HomeMy WebLinkAbout1988-10-10
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
AGENDA FOR NOVEMBER 10, 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.i!-11.1 & 11.2)
3. Mary S. Huffman - SE~8-515 - Jefferson Ave. (30-~5 & ~6)
i!. V. Linburg - SEi!8-51l.t - 31 Codf Pk Rd (73.1.3-11) cont to 12/1
5. W Harborfront Nom Tr - SE~8-520 - Lot 20 - Polpis Rd. (26-22)
6. Quaise Pasture Nom Tr - SEi!8-518 - Lot 21 - Polpis Rd. (26-22)
7. Mako Nominee Trust - SEi!8-521 - Lot 22 - Polpis Rd. (26-22)
8. Shallow Harbor Nom Tr - SEi!8-517 - Lot 23 - Polpis Rd. (26-22)
9. Harbor Breeze Nom Tr - SEi!8-519 - Lot 2~ - Polpis Rd. (26-22)
10. Austin Farms Estates - SEi!8-336 - Humm Pd Rd (56-5i!) reopening
B. REGULAR MEET ING
1. Requests for Determination
a. Marie Giffin - 17 Roberts Lane (56-102)
2. Orders of Conditions
a. Roy Bailey - SEi!8-513 - 82 Union Street (55.1.~-~0)
3. Extension Permit
a. Long Pond Realty Trust - SE~8-321 (59-28)
b. Austin Farms Realty Trust - SE~8-336 (56-5~)
i!. Other Business
a. Herb Cabral, Jr. (67-l.t9) - dredging in Miacomet Pond
b. Wauwinet pier - SEl.t8-~82 (11-17) angle of pier
c. Surfside SEi!8-380 and Siasconset Sewerbeds SEi!8-381 - minr modi
d. Long Pond Realty Trust - SE~8-321 (59-28) - minor modif.
e. Dooley Family Trust - SEi!8-l.t33 (55-~22.6) - minor modif
f. Hughes/Lang - SEi!8-l.t11 - Poverty pt (55-~7) - minor modif
g. FY 1990 Budget preparation - arrange mtg wi Henry Wasierski
h. Comments, questions from press and public
5. Correspondence
6. Minutes of October 27, 1988
7. Bills to be paid
8. Field Inspections - set date?
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of November 10, 1988 Page 1
MINUTES OF NOVEMBER 10, 1988
The public meeting of November 10, 1988 was called to order at 7:30 PM.
Members present were: Bill Willet - Chairman, Donald Visco, Carl
Borchert, Henry Wasierski, Granville Cranston. Members absent were:
Peter Dunwiddie, Lee Dunn. Administrator: Ben McKelway. Recording
Secretary: Marcia Litchfield.
A. PUBLIC HEARINGS
1. Michael Bloomberg - SEi!8-512 - 7 St. Elmo Lane (l.t9-185). Lisa
Standley of Daylor Consulting Group was present as agent for the
applicant and presented what was hoped would be their final
submission, alternative #6.
Ms Standley went on to describe the plan in detail, highlighting
its conformance with ConCom requests at the last meeting, the use
of haybales, the driveway design and cross-section. She
requested a waiver for both the driveway and the house site due
to the close distance to the wetland, however, she said there
would be no adverse impact on it. The 849 sq ft house would be
within the 50 ft wetlands setback in 3 places, being i!5 ft at its
closest point. The applicant felt this was a more reasonable
house to build, being slightly larger than the one depicted in
alternative #i!.
Ms Standley did state that other alternative access had been
investigated, however it looked like easements from abutters
would simply not be possible. She added that owner Richard Mason
was a party to this application, as the Commission had suspected
at the last meeting, and Mr Bloomberg had no further interest in
moving his house to the lot. Bill Willet asked if the proposed
ditch was still planned. She said yes, because it would help
prevent flooding in the driveway and adjacent properties.
Henry Wasierski and Donald Visco both thought the applicant had
done a good job of submitting so many different alternatives,
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of November 10, 1988 Page 2
but Henry still thought the lot was too small for a house. A
motion was made to close the hearing. The motion was carried.
2. Kermit Roosevelt, Jr., et al - Baxter Road (73.1.l.t-11.1 & 11.2).
A motion was made to continue the hearing for a DEQE file number.
The motion was carried.
3. Mary S. Huffman - SEi!8-515 - Jefferson Ave. (30-45 & i!6). Tina
Coughanowr of IEP was present as agent for the applicant and
proceeded to address the items requested at the Oct 13, 1988
meeting.
Ms Coughanowr argued that the dunes were not significant to the
interests protected by the Wetlands Protection Act. She said the
dunes do not function as storm damage prevention, and the area
consists of both natural and man-made dunes and has been
historically used as a parking area. The project as proposed
would not have any negative impact on wildlife habitat, wetland
scenic views or recreational use. There would be 57 cubic yards
of dune evacuated, and the size of the addition had been reduced
from 680 sq ft to 350 sq ft.
Ben McKelway asked if the applicant was then actually requesting
a Notification of Non-significance. Ms Coughanowr said yes.
Bill Willet handed out copies of a recent memo to the files to
each Commissioner. Henry Wasierski agreed with various points
in the memo. Ms Coughanowr asked if she could read it. Ben said
he thought it should stay internal. Henry expressed his views
that those dunes are certainly significant to the people who live
behind them. Ms Coughanowr claimed the area never gets wet
behind them. Ben said he had gone out and measured the distance
from the addition to the dune and found it was 41 ft to the east
and 34 ft to the south. He said, though, that if the resource
was deemed to be not significant, then the 50ft setback would
not apply.
Carl Borchert wanted to know where the line was designating this
as a barrier beach. Ms Coughanowr said the lines present on the
Barrier Beach Inventory Project Maps were arbitrarily drawn by
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of November 10, 1988 Page 3
the state and that she had some problems with this designation.
This was not a typical barrier beach in the true sense, she said.
Donald Visco recalled that 195i! was the last time he had seen
water covering Jefferson Ave when most of Brant Point was
inundated. He basically had no problems with this project
because it was just an addition to a lawfully existing structure.
Henry Wasierski felt, however, that those who live in a resource
area should be prepared to live with natural problems like sand
in their driveway, rather than try to alter things to suit them.
Lisa Standley, speaking as a member of the public, asked Ms
Coughanowr if the removal of the dune may affect the wind flow
around other dunes. Ms Coughanowr said the dunes were not that
high and did not think wind flow would be negatively affected.
A motion was made to close the hearing. The motion was carried.
~. V. Linburg - SE~8-51i! - 31 Codfish Park Road (73.1.3-11). A
motion was made to continue the hearing at the applicant's
request until December 1, 1988. The motion was carried.
*** Items #5 - #9 grouped as below:
5. W Harborfront Nominee Trust - SEi!8-520 - Lot 20 - Polpis Road
(26-22); 6. Quaise Pasture Nominee Trust - SE48-518 - Lot 21 -
Pol pis Road (26-22); 7. Mako Nominee Trust - SEi!8-521 - Lot 22 -
Polpis Road (26-22); 8. Shallow Harbor Nominee Trust - SEi!8-517
- Lot 23 - Polpis Road (26-22); and 9. Harbor Breeze Nominee
Trust - SEl.t8-519 - Lot 2i! - Polpis Road (26-22).
Melissa Philbrick was present as agent for the applicant. Donald
Visco abstained from all 5 hearings. Carl Borchert wished to
discuss the issue that the floodplain appeared to extend further
into the lots than was depicted on the plans. Ben McKelway said
there was no mention of floodplain delineations on any of the
plans, and he had found one place where the 8-foot contour lines
ran into the 7-foot contour lines by mistake. Ms. Philbrick said
the 8-foot lines were intended to delineate the floodplain
boundaries.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of November 10, 1988 Page ~
Carl thought it was critical to straighten all this out. He said
the Commission seems to run into this problem often and really
would like to see different lot lines and building sites. The
wetland setbacks are pushed to the limit on each of the 5 lots.
Ben thought one master plan showing the contour lines for all 5
lots was needed. Ms Philbrick said Jeff Blackwell would be
presenting one at the Dec 1, 1988 meeting. She also encouraged
all the Commissioners to accompany Tina Coughanowr and Peter
Dunwiddie when they went out to inspect the wetland boundary
delineations. Ms. Coughanowr would also be at the Dec 1 meeting.
A motion was made to continue all 5 hearings for additional
information from the applicant. The motion was carried.
As an aside, there was discussion about the propriety of internal
ConCom memos and whether they were available to the general
public. A memo written by Ben McKelway pertaining to Lot 21
(SEi!8-518) had been mailed to the Commissioners. After reference
had been made to the memo during a discussion tonight, Tina
Coughanowr and Melissa Philbrick asked to read it. Ben said the
Commission is allowed to have internal communications not
generally available to the public. Referring to a memo mentioned
above in the Huffman case, Donald Visco thought memos should be
in hand prior to the opening of the meeting and suggested mailing
them out in advance to avoid awkward situations for applicants in
the future. He thought Ben tended to write many of his memos
with an air for denial or expressing his own personal opinions.
Bill Willet thought the Commissioners took that into account when
reading them. Carl Borchert thought everything the ConCom does
should be pubic information. Ben asked Daylor Consulting Group's
Lisa Standley, present in the audience, if she had encountered
internal memos with any of the other Commissions she dealt with,
and she said yes, they were standard with some of them.
Ben McKelway asked the Commission if they wanted a standard
policy from now on to mail out all memos or distribute them
before the meeting, and have them not be available to the public.
Carl Borchert suggested they would sleep on it and take it up at
another time.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
MLnutes of November 10, 1988 Page 5
10. Austin Farms Estates - SEi!8-336 - Hummock Pond Road (56-5i!)
reopening. (see also 3b below) Glen Wills of Nantucket
Surveyors was present as agent for the applicant. Ben McKelway
said the wrong plan had been cited in the Order of Conditions
pertaining to the detention basin, and, upon a suggestion by
DEQE, necessitated reopening the hearing to correct it.
A motion was made to issue an amended Order of Conditions to
reflect the correct citation of the Oct. 25, 1985 plan. The
motion was carried.
B. REGULAR MEETING
1. Requests for Determination
a. Marie Giffin - 17 Roberts Lane (56-102). A motion was made to
issue a positive Determination stating the area described in
the Request, which includes part of the area described in the
Request, ie. large portions in the center of lot 10 (Map 56,
Parcel 102) and lot 8 (Map 56, Parcel 312), 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. Roy Bailey - SEl.t8-513 - 82 Union Street (55.1.~-i!0). A motion
was made to accept a draft Order of Conditions with Additional
Special Conditions as follows:
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of November 10, 1988 Page 6
ADDITIONAL SPECIAL CONDITIONS
ROY BAILEY
DEQE FILE NUMBER SEi!8-513
ASSESSOR'S MAP 55.1.i!, PARCEL i!0
Under the Nantucket Wetlands Bvlaw:
The Commission hereby grants the applicant a waiver from
Section 3.01(B)(3) of the Wetlands Protection Regulations of
the Town of Nantucket, under the Nantucket Wetlands Bylaw
(Chapter 136). Section 3.01(B)(3) prohibits building within 50
feet of an inland bank. Furthermore, the Commission hereby
grants the applicant a waiver from Section 210(B)(i!), which
prohibits building upon areas subject to coastal storm flowage
in locations where such structures would be subject to storm
damage. There has been a clear and convincing showing by the
applicant that there are no reasonable conditions or
alternatives that would allow the project to proceed in
compliance with the regulations and that the proposed project
will not have any adverse effect upon any of the interests
protected by the Bylaw. Therefore, a waiver is granted under
the authority of Section 1.03(F)(1)(a) of the Wetlands
Protection Regulations of the Town of Nantucket.
Under Section 2.10(B)(1) of the Nantucket Wetlands Protection
Regulations, the Commission hereby determines that the project
will not reduce the ability of the land to absorb and contain
floodwaters, or to buffer inland areas from flooding and wave
damage, provided the project conforms to the special conditions
below.
Under Section 3.01(B)(1) of the Nantucket Wetlands Protection
Regulations, the Commission hereby determines that the project
will not have an adverse effect on the inland bank, provided
the project conforms to the special conditions below.
Under the Massachusetts Wetlands Protection Act:
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of November 10, 1988 Page 7
Under the Wetlands Protection Act Regulations (310 CMR, Section
10.57(i!)(a)(1), the Commission hereby determines that the
project, though on Land Subject to Coastal Inundation, will not
cause an increase or contribute incrementally to an increase in
the horizontal extent and level of flood waters during peak
flows, provided the project conforms to the special conditions
below.
Therefore, the project is approved in accordance with the
Notice of Intent and all attachments and specifications, the
most recent plans cited on Form 5, the general and special
conditions on Form 5, and the following additional special
conditions:
3. Prior to any activity at the site, siltation fencing or a row
of haybales shall be staked along the eastern and southern
property boundaries. The siltation fence or haybales, erected
to mitigate for any siltation which might wash into the pond
during construction, will also serve as a limit of construction
for work crews. The fence shall remain in good repair during
all phases of construction and it shall not be removed until
all soils are stabilized and seeded or until permission to
remove it is given by the Commission.
i!. The project is on land subject to coastal storm flowage and
therefore must conform to appropriate building codes for a
flood zone.
5. The project shall not reduce the ability of the land to absorb
and contain floodwaters, or to buffer inland areas from
flooding and wave damage.
6. All trees and the fence must remain in place.
7. Any change made or intended to be made in the plans shall
require the applicant to file a new Notice of Intent or to
inquire of the Conservation Commission in writing whether the
change is substantial enough to require a new filing.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of November 10, 1988 Page 8
8. An as-built plan, signed and stamped by a registered
professional engineer or land surveyor in the Commonwealth of
Massachusetts, shall be submitted to the Commission at the same
time as a written request for a Certificate of Compliance and
shall specify how the completed plan differs from that shown on
the plans referred to in the Order of Conditions. The as-built
plan shall include, but not be limited to, the following: all
pipe/culvert inverts for inflow and outfalls, pipe slope, size
and composition; location of other drainage structures and
their composition; limits of fill or alteration; location of
structure and pavement within 100 feet of wetland; the edge of
the wetland; the grade contours within 100 feet of the wetland.
9. Members and agents of the Commission shall have the right to
enter and inspect the premises to evaluate compliance with the
conditions and performance standards stated in this Order and
the Nantucket Wetlands Protection Regulations and may require
the submittal of any data deemed necessary by the Commission
for that evaluation.
10. This document shall be included in all construction contracts
and subcontracts dealing with the work proposed and shall
supersede other contract requirements.
11. Used petroleum products from the maintenance of construction
equipment and construction debris shall be collected and
disposed of off-site. No on-site disposal of these items is
allowed.
12. Dust control, if required, shall be limited to water. No salts
or other wetting agents shall be used.
13. Any refuse material found on the site shall be disposed of at
an approved landfill and in no case will these materials be
buried or disposed of in or near the area designated as
wetland.
li!. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of November 10, 1988 Page 9
The motion was carried.
3. Extension Permit
a. Long Pond Realty Trust - SE48-321 (59-28). (see also i!d
below) Melissa Philbrick was present as agent for the
applicants, the Briskmans. A motion was made to grant a i-year
Extension Permit for the above-referenced Order, to expire on
November 13, 1989. Ms Philbrick wanted the record to reflect
the fact that she knew the Briskmans would not be completed
one year from tonight's date. The motion was carried.
b. Austin Farms Realty Trust - SEi!8-321 (56-5i!). (see also A10
above) Glen Wills was present as agent and stated the Order of
Conditions would run out before the Amended Order would be
issued, so therefore an Extension Permit was needed. A motion
was made to issue a i-year Extension Permit for the
above-referenced Order, to expire on November 13, 1989. The
motion was carried.
i!. Other Business
a. Herb Cabral, Jr. (67-i!9) - dredging in Miacomet Pond. Mr
Cabral was present to discuss his maintenance project. He
submitted a drawing showing existing grades and proposed
grades, a site plan showing the lots along the pond fronting
the area to be dredged, and letters to the Commission
consenting to the proposed work from Richard Lynch of 58
Miacomet Ave, M/M Richard Ray of 60 Miacornet Ave, and C. David
Beaumont IV of Miacornet Ave.
A letter dated Oct 28, 1988 from Dr and Mrs John C. Fisher of
l.ti! Miacomet Ave had been received, but was not read at the
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of November 10, 1988 Page 10
meeting. A letter dated from Karen C. Schwenk, dated October
21, 1988 had been received, but was not read at the meeting.
Mr Cabral thought the Fishers' comments were irrelevant,
however he did apologize for not being present at the last
meeting and said he did not have all his information ready at
that time.
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Mr Cabral went on to address some of the questions asked of him
by the Commission in an Oct 31, 1988 letter. He said all
spoils will be disposed of off-site, probably at the dump, and
added that this work is allowed as on-going maintenance under
the Order of Conditions for SE~8-52 issued in 1980. He said
the plant species to be removed will be common rushes,
dogwoods, pricker-bushes, cat-and-nine-tails, algae and mosses.
He planned to take about 2-3 ft max. off the bottom of the
pond. The site plan and drawing were then discussed.
A motion was made to accept the work as on-going maintenance
under the existing Order of Conditions. The motion was carried
unanimously. Mr Cabral also added that he will be removing i!
trees from behind his house, but none of them were within 25 ft
of the pond edge.
b. Wauwinet pier - SEi!8-l.t82 (11-17) angle of pier. Jim Gay of
Engineering Management Corp. was present as agent for the
applicant and Russ Cleveland, general manager, was also
present. Mr Gay said Jeff Blackwell was unable to be present.
Ted Tillotson of Sherburne, Powers and Needham was present as
attorney for the Wauwinet Residents Association with Nelson
Jones, a Wauwinet caretaker.
Mr Gay presented an as-built plan. Henry Wasierski had done a
field inspection in response to a complaint from an abutter,
Bruce Benedict, who claimed the pier had not been built in the
right place or at the right angle away from the beach. Henry
didn't think it had been drawn correctly on the as-built plan,
but did think the pier had been built according to the approved
plans cited in the Order of Conditions. Henry was disturbed by
the height of a barbecue/cocktail platform next to the pathway
to the pier and asked if it could be brought down to zero
grade.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of November 10, 1988 Page 11
Mr Tillotson argued that the property lines on the original
plans had been determined through the colonial method of
accretion, and that the pier may indeed be located on land not
owned by the Wauwinet House. Nelson Jones presented a
different plan which had been represented to the Nantucket
Board of Appeals as being the same one approved by the ConCorn.
*** 9:00 PM - Donald Visco left for the remainder of the meeting.
Mr Jones continued by stating that every pier built over the
past 110 years had been constructed at a particular angle to
the beach, but this one wasn't. There was discussion about
exactly where the accreted area was. Mr Jones said Mr Benedict
was willing to hire his own independent engineer to determine
whether the pier is actually on land he owns.
Henry Wasierski was satisfied that the pier had been built
correctly to within 10% of what the original plans required
except for the 30 ft section raised up 2 ft. Mr Tillotson
disagreed and thought the Order had been violated. Henry went
on to comment to Mr Gay and Mr Cleveland about his
disenchantment with the appearance of the barbecue platform as
viewed from the road coming back from Great Point. He felt the
raised section detracted greatly from the beauty of the area.
Ben McKelway asked Mr Gay if the catch basin problem had been
taken care of. Mr Gay said he was supposed to have some
drawings available tomorrow. Carl Borchert asked why the
seasonally removable section of the pier wasn't sitting down at
the Nantucket Shipyard yet. Mr Gay said it was going to be
stored in the parking lot soon. Henry Wasierski read from the
Order of Conditions stating, "Boards may. be laid on the sand to
form a path between the lawn and the 30 ft wide open area.
These boards shall be removed before Oct 31 each year and not
set down again before May 1 of the following year." Mr Gay
admitted being in error there.
Henry Wasierski thought another field inspection was needed.
One was scheduled for Monday, November 28, 1988 at 3:30 PM.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of November 10, 1988 Page 12
c. Surfside SEi!8-380 and Siasconset SE~8-381 Sewerbeds - minor
modification. A November 3, 1988 letter from Norman Lanman,
Project Administrator, was received requesting minor
modifications. A motion was made to accept the modifications
as minor, as had been discussed at the October 27, 1988
meeting. The motion was carried.
d. Long Pond Realty Trust - SE~8-321 (59-28) - minor modification.
(see also 3A above) Melissa Philbrick of Vaughan, Dale and
Philbrick was present as agent for the applicant. A revised
plan was submitted, dated Oct 12, 1988, showing a revised
sewerage system plot plan which complied with the new Nantucket
, Board of Health Regulations by its placement. The plan also
showed siltation fencing not present on the old plans.
A motion was made to accept the revised plan as a minor
modification, provided only if the completed house is no more
than 26 ft high, as measured from existing grade at the
northernmost corner of the building envelope shown on the new
plan. The motion was carried.
e. Dooley Family Trust - SEi!8-i!33 (55-i!22.6) - minor modification.
Glen Wills of Nantucket Surveyors was present as agent for the
applicant. A letter from Mr Wills was read requesting a minor
modification involving a reduction of the proposed building
footprint and a repositioning of the siltation fence so as to
be installed in a more linear fashion and leaving a 5 ft space
around the house.
A motion was made to accept the modifications as minor. The
motion was carried.
f. Hughes/Lang - SEi!8-l.tl1 - Poverty Point (55-l.t7) - minor
modification. Robert Leichter was present as agent for the
applicant. A letter had been received from Dr Lang requesting
a modification to the existing plans to allow a cantilevered
extension of the front wall to enlarge the cottage. The letter
also requested permission to place a raised deck above the
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of November 10, 1988 Page 13
patio which previously existed and was destroyed in the raising
of the structure. Photos were included.
Henry Wasierski was concerned about setting precedents by
allowing dwelling expansions under the guise of being
accepted as minor modifications. He felt strongly that nothing
should change on the front side of the house and recalled that
the addition was for the back side. Bill Willet thought the
scope of this particular addition was very small. The use of
cantilevering instead of sonotubes was discussed because they
appeared on the plan submitted by Mr Leichter. The Commission
decided to request that the addition and deck be supported by 7
concrete piers and approved plans for a i!-foot addition and a
7-foot deck.
A motion was made to accept the changes as minor modifications
to the Order of Conditions and to send a letter to that effect.
Henry Wasierski opposed. The motion was carried.
g. FY 1990 Budget preparation - arrange mtg w/Henry Wasierski.
Henry agreed to call the office and set up a meeting in the
beginning of the week of November li!, 1988.
h. Comments, questions from press and public. None.
5. Correspondence
All correspondence for the period October 28 - November 10,
1988 was summarized on a handout sheet and would be read
individually at home.
6. Minutes of October 27, 1988
The minutes of October 27, 1988 were accepted with corrections.
There being no further business, the meeting adjourned at 9:i!5 PM.