HomeMy WebLinkAbout1988-10-27
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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:
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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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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.