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HomeMy WebLinkAbout1988-12-15 ') Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 AGENDA FOR DECEMBER 15, 1988 A. PUBLIC HEARINGS 1. V. Linburg - SEi!8-51i! - 31 Codf Pk Rd (73.1.3-11) 2. W Harborfront Nom Tr - SEi!8-520 - Lot 20 - Polpis Rd. (26-22) 3. Quaise Pasture Nom Tr - SEi!8-518 - Lot 21 - Polpis Rd. (26-22) i!. Mako Nominee Trust - SEi!8-521 - Lot 22 - Polpis Rd. (26-22) 5. Shallow Harbor Nom Tr - SE~8-517 - Lot 23 - Polpis Rd. (26-22) 6. Harbor Breeze Nom Tr - SE~8-519 - Lot 2i! - Polpis Rd. (26-22) 7. Petrucci/Bixler - SE~8-52i! - 59 Monomoy Road (~3-36) reopen B. REGULAR MEETING 1. Requests for Determination a. Thomas V. Lefevre - Gardner Road (i!3-132) b. Edward Sanford - Polpis Road (25 - 12& 13) 2. Orders of Conditions a. Roosevelt, Jr. - SEi!8-522 -Baxter Rd.(73.1.~-11.1,11.2) b. Petrucci/Bixler - SE~8-519 - 59 Monomoy Road (~3-36) 3. Certificates of Compliance a. Wauwinet House Pro shop - SEi!8-i!95 (12-i!6) b. Wauwinet House Pier - SE~8-~82 (11-17) c. E. McIlvain - Millbrook Rd - SEi!8-279 - dwelling, septic & roadway (57-2i!) d. E. McIlvain - Millbrook Rd - SEi!8-332 - dwelling, septic & roadway (57-2l.t) e. E. McIlvain - Millbrook Rd - SE~8-387 (57-2~) - driveway f. E. McIlvain - Millbrook Rd - SEi!8-i!07 (57-2i!) - steps, fence, patio, oil tank, wall g. E. McIlvain - Millbrook Rd - SEi!8-i!72 (57-2i!) - deck h. McKerrow - SE~8-l.t21 - West Chester St (~1-337) i. Cranberry Construction - SEi!8-i!25 (l.t1-227) partial Cert/Comp i!. Other Business a. Booker - SEi!8-i!20 (80-~1) - req. for minor modification b. FY 1990 Budget - discussion c. Drawing of new Con sue Springhouse - David Wiley i C") Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 d. Lugosch (Hood) SE48-379 (27-23.1) - discussion e. Hollings (Dupont) SEi!8-i!60 (73.2.4-12) - discussion f. Taylor - SEi!8-397 (29-10) - discussion g. MEPA hearing on Sesachacha Pond - 11 a.m. Tues., Dec. 20 h. Winn (Stark) SEi!8-272 - Millbrook Rd. - discussion i. Require letter-size copy of every plan? j. Christmas Party - i! North Water - 3 PM Dec 21 k. Ratner (63-20) - discussion 1. Comments, questions from press and public 5. Correspondence 6. Minutes of November 10, 1988 Minutes of December 1, 1988 7. Bills to be paid 8. Field Inspections - set date a. Kotalac - SE48-457 - 129 Meadowview Dr (56-113.1) Cert/Comp b. Nantucket Airport Commission - off Bunker Road - Plan Bd Ref j ., " , Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 1 MINUTES OF DECEMBER 15, 1988 The regular meeting of December 15, 1988 was called to order at 7:32 PM. Members present were: Bill Willet - Chairman, Peter W. Dunwiddie, Carl Borchert, Granville Cranston and Lee Dunn. Members absent were: Henry Wasierski and Donald Visco. Administrator present: Ben McKelway. Recording secretary: Marcia J. Litchfield. A. PUBLIC HEARINGS 1. Virginia Linburg - SEi!8-514 - 31 Codfish Park Road (73.1.3-11). John Shugrue was present as agent for the applicant and submitted a revised septic and site plan, as had been requested by the ConCom. He said the pile foundation would be at -5 ft grade, the house would be no closer than the existing dwelling and that these plans were the same as the HDC had. The new plans were reviewed and discussed. Carl Borchert wanted to know what was to be waived. Ben McKelway said under the local bylaw, in areas of eroding shoreline, the distance from all buildings to the coastal dune shall be at least 20 times the average annual shoreline erosion or 100 ft, whichever is the lesser. Ben said a waiver would be needed since the dwelling would be within the 100 ft. He had calculated the average annual shoreline erosion rate by taking an average over alSO-year period for which data was available, resulting in an accretion rate of 2 ft per year. If taken over only a 50-year period, the result would be an erosion rate of 6.5 ft per year. He had also spoken with Jeff Benoit of the Office of Coastal Zone Management who said the building must be on pilings and wanted the Commission to seriously consider a denial. Lee Dunn asked if the site was not a dune. Peter Dunwiddie said essentially all of Low Beach is a dune built up over 150 years. The building line would be 56 ft back from the dune edge. Both Lee and Carl Borchert felt if the lot were vacant, they would , ) "- ~(, Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 2 have problems with this project, and Lee expressed some concern over allowing the new dwelling to be more than twice the square footage than existing. Mr Shugrue said he was not changing the use of the lot, there were structures on both sides and one was closer to the dune than this. He said the average erosion rate over the past 10 years was 6 ft per year, and admitted that eventually, the owner would probably need to consider moving the house back. Peter Dunwiddie did not see how the ConCom in a clear state of mind could approve something which will be exposed in 10 years leaving its leaching basins, hazardous wastes, plumbing, etc. awash.Mr Shugrue said the old dwelling will be exposed eventually anyway. Carl Borchert said the new one will be on a pile foundation and be more stable and more easily moved. Peter failed to see what would really be gained by it being on pilings. Erosion problems around the Island were discussed. Lee Dunn said the ConCom has had to approve moving nearly all the Sankaty bluff houses recently, and Peter Dunwiddie said he had witnessed 35 ft being lost in a single night along the south shore. It was admitted that this section of the eastern shore was extremely dynamic and Peter bet that there was more erosion than accretion overall. He asked where the ConCorn should draw the line in cases like this - only in cases of new construction? Carl said if the proposed dwelling were new, he would vote to put it right up near the road and cut it down to half its size. Mr Shugrue said if it was totally new, he wouldn't be asking for it. Lee and Peter favored placing the house 100 ft back over denying use of the property. Peter was opposed to expansion of the house or placement closer than 100 ft. Mr Shugrue cited other similar projects in the area which had been approved. He claimed most of the expansion in floorspace was behind the building line. Carl Borchert thought the first priority should be protecting the wetland. Lee Dunn was concerned about acting to reduce the volume of eventual debris should the erosion get serious, and he suggested writing into the Order of Conditions a requirement to remove the house before a ~J Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 3 crlsls, if possible. Peter Dunwiddie felt people do not usually make such decisions quickly enough. Mr Shugrue said the house is designed to be removed and there is a ~o ft right of way there to move it. Lee thought it was pretty futile thinking to write this into the Order of Conditions and expect it to have any positive effect. Peter said this was not an easy decision, adding that about i!00 ft had been lost in 10 years just south of the site near the Siasconset sewerbeds. A motion was made to close the hearing. Mr Shugrue was asked if he would cut down the square footage or position the house back more. He cited problems with the septic setback. Lee Dunn thought there were more alternatives. Carl Borchert thought ConCorn jurisdiction should apply all the way back to the bluff in Codfish Park. The motion was carried. Ben McKelway was asked to write a simple approval and/or disapproval draft Order of Conditions. 2. W Harborfront Nominee Trust - SEi!8-520 - Lot 20 - Polpis Road (26-22); 3. Quaise Pasture Nominee Trust - SEi!8-518 - Lot 21 - Polpis Road (26-22); i!. Mako Nominee Trust - SEi!8-521 - Lot 22 - Polpis Road (26-22); 5. Shallow Harbor Nominee Trust - SE~8-517 - Lot 23 - Polpis Road (26-22); 6. Harbor Breeze Nominee Trust - SE~8-519 - Lot 2i! - Polpis Road (26-22). Lee Dunn abstained from the hearings. Melissa Philbrick of Vaughan, Dale and Philbrick was present as agent with the applicant, Randy Sharp. Tina Coughanowr was present as a geologist and wetland scientist for the applicant. Jeffrey Blackwell of Hart-Blackwell was also present as agent for the applicant. . NOTE: The following general discussion applies to all 5 lots: Ms Philbrick submitted the requested maps for all the lots showing the lot lines superimposed over the topo maps. She said 2 conservation restrictions were being considered that would limit the number of dwellings to 5. The applicant was willing to restrict access to Polpis Harbor to one path. She summarized the /'1 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page i! procedures for obtaining the restrictions and felt this would be an effective way of satisfying the ConCom's concerns. Peter Dunwiddie wanted to see an irrevocable established procedure which would outlive the Order of Conditions and serve to protect the resources in perpetuity. Lynn Zimmerman of the Nantucket Land Council submitted an 8-page document on conservation restrictions and suggested the ConCom could use this vehicle frequently to accomplish its goals. She had spoken with Joel Lerner, head of Conservation Services, who considered this part of the Island to be very special. Carl Borchert said this application was the first one trading a request for a waiver for a conservation restriction. NOTE: Specific discussion on each of the 5 lots occurred as below: Lot 20: Ms Coughanowr reviewed the discussions from the last meeting and said the septic system meets all local and state regulations. She said grading would be minimal, the ridge height would be 26 ft above grade as measured from the middle of the envelope, and a deed restriction had been suggested for this lot. Bill Willet asked about impacts on wetland scenic views. Ms Coughanowr said the house would not be seen from Polpis Road, but it was difficult to address the views from Polpis Harbor. She submitted photos taken from a neighbor's porch, the O'Mara's. After some review and discussion about the photos, Ms Philbrick asked for the hearing remain open at the request of the applicant. Diane Coombs of the Nantucket Shellfish Advisory Board said the board was generally concerned about driveways crossing wetlands near the edge of harbors on the Island and said Polpis Harbor was very important to shellfish. She described how chemicals are used in shell and stone driveways to keep weeds from coming in and reduce maintenance. She also expressed concern about the '- ,,-0..., ..~ J Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 5 various chemicals used in landscaping which may eventually find their way into the harbors and the inability to regulate their use. Ms Coughanowr said there was no plan on this lot to cross any wetland and asked Ms Coombs to review the map. Ms Coombs requested copies of all the applications and Ms Philbrick agreed to provide them to her. Ms Philbrick added that although there is l-acre zoning here, the applicant favored a low-density development. A motion was made to continue the hearing at the applicant's request. The motion was carried. Lot 21: Ms Coughanowr submitted new plans. The footprint was the same, and included a 25 ft undisturbed buffer using Peter Dunwiddie's conservative wetland boundaries. She requested a waiver, said the "filled" area measured li!5 ft and no actual fill was involved, only some disturbance. There would be minor grading and a pervious surface of shell or crushed stone. She submitted an exhibit discussing the local bylaw and said under the state regulations, if filling is proposed in greater than 500 square feet of wetland, then compensatory replication is required. She said the ConCom must consider whether this constitutes a loss of wetland area. Peter Dunwiddie did not think replication was necessary in all cases and asked Ms Coughanowr to consult DEQE on it. She agreed to do 50. In her estimation, of all the disputed wetland boundaries, this one was the grayest area. She continued by stating the site elevation was 13 ft and the house would be 26 ft high. There will be no changes in grade. A motion was made to continue the hearing for: 1) a check on the replication issue, and, 2) a design for a culvert for the so-called "non-existent" stream under the driveway with specific wording on its design. t, Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 6 The motion was carried. Lot 22: Mr Blackwell and Ms Coughanowr said there had been revisions in the wetland boundary and the leaching pit location. The site elevation was 22 ft and the house would be 26 ft above that. No conservation restriction or waiver was involved at on this lot. The deed would have a "no further subdivision restriction" on it. Ms Philbrick said any new structures would be within the proposed building envelopes. Peter Dunwiddie warned that although the impression being given suggests no more building, that might not necessarily be the case because of possible second-dwelling units. He suggested having permanent restrictions on the more sensitive parts of the lot. A motion was made to close the hearing. Lynn Zimmerman of the Nantucket Land Council asked the. ConCom to consider the 32 acres as a whole and determine where the most sensitive areas are, rather than only considering each lot individually. She thought the ConCorn should be comfortable with the whole impact, and that more land could be restricted, expressing concern for the uplands, too. Ms Philbrick thought the Wetlands Protection Act did a good job of protecting the sensitive areas. Ms Zimmerman had more confidence in a conservation restriction maintaining its integrity than expecting the Wetlands Protection Act to hold up in its present state 99 years down the road. The motion to close was withdrawn. A motion was made to continue the hearing. Carl Borchert thought Ms Zimmerman's point was well taken, and suggested the conservation restriction could follow the wetland boundaries. The motion was carried. ;'} Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 7 Lot ll: Ms Philbrick said there had been no change made from the last meeting, the elevation was 21 ft and the house would be 26 ft. A motion was made to continue the hearing to consider the conservation restriction. The motion was carried. Lot 2i!: Ms Coughanowr said this was the first opportunity the ConCom had to review the plans with revised wetland boundaries using Peter Dunwiddie's lines. The revised lines were orange, and she requested waivers for the driveway crossings and structural setbacks. With regards to the setbacks, she said the waiver was needed now due to the new wetland boundary. The proposed distance now from the wetland to the house was 30-i!0 ft. The 25 ft natural buffer would remain, the footprint was smaller, and compensatory wetlands replication was proposed at 2 sites. The possibility of restricting the area of compensatory wetlands replication was discussed. A pre-cast square culvert may be proposed, and a small bridge was not preferred due to disturbance by heavy equipment. Peter Dunwiddie thought a concrete culvert would look pretty hideous and asked the applicant if he would consider laying a few timbers. Mr Sharp had no problem with that, yet doubted if it would get approved. Jeff Blackwell agreed to look into alternative bridge designs not using pilings. Carl Borchert wanted to know why an alternate site wasn't considered. Jeff cited grading and sloping problems and said the house would have been higher there. With regards to the sewage lift pump system, Mr Blackwell said it would lift 90 ft over 1 mile, there was a laO-gal holding tank available should the power fail, and the pipe would be trenched 3 ft deep under the streambed. Carl Borchert and Peter Dunwiddie ~ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 8 wanted to look at the alternative site because it would avoid some of these problems and they said the Commission could consider removing some trees in favor of using it. Mr Blackwell said the regrading and loss of vegetation at the alternative site were undesireable and the visual impact may be too great even with regrading. Carl still wanted to go look at it. A motion was made to continue the hearing for the following information from the applicant: 1) detailed alternative bridge designs without pilings; 2) rough contour lines of the possible alternative house site and an alternative footprint; and 3) a showing of how the septic system crosses the stream and avoids freezing. The motion was carried. 7. Petrucci/Bixler - SEi!8-52i! - 59 Monomoy Road (i!3-36) reopen. John Shugue was present as agent for the applicant. Melissa Philbrick of Vaughan, Dale and Philbrick was also present as agent and explained the hearing needed to be reopened because the abutter notification had accidentally not been mailed until the day after the opening of the first hearing and tonight's hearing would give them proper opportunity for comment. Debbie Nicholson was present representing her father and abutter, Roger Ernst. She said he was concerned that the drainage ditch nearby remain open. She had noted with some amusement the use of the word, "addition," when she looked over the 'Notice of Intent, and said it tends to make the neighbors nervous when they read one thing and see another. She asked if the house was not, instead, to be torn down. Mr Shugrue said yes. Ms Nicholson suggested it's usually better all the way around to call a spade a spade. There was discussion about the future of the old septic system l} Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 9 and whether or not it would be pumped out. Mr Shugrue said it was going to be plugged up and left as is. Carl Borchert wanted to make note that the house had only been used seasonally, so the volume had been low, and suggested writing into the Order of Conditions that it must be plugged up. A motion was made to close the hearing. The motion was carried. B. REGULAR MEETING 1. Requests for Determination a. Thomas V. Lefevre - Gardner Road (~3-132). Bob Emack of Nantucket Surveyors was present as agent for the applicant and said test pits had been dug. He submitted a soil log. The distance to ground water was discussed as well as the tennis court. The consensus was that the area in question was a wetland. A motion was made to issue a positive Determination stating 1) the area described in the Request, which includes part of the area described in the Request (the southwest corner of Lot *~3), 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, and 2) the work described in the Request, which includes part of the work described in the Request (the western end of the tennis court), is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. Therefore, said work requires the filing of a Notice of Intent. The motion was carried. b. Edward Sanford - Polpis Road (25 - 12 & 13). A motion was made to issue a positive Determination stating the work described below (the construction of the dwelling and driveway), which includes all/part of the work described in the Request, is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent. The motion was carried. /"""" Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 10 2. Orders of Conditions a. Roosevelt, Jr. - SE48-522 - Baxter Road (73.1.i!-11.1,11.2). Peter Dunwiddie abstained from the discussion and vote. A motion was made to accept a draft Order of Conditions and issue it with the following Special Conditions: ADDITIONAL SPECIAL CONDITIONS KERMIT ROOSEVELT, JR., ET AL DEQE FILE NUMBER SEi!8-522 ASSESSOR'S MAP 73.1.i!, PARCELS 11.1 AND 11.2 3 BAXTER ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT (MGL CHAP.131, SEC.40) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136) The project is approved in accordance with the 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: 3. All digging on the bank shall be done by hand, and excavated areas shall be revegetated. i!. 310 CMR 10.30(3) of the Wetlands Regulations, promulgated under G.L. c. 131, s. l.t0, 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. 5. 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. . 6. 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 - l"') Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 11 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. 7. Members, employees, 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. 8. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 9. 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 a resource area. 10. This Order of Conditions shall apply to any successor in interest or successor in control of the property. b. Petrucci/Bixler - SEi!8-519 - 59 Monomoy Road (i!3-36). After some discussion, a motion was made to accept a draft Order of Conditions with changes and special conditions as follows: ADDITIONAL SPECIAL CONDITIONS ANTHONY P. PETRUCCI DEQE FILE NUMBER SE48-52l.t ASSESSOR'S MAP i!3, PARCEL 36 59 MONOMOY ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT (MGL CHAP.131, SEC.40) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET (CHAPTER 136) I i '- ,~ 'j Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 12 For the proposed septic system, the Commission hereby grants the applicant a waiver from Section 3.03(B)(3), Section 3.01(B)(4), and Section 3.02(B)(4) of the Wetlands Protection Regulations of the Town of Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136). Section 3.03(B)(3) requires a septic leach facility to be at least 100 feet from a ditch and requires septic leach facilities to be separated from each other by 200 feet if the lot containing one of them contains a water body or fronts on a water body and the septic system is within the jurisdiction of the Bylaw. Section 3.01(B)(i!) requires 100 feet between a septic leach facility and the seasonal high water line on an inland bank. Section 3.02(B)(i!) requires 100 feet between a septic leach facility and a vegetated wetland. For work removing the old telephone pole, work on the new water line, and work on the new electric line, the Commission hereby grants the applicant a waiver from Section 3.03(B)(2), Section 3.01(B)(3), and Section 3.02(B)(1) of the Wetlands Protection Regulations of the Town of Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136). These sections all require a 25-foot natural, undisturbed area adjacent to the wetland resource area. The regulations are waived because there has been a clear and convincing showing by the applicant's representatives 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, these waivers are granted under the authority of Section 1.03(F)(1)(a) of the Wetlands Protection Regulations of the Town of Nantucket. The project is approved in accordance with the 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: 3. In all cases, no part of any structure, including decks, should /~ Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 13 be closer than 50 feet from the wetland edge as shown on the plan. .~. The 25-foot natural, undisturbed area adjacent to the wetland edge shall be disturbed only for work removing the old telephone pole, work on the new water line, and work on the new'electric line. All disturbed areas shall be replanted ~ith native plants. 5. Contrary to the plan submitted with the Notice of Intent, the active leaching pits for the new septic system shall be on the easterly side of the lot as close to the easterly lot line as possible, as indicated on revised plans to be submitted to the Commission. The expansion areas shall be to the west of the active pits. 6. The old septic system shall be plugged at the house and otherwise left alone. 7. Prior to any activity at the site, a line of staked haybales and snow fence shall be installed as shown on the plan. After installation, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for i!8 hours after said notice is given, so as to allow Commission members time to inspect the site. 8. The haybale/snowfence line, erected to mitigate for any siltation which might wash or blow into the wetland during construction, will also serve as a limit of activity for work crews. The line 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. 9. 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 lj Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 1~ 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. 10. Members, employees, 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. 11. The applicant, owners, successors or assignees shall be responsible for maintaining all on-site drainage structures and outfalls, assuring the lasting integrity of vegetative cover on the site and site activities so as to prevent erosion, siltation, sedimentation, chemical contamination or other detrimental impact to the on-site wetland and/or off-site resource areas. It shall be the responsibility of the property owner of record to see that maintenance conditions are complied with as required by this Order. 12. This document shall be. included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 13. 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. li!. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 15. 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. r /'1 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 15 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property. The motion was carried. 3. Certificates of Compliance a. Wauwinet House Pro shop - SE~8-~95 (12-i!6). Russ Cleveland was present as agent for the applicant and submitted photos of replacement pines planted at the entrance to the path into the shop. Mr Cleveland said the tallest of the three original ones had been stolen around Christmas. He added that Nantucket Tree Warden Dave Champoux had commented that most pine species would not grow well at this site because it's too shady. After some discussion, the Commission decided the replacement pines were far too small and short to accomplish the goal of hiding the path, and told Mr Cleveland to find some other form of vegetation to block it up before a Certificate would be issued. Ben McKelway added that the pro shop had been built ~ inches larger on two sides than originally approved. A motion was made to deny the Certificate of Compliance. The motion was carried. b. Wauwinet House Pier - SEl.t8-l.t82 (11-17). A motion was made to issue a Certificate of Compliance certifying that the work regulated by the above-referenced Order of Conditions had been satisfactorily completed. The motion was carried. c. E. McIlvain - Millbrook Road - SE~8-279 - dwelling, septic and roadway (57-2l.t). Lee Dunn abstained from the discussion and vote. A motion was made to issue a Certificate of Compliance certifying that the work regulated by the above-referenced Order of Conditions had been satisfactorily completed. The motion was carried. !] Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 16 d. E. McIlvain - Millbrook Road - SEl.t8-332 - dwelling, septic and roadway (57-2i!). Lee Dunn abstained from the discussion and vote. A motion was made to issue a Certificate of Compliance certifying that the work regulated by the above-referenced Order of Conditions had been satisfactorily completed. The motion was carried. e. E. McIlvain - Millbrook Road - SEi!8-387 - driveway (57-2~). Lee Dunn abstained from the discussion and vote. A motion was made to issue a Certificate of Compliance certifying that the work regulated by the above-referenced Order of Conditions had been satisfactorily completed. The motion was carried. f. E. McIlvain - Millbrook Road - SEi!8-i!07 - steps, fence, patio, oil tank, wall (57-2~). Lee Dunn abstained from the discussion and vote. A motion was made to issue a Certificate of Compliance certifying that the work regulated by the above-referenced Order of Conditions had been satisfactorily completed. The motion was carried. g. E. McIlvain - Millbrook Road - SE~8-~72 - deck (57-2i!). Lee Dunn abstained from the discussion and vote. Mention was made that the deck as completed was larger by i! inches than was originally approved. Peter Dunwiddie said the Commission once again was witness to the final product being larger than approved, and never smaller. A motion was made to issue a Certificate of Compliance certifying that the work regulated by the above-referenced Order of Conditions had been satisfactorily completed. The motion was carried. h. McKerrow - SEi!8-l.t21 - West Chester St (~1-337). Glen Wills of Nantucket Surveyors and Melissa Philbrick of Vaughan, Dale and Philbrick were present as agents for the applicant. Ben McKelway said the main problem was one corner of the deck was 3.5 ft too close to the wetland and not 1~.5 ft away as was approved. Mr Wills said the approved plan said the deck would be closer than the existing dwelling, but the Order of Conditions was _.. () Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 17 ambiguous and implied it would not. Carl Borchert did not think the deck had been built as shown on the approved plan. Peter Dunwiddie did not think a Certificate should be issued. The possibility of cutting the corners off the deck was discussed. Mr Wills thought it would be appropriate to do an as-built plan and compare it with the approved plan. Ben McKelway agreed to discuss this with Mr Wills and continue it at the next meeting. The Certificate was denied. i. Cranberry Construction - SEi!8-i!25 (i!1-227) partial Cert/Comp. Melissa Philbrick of Vaughan, Dale and Philbrick was present as agent for the applicant and explained that a 29-sq ft portion of the abutting premises owned by Patience Killen was actually encumbered by this Order of Conditions due to a title problem and was holding up the sale of the property. A motion was made to issue a partial Certificate certifying that only the following portions of the work regulated by the above-referenced Order of Conditions had been satisfactorily completed: Only work on the 29-square-foot parcel shown as Lot lB on a plan entitled "Plan of Land in Nantucket, Massachusetts," prepared for Cranberry Construction Co., dated Feb. 8, 1988, signed and stamped by Richard K. Earle, and received by the Nantucket Conservation Commission December li!, 1988. The motion was carried. i!. Other Business a. Booker - SEi!8-i!20 (80-~1) - req. for a minor modification. A draft letter prepared by Nantucket Surveyors was read, reviewed and signed as written in order to correct an error in the Order of Conditions. b. FY 1990 Budget - discussion. A draft budget was reviewed and a motion was made to accept it with an amendment to the personell salary. The motion was carried. c. Drawing of new Consue Springs house - David Wiley. Mr Wiley was not present,.but his preliminary drawings and a recent letter from Christopher Holland were reviewed. Carl Borchert thought the project should file a Request for Determination. Peter .~........ "1 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 18 Dunwiddiethought the ConCom should proceed cautiously so as to make sure the public's perception of the project is positive. He favored taking measures to make the small dwelling "vandal-proof." A motion was made to go forward with the plan outlined in the letter, thereby putting Mr. Holland in charge of the project. d. Lugosch (Hood) SEl.t8-379 (27-23.1) - discussion. A request had been receiveo from the applicant's agent, Mary Trudeau of Daylor Consulting Group, to continue this item to the meeting of January 5, 1989. e. Hollings (Dupont) SEi!8-i!60 (73.2.i!-12) - discussion. Donald Hollings was present to respond to questions about an apparent discrepancy in the plans whereby the project was originally filed for as an addition and work on the septic system, but was known to the applicant at the time of the filing and his agent to actually be a demolition of the beach house. Ben McKelway explained the ConCom's perception all along was that it was to be an addition, and that the Concom had been misled by the word "addition" on the Notice of Intent. Mr Hollings apologized, said the project was all approved when he purchased the property, and admitted that, as he understood it, the original intent was always to have had a new building outline outside the existing one. Carl Borchert thought he should have to file a new Notice of Intent. Mr Hollings said no work had begun yet. Peter Dunwiddie asked why applicants can't just be straightforward from the beginning. Ben McKelway said agent Robert Daylor had dropped by the office earlier to point out that his last plan was almost exactly the same as Shugrue's original plan. Lee Dunn thought the ConCom had approved what was on the plans and may have not paid enough attention to what was actually being represented. He said the ConCorn should strive to seek out ambiguous or obscured representations. He saw no significant problems with how the project affected the resource. Peter wanted the record to reflect the ConCom's need to scrutinize all reconstructions encountered in future filings. _. \~ i'} Town of Nantucket Conservation Commission Town and County Building . Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 19 Mr Hollings asked about an additional item: he wished to change the shape of the deck on the easterly side of the house by not building one part and enlarging another part. Carl Borchert thought he should be stuck with what was approved and nothing else. Mr Hollings was advised to stick with Daylor's plan. NOTE: Granville Cranston left the meeting at 10:30 PM. f. Taylor - SE~8-397 (29-10) - discussion. Ben McKelway and Diane Coombs of SHAB reported that the seasonal pier pilings were still in place even after a request had been sent by the Commission to remove them by today's date. After some discussion, a motion was made to issue an Enforcement Order for the following: 1) Extent and type of activity: the construction of a permanent pier 15 feet longer than authorized, and the continuing presence of four tie-off pilings beyond the end of the pier; 2) Said activity had been conducted in violation of the Order of Conditions; 3) Agent Joseph Forns told the Commission on Oct 27, 1988 that the tie-off pilings would be removed as soon as possible so as to minimize their effect on the local scalloping industry; i!) The Commission ordered that the permanent pier must be shortened and the tie-off pilings removed by January 1, 1989, or the. Commission would contact Town Counsel in order to take further enforcement action. The motion was carried. g. MEPA hearing on Sesachacha Pond - 11 AM Tues December 20. h. Winn (Stark) SEi!8-272 - Millbrook Road (56-232.1) - discussion. Ben McKelway explained that work on the project had not been completed and an Extension Permit covering the Order was due to t1 Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1~88 Page 20 expire on Dec 26, 1988. Since state regulations require requests for Extension Permits to be made at least 30 days prior to an expiration date,Mr Winn was not entitled to another extension and would need to stop work Dec 26. The Commission felt he needed to file a new Notice of Intent to complete the project. Ben was asked to send a'letter notifying Mr Winn of this. i. Require letter-size copy of every plan? Ben McKelway said Melissa Philbrick of Vaughan, Dale and Philbrick had made a suggestion to this effect and have the plan attached to every deed, so as to ensure the plans are easily attainable to applicants and contractors. Glen Wills of Nantucket Surveyors said this would be very impractical because the scales would be way off. The Commission decided to scratch the idea. j. Christmas Party - i! North Water - 3 PM Dec 21, 1988. k. Ratner (63-20) - discussion. Ben McKelway explained a problem where walkways had been constructed without a proper filing with the Commission. Diane Coombs speaking as a private citizen said she had done some gardening for Mr Ratner and had noticed the long, wide walkway. She said grass was unable to grow beneath it. The Commission asked Ben to send a letter stating the walkway should have been filed for and asking Mr Ratner to appear at the next meeting. 1. Comments, questions from press and public. Lynn Zimmerman of the Nantucket Land Council first said she wished the Commission would schedule this item earlier on the agenda. She then wanted the Commission to seriously consider the concept of conservation restrictions as vehicles for preserving wild lands and wetlands. She thought the ConCorn could viably suggest applicants look into them or even write them into Orders of Conditions. She handed out copies of a guide to conservation restrictions and asked the Commission to read and discuss it at the next meeting, paying particular attention to Exhibit A. . ---.. Town of Nantucket Conservation Commission Town and County Building Nantucket, Massachusetts 02554 Minutes of December 15, 1988 Page 21 5. Correspondence All correspondence was summarized on a handout sheet to be taken home and read individually. One item generated a request that Ben McKelway ask Town Counsel for copies of all briefs pertaining to the Murphy case for all the Commissioners. 6. Minutes of November 10, 1988. A motion was made to accept the minutes as written. Minutes of December 1, 1988. A motion was made to accept the minutes as written. There being no other business, the meeting adjourned at 11:05 PM.