 50 ft wetlands setback for dwellings in order to proceed with alternative plan #5. Peter Dunwiddie asked Ms. Standley how she would characterize this wetland and what the yard would be like. She said she had visited the site in March 1988 and characterized it as a transitional shrub thicket having marginal wetland value. Although plans for the yard were not complete at this time, she assured the Commission that a 25 ft. wide undisturbed buffer would be maintained and if there was to be a lawn, it would be outside that buffer. --- r _____ , ~ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 2 Lee Dunn asked why alternative plan #~ wasn't buildable. Ms. Standley stated that the small, odd room dimensions did not conform with standard carpeting and wallboard sizes and were generally awkwardly-shaped. However, the applicant preferred that this plan be approved over none at all. Lee said all that was really needed was an architect with a little more imagination and sensitivity towards the wetland who could design a house to fit outside the 50 ft setback. Bill Willet wanted to know how the project would avoid a negative impact on wildlife. Ms. Standley said there would be no filling and proceeded to draw on the chalkboard the drainage characteristics of the lot. She went on to say the applicant was reluctant to spend any money to investigate tying into the town septic system until he knew he could build something on the lot. Carl Borchert thought a variance was unnecessary since alternative #~, positioned outside the 50 ft. buffer, had been presented as a possibility. Lee Dunn thought it was odd that many of the building lines were parallel to the lot lines and that there were plenty of other design alternatives. Peter Dunwiddie thought a couple of the tiny corners could have been eliminated from the design which would allow larger rooms and only a 1 - 2 ft. encroachment into the 50 ft setback. It was noted that one of the neighbors' houses was only 832 sq. ft. The general consensus favored alternative plan #l.t and had no problems with the driveway access as presented tonight. Henry Wasierski added that the smaller size was appropriate for Siasconset with its many tiny cottages and that people have found them quite habitable for a long time. A motion was made to ask the applicant to provide the following additional information at the next meeting: (1) plan and cross-section of driveway showing grading and changes '- , -...., I Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 3 (2) erosion control measures (3) an alternative #6, if desired, measuring less than 900 sq. ft. The motion was carried. 2. Kermit Roosevelt, Jr. et al - Baxter Road (73.1.i!-11.1 & 11.2). A motion was made to continue the hearing for a DEQE file number. The motion was carried. 3. Roy Bailey - SEi!8-513 - 82 Union Street (55.1.i! - 40). Roy Bailey was present to describe a more detailed plan of the studio layout. Lee Dunn said his opinion about the 50 ft. setback and the need for a waiver had changed since the last meeting. Mr Bailey said again he was really crammed for space and this was the only reasonable plan he could use. . He said it would be a hardship to lose the wallspace used to display his artwork, he was confined by the plumbing layout and the addition, if positioned differently, would block his living room. He agreed to keep the trees and fence as they were. Carl Borchert felt that since this was an addition to an existing dwelling and was also a minor deviation from the regulations which had been dete~1TIined by the ConCom to not have any negative impacts, then it was an appropriate candidate for a waiver. A motion was made to close the hearing. The motion was carried. l.t. Mary S. Huffman - SE48-515 - Jefferson Ave. (30-45 & i!6). Agent for the applicant, John Newman, had requested in a letter dated Oct 26, 1988 that the hearing be continued until Tina Coughanour could be present. A motion was made to continue the hearing at the applicant's request. The motion was carried. ....-) I -, " Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page ~ 5. John Hayes - SEi!8-516 - 3 Fawcett Way (73.1.3-17). Richard Green was present as agent for the applicant. A motion was made to close the hearing. The motion was carried. 6. Virginia Linburg - SEi!8-51i! - 31 Codfish Park Road (73.1.3-11). John Shugrue was present as agent for the applicant. The results of a recent field inspection were read which mentioned an estimated 15 ft. of shore front lost from 1938 to 1970. The report also posed questions about impact on wetland scenic views, where the true coastal bank was, which flood zone this was in, whether pilings were necessary and the distance between the dune and the new leaching field. Mr Shugrue said the old shacks were ready to fall down. He stated the maximum height of the new dwelling would be between 2i! and 25 ft. He said the new septic system will meet Title V, but didn't want to discuss the condition of the old one there now. There was some concern about the house being too close to the dune and it would require a waiver. Mr. Shugrue had tried to pull it back as far as possible, but ran into sideyard setback constraints. Carl Borchert felt it was too close to the dune, plain and simple. A motion was made to continue the hearing until December 1, 1988 for the following additional information from the applicant: (1) alternative house plans showing several different footprints which do not have any patios, lawns or decks and are as far away from the dune as possible (2) house plans of a height of 25 ft. or lower The motion was carried. 7. West Harborfront Nominee Trust - Lot 20, Polpis Road (26-22). Lee Dunn abstained from the hearing. Melissa Philbrick of Vaughan, Dale and Philbrick was present as agent for the I -.." ) Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 5 applicant. Tina Coughanour of IEP, wetlands geologist hired by the applicant, would not be present until the November 10, 1988 meeting. Ms. Philbrick gave a brief overview of all 5 lots covering 32 acres. There were 3 places where waivers would be needed. She said the envelopes were purposely oversized to allow for flexibility on siting the dwellings within them, but some of the lots show specific footprints. Ms. Philbrick stated Lot 20 is 7.7 acres and the building envelope is right at the 50 ft. wetlands setback line. There would be a 26 ft. ridge line elevation and no waivers would be necessary on this lot. She stressed the applicant's desire to comply with ConCom regulations. After viewing the plans, Peter Dunwiddie, a plant ecologist, questioned some of the wetlands boundaries and thought they needed to be confirmed in the field. He saw no margin for error in that the envelopes were exactly 50 ft. from the boundaries. Peter agreed to check the boundaries himself and so note any deviations both in the field with his own flags and on the plans. He said, however, that because the brushcutting had in places occurred right down to the edge of the wetland, determining some of the boundaries might be difficult. Bill Willet and Ben McKelway agreed to go with him. The consensus was to get the wetland boundaries defined satisfactorily first, and then proceed with the rest of the hearing. A motion was made to continue the hearing for more accurate wetland boundary delineations, more review and a DEQE file number. The motion was carried. 8. Quaise Pasture Nominee Trust - Lot 21, Polpis Road (26-22). Lee Dunn abstained from the hearing. Melissa Philbrick of Vaughan, Dale and Philbrick was present as agent for the applicant. Tina Coughanour of IEP, wetlands geologist hired by the applicant, would not be present until the November 10, 1988 meeting. Ms. Philbrick gave a brief overview of all 5 lots covering 32 acres. There were 3 places where she said waivers would be needed. She said the envelopes were purposely oversized to allow for } --..... "--..,, " ~ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 6 flexibility on siting the dwellings within them, but some of the lots show specific footprints. Ms Philbrick said this lot has a 3000 sq. ft. building envelope, a 750 ft.-long driveway and an onsite septic system with a lift pump and a 700 ft.-long pipe. A variance would be needed for 130 ft. of the driveway which crosses and/or comes within 25 ft. of a wetland at various points. She said the driveway was placed so as to minimize potential impact on wetland wildlife habitat. Peter Dunwiddie was disturbed by not being able to move the envelope at all because every point was at the 50 ft. setback from wetlands. This leaves no margin for error, which, in the field during construction, often errs on the side of the wetland. Carl Borchert felt strongly about there being a 25 ft. undisturbed buffer and was also not convinced this was the only possible driveway route. Carl did not favor a waiver. Peter agreed to check the boundaries himself and so note any deviations both in the field with his own flags and on the plans. He said, however, that because the brushcutting had in places occurred right down to the edge of the wetland, determining some of the boundaries might be difficult. Bill Willet and Ben McKelway agreed to go with him. The consensus was to get the wetland boundaries defined satisfactorily first, and then proceed with the rest of the hearing. A motion was made to continue the hearing for more accurate wetland boundary delineations, more review and a DEQE file number. The motion was carried. 9. Mako Nominee Trust - Lot 22, Polpis Road (26-22). Lee Dunn abstained from the hearing. Melissa Philbrick of Vaughan, Dale and Philbrick was present as agent for the applicant. Tina Coughanour of IEP, wetlands geologist hired by the applicant, would not be present until the November 10, 1988 meeting. Ms. Philbrick gave a brief overview of all 5 lots covering 32 acres. There were 3 places where waivers would be needed. She said the ,) - .4r-.... , ) Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 7 envelopes were purposely oversized to allow for flexibility on siting the dwellings within them, but some of the lots show specific footprints. , Ms Philbrick said this was the smallest of the 5 lots, being 1.62 acres. Jeff Blackwell added that none of the lots had any rights on nearby Quaise Pasture Road. Again, there was concern over the wetland boundaries and building envelope setback. Peter agreed to check the boundaries himself and so note any deviations both in the field with his own flags and on the plans. He said, however, that because the brushcutting had in places occurred right down to the edge of the wetland, determining some of the boundaries might be difficult. Bill Willet and Ben McKelway agreed to go with him. The consensus was to get the wetlands boundaries defined satisfactorily first, and then proceed with the rest of the hearing. A motion was made to continue the hearing for more accurate wetland boundary delineations, more review and a DEQE file number. The motion was carried. 10. Shallow Harbor Nominee Trust - SE~8-517 - Lot 23, Polpis Road (26-22). Lee Dunn abstained from the hearing. Melissa Philbrick of Vaughan, Dale and Philbrick was present as agent for the applicant. Tina Coughanour of IEP, wetlands geologist hired by the applicant, would not be present until the November 10, 1988 meeting. Ms. Philbrick gave a brief overview of all 5 lots covering 32 acres. There were 3 places where waivers would be needed. She said the envelopes were purposely oversized to allow for flexibility on siting the dwellings within them, but some of the lots show specific footprints. Carl Borchert noted that the haybales were located within the 25 ft. undisturbed buffer zone and wanted them moved further away. Again, there was concern over the wetland boundaries and building envelope setback. Peter agreed to check the boundaries himself and so note any deviations both in the field with his own flags and on the plans. He said, however, that because the brushcutting had in places occurred right down to the edge of the /---, , I Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 8 wetland, determining some of the boundaries might be Bill Willet and Ben McKelway agreed to go with him. consensus was to get the wetland boundaries defined satisfactorily first, and then proceed with the rest hearing. difficult. The of the A motion was made to continue the hearing for more accurate wetland boundary delineations, more review and a DEQE file number. The motion was carried. B. REGULAR MEETING 1. Requests for Determination a. Mary Gildehaus - off Hummock Pond Road (56-11~). A motion was made to issue a positive Determination stating that all 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. The motion was carried. 2. Orders of Conditions a. John Hayes - SEi!8-516 - 3 Fawcett Way (73.1.3-17). A motion was made to issue a standard Order of Conditions to include the following Special Conditions: ADDITIONAL SPECIAL CONDITIONS JOHN HAYES DEQE FILE NUMBER SEl.t8-516 ASSESSOR'S MAP 73.1.3, PARCEL 17 The project is approved in accordance with the Abbreviated 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: I _..1 I~ . I Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 9 3. Section 30(3) of the Wetlands Regulations, promulgated under G.L. c. 131, s. i!0, 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. ~. Prior to any activity at the site, a line of snowfence shall be erected 25 feet or less from the edge of the proposed deck and parallel to the coastal beach. This fence, which shall remain in good repair throughout all phases of construction, shall serve to protect the dune area and shall also serve as a limit for work crews. It shall not be removed until all soils are stabilized or until permission to remove it is given by the Commission. Natural vegetation between the fence and the project site shall be disturbed as little as possible. 5. 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 Regulations and may require the submittal of any data deemed necessary by the Commission for that evaluation. 6. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 7. 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. 8. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 9. Any refuse material found on the site shall be disposed of at an approved landfill and in no case will these materials j _.. () Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 10 be buried or disposed of in or near the area designated as wetland. 10. 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. Long Pond Realty Trust - SEi!8-321 - 2 Long Pond Drive (59-28). (see also ii!-h below) Melissa Philbrick of Vaughan, Dale and Philbrick and Glen Wills of Nantucket Surveyors were present as agents for the applicant. Ms. Philbrick stated that the owners, the Briskmans, could not be present at tonight's meeting. Due to financial and personal reasons, they had been unable to proceed with the construction of their dwelling, but expected to be able to do so within the next 3 years. Ms. Philbrick requested the ConCom's understanding of their personal circumstances and a 3-year extension to the original Order of Conditions. Ben McKelway pointed out that the Commission was not obligated to grant the extension if no work had begun, and suggested this might be a good time to exercise this option in order to give the new wetlands regulations more influence. He said as the Order reads now, the house will be approx. 19 ft. away from the wetland boundary as shown on the approved plan. Lee Dunn wanted to deny the request for an extension and require the applicant to file a new Notice of Intent. He couldn't understand why a house couldn't have been designed to conform to the wetland setbacks. Peter sensed the ConCorn would likely be more lenient by granting the extension, than if it were denied and a new Notice of Intent was filed. He stressed his preference for reviewing an application like this under the new regulations in the best interest of protecting wetlands and maintaining the integrity of those regulations. .- ('--.... ') Town of Nantucket ,Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 11 Glen Wills said that when this Order was issued, only a building footprint was approved, as was customary back then. However, nowadays, Notices of Intent usually file a full house plan and are usually subject to stricter scrutiny. Peter still felt there must be at least a 25 ft. undisturbed buffer. A motion was made to request the applicant to present the following information at the next meeting of November 10, 1988: (1) siltation measures drawn in on the plan leaving a 25 ft. buffer from the wetland; (2) a height restriction on the dwelling of 26 ft. The motion was carried. b. Robert Hamilton - SEi!8-3i!4 - 2i!4 Madaket Road (59.i!-118). (see also #4-i below) Mr. Hamilton was present to request an Extension Permit. The original Order had approved only a building footprint and once he actually tried to fit a dwelling inside it, he had trouble. He presented a house site plan which positioned the deck inside the 50 ft. buffer by 3 ft. He thought he could complete the house within 1 year from the expiration of the original order. A motion was made to issue a i-year Extension Permit to expire on February 12, 1990 and to send a letter accepting a minor modification (see #i!-i below). The motion was carried. l.t. Other Business a. Rhoda Weinman - SEi!8-i!39 - (25-32) request for minor modification. Ms. Weinman, who had asked to be put on the agenda, was not present. No specific plan had been received by the Commission. No action taken. b. Herb Cabral, Jr. - dredging in Miacornet Pond. Mr. Cabral was not present. However, neighbors Dr. and Mrs. John Fisher were present to ask questions about the proposed work. The Commission , .-;. '-- "\ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 12 explained that most of their questions would have been addressed tonight had Mr. Cabral shown up. The Fishers were concerned about the possible impact of the work on their property and the fact that in the past they had spent a lot of money on a similar project. c. Consue Springs Gazebo - offers to rebuild. Ben McKelway said everything he would have reported was in tonight's issue of the Inquirer and Mirror and more news would be presented at the next meeting. d. Taylor pier - SEi!8-397 - (29-10) discussion. Joseph Forns of Applied Marine Ecology Lab was present as agent for the applicant. Diane Coombs of SHAB was present with Stephen Bender and Jim Gross to object to the pier and address concerns to the fishing industry. A letter dated October 25, 1988 from Mr. Forns to the Commission was read which addressed current concerns by SHAB, members of the community and the Commission. At issue was the length of the pier which appeared to have been built in violation of the local bylaw by being 15ft. too long. In an effort to resolve the apparent confusion between the ELW line on the plan and the elevations which demark actual ELW, the letter requested a minor modification to the original Order of Conditions issued by the ConCom which would then conform to the DEQE superseding Order and Chapter 91 license issued by DEQE. A lengthy round of accusations, misunderstandings and lively discussion followed between Mr. Forns, the Commission and private citizens. Mr. Forns stressed that he all along had tried to be above board with every step of the pier project and did not believe that what was finally built was substantially different from the original ConCorn-approved plans. Bill Willet had measured 110'10" to the end of the fixed pier recently. Lee Dunn thought it seemed the ConCom should have specified a linear footage for the finished pier, however when the Commission reviews plans, they usually are led to trust the } -" I') Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 13 various figures and lines as drawn by engineers as being true. He thought there had been a good faith misunderstanding, but that the local bylaw had indeed been overlooked. Carl Borchert wished to correct the record about what went on at the DEQE site visit on June 10, 1987 at which Mr. Forns claimed both the ConCom and DEQE had conferred on an acceptable pier plan. Carl said he was not in favor of the pier at that time and neither was Lucy Leske, a former Commission member. There had been no general consensus amongst those present at that visit, and even if there was it would not have constituted a formal ConCorn approval or decision of any kind. Peter Dunwiddie said even if the ConCom had reviewed any revised plans along the way, that review in itself would not constitute an approval. Mr Forns explained that DEQE prefers that piers be long enough to avoid future maintenance dredging and siltation. He said he never knew he needed to request an amended Order of Conditions under the local bylaw because of the lengthy review period left open by DEQE prior to issuance of the Superseding Order and the Chapter 91 license. He thought the Commission had been reviewing the process and had had ample opportunity to address any problems well in advance of this. Ben McKelway said, in all fairness to Mr. Forns, that the ConCorn office had been notified by phone on September 22, 1988 that work on the pier was about to begin, and perhaps if he had sensed the potential for conflict then, he could have headed it off. Carl Borchert asked Mr. Forns if the applicant would consider taking off the 15 ft. Mr. Forns felt the shellfish habitat was much better protected if the float was not sitting on the bottom and offered to produce scientific evidence in favor of leaving the pier the way it was. Peter Dunwiddie asked if sheer length of piers and structures projecting into public waterways is not an issue everywhere nowadays and public controversies are common. The fact that the pier was lengthened by 15 ft over what was understood in the original Order was what gave rise to this current public concern. /"1 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 1~ Peter felt Mr. Forns had been remiss in not bringing to the Commission's attention the fact that there would be a discrepancy in the length. Mr Forns was wary of agreeing to shorten the pier because he feared additional conflict by violating the DEQE Superseding Order and the Chapter 91 license already issued. He was also concerned about impacting on the resource areas. Diane Coombs, a Shellfish Advisory Board (SHAB) member, read a letter dated April, 1987 which was missing from ConCom's files from John Stackpole, head of SHAB at the time, stating SHAB's objections to the proposed pier. She had spoken with Brad Barr of Mass. CZM and recalled 7 scallopers who claimed this site was the richest scallop area on Hulbert Ave. Diane added that the Nantucket Marine Department was never approached by the applicant for permission to move scallops out of the affected area before starting work, as was required by the Order. In addition, she said it's impossible to harvest any scallops here now because the pilings get in the way of the dredges and the pier is too low to get under. It's even inaccessible to those with family permits. Discussion followed comparing this pier with Macomber's pier nearby. Peter Dunwiddie asked Ms Coombs, if the pier was floating for the outer 15 ft, would it have more or less impact on the scalloping and eel grass beds. She thought it would be too low, would shut out too much light and neither would grow well. She said scallop beds need to be farmed to stay healthy. Jim Gross presented a clearer description of the problem. He said the outer pilings are right in the way of a tow along the sand just outside the eelgrass, which is where the scallops are. He suggested shortening the pier to comply with the bylaw and using seasonally removed anchors instead of pilings to secure the outer section. He thought the original Order of Conditions had been violated. Henry Wasierski noticed that it said right on License Plan #1796, approved by DEQE on May 7, 1988, that the piles are to be seasonal. Mr. Forns agreed to take out all pilings except those - /,-....... I Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 15 holding up the fixed portion of the pier every fall by October 15 and replace them every spring no later than May 15. He said they could be jetted in, and might be changed from wood to steel. For this fall, he agreed to remove the pilings as soon as a contractor could be obtained for the job. Stephen Bender read from a recent issue of the MACC Newsletter which pointed out that DEQE Superseding Orders do not invalidate the powers of Orders written under local bylaws. He said the extra 15 ft is a matter of principle and if Mr Taylor could afford a pier this size, then he could also afford to shorten it. Lee Dunn felt the extra 15 ft should corne out and everything beyond the permanent section should be seasonal like it says on the plans. A motion was made to send a letter to Mr. Taylor asking him to remove the 15 ft because it violated the ConCom's own Order of Conditions. The motion was carried. Mr Forns became very upset, accused the ConCom of making a serious mistake and threatened that Mr Taylor would appeal. e. Brochure -- 6,000 OK? Ben McKelway wanted to order an extra 1,000 copies costing $75 so we wouldn't run out as soon. The Commission told him to go ahead. f. Wauwinet pier - SEl.t8-~82 - (11-17) inspection results. No representative was present, so discussion was postponed until the next meeting. g. Surfside SE~8-380 and Siasconset SE~8-381 Sewerbeds - modification. Norman Lanman, Administrator for the Surfside and Siasconset Wastewater Treatment Plant Project, was present to request a modification to the original approved plans. With the Siasconset project, he wanted to know ahead of time whether moving the beds closer to the resource area was within the realm of possibility. He presented aerial photos of the coastline at Low Beach taken in 1975, 1983 and 1988. He felt the erosion rate could be a matter of concern, but from the photos it I f (\ , t Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 16 looked as though the average width of the beach seemed to stay constant even though the point where the rip came into the beach moved north and south periodically. There was discussion about a pending appeal from an abutter concerned with the visibility of the beds, Nantucket Zoning Board of Appeals complications, and the urgent need for the facility now. Mr Lanman said raw sewerage was being pumped out now and there wasn't even a flowage meter. The general consensus was that the changes would be considered minor to the original Order, but the Commission would need everything in writing including plans clearly depicting the changes. Mr Lanman agreed to write a letter outlining the changes discussed tonight and submit it at the next meeting. h. Long Pond Realty Trust - SE~8-321 (59-28) - minor modification. (see also #3-a above) Melissa Philbrick of Vaughan, Dale and Philbrick and Glen Wills of Nantucket Surveyors were present as agents for the applicant. Ms. Philbrick stated that the owners, the Briskrnans, could not be present at tonight's meeting. Mr Wills explained that the septic system had been redesigned to meet the new Nantucket Board of Health regulations governing groundwater separation. Lee Dunn wanted to see a 25 ft undisturbed buffer. Mr. Wills said this would be impossible. Ben McKelway pointed out that DEQE prefers ConCorns to reopen hearings and issue amended Orders of Conditions in cases like this, rather than accept minor modifications. A motion was made to ask the applicant for additional information as noted in #3-a above before considering the revised septic plan. The motion was carried. i. Robert Hamilton - SEi!8-3l.tl.t - 2~l.t Madaket Road - minor modification. (see also #3-b above) After discussion about issuing a l-year Extension Permit and reviewing a revised house siting plan submitted tonight, a motion was made to send a letter accepting that plan as a minor modification to the existing Order of Conditions. The letter will specify that the land between the ! "-",, '} Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 17 snow fence or haybale line and the wetland as shown on the new plan must remain totally undisturbed. The motion was carried. j. Rob Frame - pres info on Bewkes subdiv - Cisco (88-20). Mr Frame had requested at the last minute to postpone this until the next meeting. k. NE Tel Co - replacement of lines, Madaket Road. Leo Asadoorian of Nantucket Surveyors was present with Richard Limburg of NE Telephone. They described an emergency situation existing whereby phone lines out to Madaket were shorting out frequently due to water in them. Madaket residents were without emergency 911 service when the phone lines were out. Ben McKelway said both the Wetlands regulations and the bylaw allow for maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide ... telephone ... services. Therefore no new Notice of Intent was needed for the work. Mr Asadoorian and Mr Limburg presented plans showing the work running from the microwave tower all the way out to Cambridge Street. The work would all be done with a trencher, not a backhoe. The trenches would measure from 6 ft down to 36 inches by i!-6 inches and i!-inch PVC pipe would be used. They preferred switching sides of the road in places so as to avoid digging up the bike path, and some of those sites would be in wetlands. The Commission opted to allow this maintenance work in wetlands so long as a trencher and not a backhoe were used and copies of the final work plans were submitted to the Commission. Mr. Limburg agreed to do so. 1. Ellen Flamm - SE~8-l.t51 - Squam (13-2i!) - minor modification. Melissa Philbrick of Vaughan, Dale and Philbrick was present as agent for the applicant and presented modified plans showing a new well location. A motion was made to accept the changes as minor and send a letter to that effect. The motion was carried. I ~. /~, " \ \ , Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of October 27, 1988 Page 18 rn. FY 1990 Budget preparation - arrange mtg w/Henry Wasierski. Since the budgets need to be submitted by Jan 1, 1989, Henry agreed to call Ben and set up a meeting date. n. 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 accept the minutes as written. The motion was carried. Minutes of October 13, 1988. Henry Wasierski made two corrections to the minutes. A motion was rnage to accept the minutes with corrections. The motion was carried. There being no other business, the meeting adjourned at 11:i!0 PM.