HomeMy WebLinkAbout1988-12-15
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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)
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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.