HomeMy WebLinkAbout1991-01-03
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T own of Nan. tl1cket
Conservation Commission
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. (508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
MEETING MINUTES FOR 3ANUMV 3. 1991
The meeting was called to order at 7:03 PM in the Large Group
Instructioh Room of the Nantucket High Scho~l. Commissioners
present were William Willet, Don Visco, Peter Dunwiddie, Daniel
Kel"liher, Peter Wilson~ Also present was B.ruce Perry,
Administrator and Lucia Wyeth, Secretary.
The Commissioners were polled and voted unanimously to go
into executive session at 7:16 PM.
A. EXECUTIVE SE~SION
a. Litigation
b. Approval of Minutes for December 13, 1990
The open session reconvened at 8:05 PM
!6.. COMMENTS AND QUESTIONS FROM PRESS. .AND PUBLIC
None
C. PUBLIC HEARINGS
1. Richards - 25 East Tristram Ave. - SE48-609 (31-1)
MOTION: To continue the hearing at the request of the
applicant was made and seconded.
UNANIMOUS
2. Santa Rita Trust - Polpis Road - SE48-630 (26-22.4)
Abstaining from the discussion and the vote is Don Visco.
Pr~sent are Randy Sharp and Melissa Philbrick, Attorney.
Architectural plan and artist rendering showing
elevations of house and studio/garage is provided.
Philbrick says this should give a sense of what the
represents. .
Attorney
height
Mr. Perry asks how we can let a garage studio have a
ridge 2' higher than the main house and notes this is what
will be seen from the harbor.
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"Town o'f.Npntuclc.et
Conservation Commission
(508) 228.7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes, for January 3, 1991 Page 2
Attorney Philbrick responds t~erationale is. that it is
set back .into the hi 11; "is 2 stories on one side but not or;
the other.
Mr. Sharp says he thinks he can get it down to 27.9 abc"..;e
a 10'slab.
Commission notes it is still 1 3/4' higher than the main
house.
Mr. Sharp responds the site has a hill behind it
extending another 9'.
.
Commission notes there is still studio above the hill.
Attorney Philbrick questions what the difference betwee'1
26' and 27.9 going to add.
Mr. Perry responds the point remains that this is an
accessory structure; to have it 2' talle~ than the house
would seem to be ~ontradictory. The Commission made a point
of limiting the height onthe.main house during the original
NOI hearings, he adds
Dr. Dunwiddie agrees it doesn't make sense that an
accessory structure is higher than the main structure~
. Mr. Sharp says he could go 24' from average grade. Asks
if topography doesn't playa part in the consideration.
Mr. Willet asks for comments~
Mr. Wilson has a concern about the intended purpose for
the third floor.
Mr. Willet asks if they ca~ lower it a little more.
Mr. Sharp agrees to bring the ridge down to 27'. This
.will drop it 1 1/2'. Asks if tbis is enough of a compromise.
MOTION: lo continue for lower house at the
request of the applicant was made and seconded.
UNANIMOUS
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Town of Nantti.cket
Conservation Commission
(508) 228~7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for3anuary 3,1991 Page 3
Discussion reopens after the executive session.
Attorney Philbrick states Mr. Sharp will make the 36'
above mean sea level work: 10.3' slab with 25.7' above slab
as opposed to. 28.6 and 27.9 which were their previous
heights.
Mr. Perry asks if widow's walk is planned.
Attorney Philbrick says this height includes all parts Qf
the structure except the flagpole.
Mr. Perry asks'if the Commission wants ~o keep the
hearing open to see a plan with the lower heijlht.
MOTION:' To accept the existing plan with
clarification ~ndagreed change in height to and
draft an order was made and seconded.
UNANIMOUS
3. Cross - 32 Easton Street - SE48-636 (42.1.4-17)
Present for the applicant is John Shugrue.
MOTION: To close the hearing and draft an Order of
conditions was made and seconded.
UNANIMOUS
4. Heydt - Brant Point Road - SE48-617 (29-153,156,161)
Present for the tiiPplicant was Tom "King of Milton Rowland
Associates.
Mr. King reviews a revised plan submitted to the office
and proposes to increase the amount of replicated wetland
from the-lot line. Suggests the. interpretation of the By-law
is that if you improve a situation that can" be the basis for
a waiver. For instance a la~n that was a wetland meadow at
one time--if you can put a little of the wetland meadow back,
aren't you improving the situation?
Dr. Dun~iddie comments that the applicant already has a
big house, they have already filled in the wetland for large
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,~:~;:
Town of Nqntucket
Conservation Commission
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 1991 Page 4
lawn that wi II go unpuntshed so lei y due to the .fact that tre
statute af limitations has run out~ and now they want an
additi~nal struct~re close to the remaining wetiand. This
shows complete ~isregard for wetland protection regulati9ns.
He continues that what he would like to see, if they want
more, is something not sitting down in the wetlands. Notes
that we have a 50' setback now in the regulations.
Mr. Willet indicates a possible setback line.
Dr. Dunwiddie asks what is the use of the building.
Mr. King ~esponds that the filing is for a boathouse a~j
a playhouse for the kids. Asks if the plan as presented dces
not meet the criteria for a waiver. They have the option cf
moving the building to the other side of the lot out of the
buffer. but movi~g it there wouldn't restofe the wetland area.
Why is putting- t.he building in the buffer and restoring the
wetland a less desirable proposal. He adds if the building
was put on the other side of the house, there would be a
problem withget~ing a boat in it.
Mr. Willet states he would like to see it moved.
Commission questions if the applicant might possibly have
rights as it was created after Northern Avenue.
Mr. King says this is .not the feeling he got when we dij
the first inspection.
Mr. Willet disagrees, argues that it was almost unanimc~s
opinion of the Commissioners inspecting.
Dr. Dunwiddie says if it is a boathouse he doesn't knc~
. why it can' t even be. cont inuous to the house. He sees no
cdmpelling reason why it has to be within 50' of the wetla~d.
Mr. King asks what would constitute improving the
situation.
Commission responds that it should be away from the
wetland and the wetland should be restored. You put the
wetland ba~k and we still let you build within ~O' of it s=
that is a waiver right there. You are going to have to ge~ a
waiver anyway.
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.
Town of-Nantucket
Conservation. .Commission
(508) 228-7230
,..
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 1991 Page 5
MOTION: To ,close the hearing and draft an Order of
Conditions todenytlie project was made and seconded.
Commission asks if this is the way he wants it done or
would he prefer to move it.
Mr. King states he prefers to close the hearing and not
come back with an additional revision.
UNANIMOUS
5. Doucette - 18 Grove Lane - SE48-601 (41-441)
MOTION: To continue to January 31 at the request of the
applicant was made and seconded.
UNANIMOUS
6. Lamb - 105 Wauwinet Road- SE48-633 <12-40. U
Present for the applicant are George Dallas, Attorney,
and John Shugrue.
Mr. Shugrue states he has created a set of building plans
and states they are not going to present their plan to DEP.
Commission asks if he has ~h~ letters stating why they
feel they.dO not have to go to DEP.
Mr. Perry confirms the letters have been received.
Continues what it comes down to is whether or not it is
within the CommissioM's jurisdiction.
Mr. Visco comments we should take the applicant on face
value. It should be up to the Board of Health. He believes
they are right when they ~ay they are not a public water
system andtfu!iy do. not come under the regulations.
Mr. Perry says the other question was the pump test
water.
Mr. Shugrue says he will truck it to beyond 100' of
'wetland.
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Town of. Namtucket
,Conservation .C'ommission
h
(508)228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
M~etingMinutes for January 3, 1991 Page 6
Mr. Perry raises the question of fee payment.
Mr. Shugrue says he own us $1265 for-23 houses~'
.Mr. Perry states everythi~g is on hold till that is
received. He will prepare a letter for Mr. Shugrue stating
the need for additional fee payment.
Discussion was introduced regarding how replacement hook-
ups should be handled.
Mr. Visco wonders if the Commission should be notified
before individual lot replacement service was connected.
Mr. Shugrue states the best way is to go right up the
driveways with anew line rather than dig up the old lines,
the~eby disturbing more area.
Mr. Shugrue questions how fee payment for the 'individual
houses will be handled with DEP~
Mr. Perry responds that he will prepare a form letter to
send to Mr. Shugrue and send a copy to DEP.
Mr. Shugrue theorizes depending on membership at the time
either a Determination or a whole Notice might be required.
Mr. Wilson asks if the order can be so stated in the
order to in!=lude replacement lines will be placed up the
driveway.
Mr. Visco adds a t~me frame to attach should be included
Mr. P~rry adds, to clarify, that they are planning to run
the water main down the road but not run any pipes up to ~he
lots. They are hooking up to existing pipes on the lots. . So
he is going to put in the order that if any work such as that
is done requires a new filing because going out to the dunes
and the beach wasn't in the scope of the main plan.
Mr. Willet agrees this is his understanding.
Dr. Dunwiddie asks if this means that every homeowner has
a hearing to put in their house connection in the same place.
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Town of Na.ntucket'
ConservaUbnC6rhmission
(508) 228-i230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 1991 Page 7
Mr. Perry says yes, if they are not going'to replace the
existing lin.s. Discussion has been that lines are ill ove~
the place, not nece~sarily on the lots.
Mr. Visco says so they won't be replacing existing water
lines, youwillmostl y, be install inc;, new ones at adi fferent
location. Continues if you are going to replace a utility
line in the same place, you don't have.to come to this board.
In that case i.twi 11 be a judgement c,:all between the
contractor and the engineer. Otherwise people will be
'reporting every-time someone digs through the beach.
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Mr. Shugrue says when this is going up the road a lot of
the people are going to request it go up the driveways which
is where nothing will ,be lost.
Mr. Perry says that is his point. That is not included
in the scope of the plan.
Mr. Visco says there are exemptions written into the
utilities and the State law is the same as the Town law.
Dr. Dunwiddie asks if that isn't a public utility.
Asserts you can't can't call it a public utility in one case
and a private in the other.
Mr. Shugrue says there is no differentiation applies
to utilities. Says replacing the old lit;eis their right out
it will do more damage than up .the driveway.
Mr. Perry responds that he is not ~uggesting they file
Notices but either notify us or file a Determination on where
the old l'ine is and where the new one is going to be.
Mr. Shugrue says where we have paid the fee just let us
go up the existing driveways to the houses and be done with
it once and for all.
Mr. Wilson asks if that can be stated in the order.
Mr. Shugrue suggests they just file a Determination.
....?
Dr. Dunwiddie responds that is usually how it is done.
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Town of Nan:tucket
'Conservation Commission
,(508) 228-7~0
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 1991 Page a
Mr. Shugrue says yes, or- I can go replace where they are
right now and do more environmental damage ,of which you have
:no control over.
Dr. Dunwiddie responds he would assume the owners would
not wan~ damage done around their house.
Mr. Shugrue says no but if we tell them what we are going
to do and come in on a Determination and get a board that
says file a whole Notice; sometimes I honestly think you are
acting as tax collectors..
Mr. Visco asks if ~e plans to do any of these at once or
stretched out over years.
Mr. Nelson Jones responds that he believes when the
contractor is there people will have the incentive to have it
done. then, likely six at a time.
Mr. Visco says then it would be easy to do several houses
with one Determination.
Mr. Shugrue says if you wrote in the or~er that we could
at least go up ,the driveway it would save ,you having to pass
cm:thes~. That would only be valid unt i I, such time as we
complete the project and receive the Certificate of
Comp Ii ance.
Mr. Visco agrees that. it .should be done in the most
sensible way and ifin fact the order is written that all the
services have to go up the driveway they don't have to worry
too much about environmental damage.
Commission agrees the order should include.replace
existing services up the driveway.
Attorney Dallas agrees the order at least include the
stipulation that connection be ma~e up the driveway.
MOTION: To Close and write order with agreed
stipulation was made and seconded.
UNANIMOUS
7. Briskman - 2 Long Pond Drive - SE48-b31 (59-28)
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Town of .N,ahtucket
ConservaribnCommission
(508)228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
M~eting Minutes for January 3, 1991 Page 9
Mr. Visco and Mr. Willet abstain from the discussion and
the vote.
Present for the applicant is Meli9sa Philbrick, Attorney.
Mr. Wilson read9 the inspection report. Nbtes that a ne~
house site has b~en selected away from Madaket Road and the
bike path.
Attorney Philbrick notes the new envelope needs ZBA
approval for a 15' Setback on Long Pond Drive. February 15
is ~heir next hearing but as it may possibly be continued
suggests we postpone to either an alternate date for the
scheduled February 28 date, as she will not be here, or March
14, which is the day before the next ZBA meeting. Recommends
leaving the finish contour discussions as well till then.
Mr. Perry asks if the Commission is happy with. the 1300
sq. ft. ehvelope and what is going around it.
Dr. Dunwiddie reSponds that he is not entirely pleased
but it is an improvement over the first,proposal. He adds
that he would like to see how the final grading contours will
work out.
Attorney Philbrick points out she is hopeful about the
new site but there is a concern it may not wor~ and notes
this is a directirin the Commission wants tb go in but it is
not etched in'stone.
MOTION: To continue the hearing till March 14 is
made and seconded.
UNANIMOllls
8. Johnson - 34'Easton Street - SE48-634 (421.4-18)
Present for the applicant is Melissa Philbrick, Attorney,
and John Shugrue.
Present for the abutters is Arthur Reade, Counsel.
Mr. Shugrue presents additional information concerning
the water flow in Nantucket Harbor and the effect of a float.
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Town of Nant.ucket
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Conservation Comm,i~sion
(508)228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 1991 Page 10
Confirms the length of the houseboat is 50' long plus 10-12
longer depending on which "play toy" is attached to the rea'-
end, i.e. dingy, swim platform. The 60' float will sit in
the water 9" so water will still be able to flow under and
around even at low tide when the d.epth is around 3 t~ 3 1/2
feet. Distributes a Johnny Trap Pump Out handout and
explains that it is the Same,as is used on the Town pier bu:
will ~ot be coin operated. ~otes that there are several
products for holding tartks on the market that have a
formaldehyde base but Mr. Johnson does not and will not use
these.
Attorney Philbrick notes that, she was trying to find anv
source of formaldehyde that Dayl,or was talking about and
basically the holding system doesn't have a treatment syste!'"
in,it--hasno mechanical parts. Th~ only thing she could
find was that it was one of the ingredients used in over the
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counter marine deodorizers and the instructions were to put 4
oz. in 100 gal holding sYstems. Notes she has tried to traCK
it in DEP information and has not found anything to indicate
it as being terribly active.
, Mr. Perry asks if the Johnny Trap System uses a 1/2'
fresh water supply line.
Mr. Shugrue says yes and that is already installed on t~e
Rier and it is permitted.
Attorney Philbrick pas?~s out a letter responding to
Daylor's concerns. Notes that wetland sc~nic view seems tc
be the big issue and that the .float is 4' wide, 60' long an::
rises 30" above the water level in an area where the view is
residential pier and she doesn"tsee that as a viable
concern. The other issue is the pump out issue and the use
of formaldehyde and they would certainly accept conditions en
the order covering its use. Comments that at best they ~ee~
to be looking for concerns on that issue.and notes if there
was a concern it would be to the town sewer lines. The
suggestion that this is.a per.manent hook-up; states the
Johnny Trap System does not do that. The allegation that
there is ~ommercial activity is also not so on the Johnson
pier. It is a residential pier and DO boats are being
brought in to be worked on except perhaps those which dock
there. The party in question has absolutely no authorization
to do any commercial activity out of that dock. Notes there
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Town 01 Nahtticket
Conservation Commission
(508) 228.7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes Tor January 3, 1991 PagE 11
had been ?ome problem in the past where there had been misuse
of thatpl_er but her understanding is that it has been
corrected and the owner is aware of the sensitivity of the
problem. She ~tatesttiat it is aresiden"tial pier and thE
order should be very'clear about that. Also points out that
the number of boats tied up for whatever usage does not tu~n
it into a commercial activity.
Mrs. Philbrick adds that she has some information on tne
size of the boat itself that she Is offering to dispel any
suggestions they were adding footage; confirms Mr. Shugrue's
information. Further s~~tes they, however, do ,not want to
create a sense that the Commission is permitting the boat.
They might someday decide to tie up 6 sunfish there.
Mr. Reade expresses disappointment there is not more
information on the effect on water circulation. Would like
the hearing continued so he may review the information
presented with Les Smith.
Attorney Philbrick Fe?ponds that sh~ does not have
-objections to continuing' the hearing and points out that
Daylor has not formally questioned water circulation, though
the abutters had. She would like an opportunity to
officially rebut this question.
I
Dr. Dunwiddie asks to see the wharf plans mentioned ir
Attorney Philbrick's letter.
Mr. Shugrue states' the p'lan is' to use 5, 12' sections as
opposed to longer sections the gap between the floats wi 11 be
approximately 3" and probably insignificant effect on the
water flow.
Attorney Philbrick says in the letter they were talking
about separated sections and she had not seen Mr. Shugrue's
final plan when the letter was written and therefore may te
misleading with regar,d to water flow.
Dr. Dunwiddie suggests he design a pier that does allow
more water to flow.
Mr. Perry notes that when the boat is not there the float
is; water flow is based not only on the float but how long
the boat isn't there.
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Town of Nantucket
Conservation Commission
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 199.1 Page 12
Mr. Visco asks if the flow can ~ignificantly be measured
to show the differencg in whether ornotth~ boa~was there.
Mr. Shugrue says that l~st year the boat only went out
twice.
MOTION: To continue for additional information was
made and seconded.
UNANIMOUS
9. Poor-Quidnet ~d -SE48':'635 (20-49, 50.2, 50.:3; 21-58, 119)
10. .Poor-Quidnet Road -SE4B-637 (21-122, lI8.l, -119.1, 119.2)
MOTION: To continue to January 31 at the request of,
the applicant was made and seconded.
,
UNANIMOUS
'11. Greenberg - 21 E. Tristram's Ave. SE48-557 (31-3)
Present for the applicant is Melissa Philbrick, Attorney,
and John Shugrue.
,
M~. Willet asks about the reques~ to modify the house.
Attorney Philbrick ~ays they have worked very hard on the
envelope. Says the Board of Heal th rejected th'eir' request
for the septic system location. Notes the house was designed
with a special needs (Mr. Greenberg being blind) in mind as' ,
well a's for grown chi Idren and grandchildren. There was riot'"
much they could do with a simple redesign given the 50'
wetland. line and keeping 100' -from the bank. Asks at this
point the Commission to reconsider the original request for
the other site that put the septic leach pit only 85 feet to
the wetland with the expansion area being only 60 feet away.
Dr. Dunwiddienotes that he ,gets the feeling our
regulations are at the bottom of the pecking order.,
Mr. Shugrue said that Richard Ray was adamant against the
original site; said to go back to the Commission and he would
.
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Town ot Nantu~ket.
,Conse.rvationCotntnission
(5081228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Mee~ing Minut~s for January 3, 1991 Page 13
in fa~t help fight for it~ He notes that Mr. Ray is no~
present at this meeting
Mr. Visco asks what is the status of the road.
Mr. Perry points out the obvious possibility is witnin
the red triangle.
Dr. Dunwiddie concurs it does look like the Commission
has another option but notes it might be expensive to
redesign the house.
Mr. Shugrue states the ball is in the Commission's court.
Attorn~y Philbrick asks if we want a publiC hearin~ for
the septic system location change rather than change the
plans.
Mr. Perry states we wanta vote to not amend the existing
Order of Conditions.
Attorney Philbrick restates that we requested a
modification of the septic system to be ~ithin 100' of a
wetland area.
Mr. Willet adds the reason being there are other octions
available that don't requir~ ~ waiver. Asks for a m~tion.
~ttorney Philbrick states the wording of a motion Should
be to deny request for relOcation of the septic system to
within 100' of the wetlands and therefore granting a waiver
to the regulations.
Dr. Dunwiddie notes the house has not yet been built and
it wouldn't be a great imposition to redesign.
Attorney PhilbrIck says they would rather not speno time
redesigning the house.
Commission suggests the house ~ould be built with a slab
on grade instead of with a full ,basement.
Mr. Shugrue states that would eliminate the capability o,f
being able to move the house should it be necessary.
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To.wn of Nantucket
Conservation Commission
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for J~nuary 3, 1991 Page 14
-.
Attorney Philbrick states if there is to be a time to
redesign the house that they would probably file fora new
order.
MOTION: To stay with the order was made and
seconded.
UNANIMOUS
12. Shapiro - 57 Pocomo Road - SE48-638 (15-16)
Present for the applicant is Robert Emack, Nantucket
Surveyors and Arthur Reade, Attorney.
Mr. Perry notes he received a call from one of the
abutters who was not notified. He says they were not on the
accessors list.
Mr. Willet reviews the original 1980 order which set the
house 75' from the. bank. The house that was built was 57'.
We denied the certificat, and now you want to move the
existing house back and built a new house at 57'.~
Mr. Emack notes itis a stable bank and the local
regulations allow it to be built 50' from the bank in any
event.
Nr. Visco notes the new house presents a great
opportunity to comply with the 'original NOI. Asks if the 18'
dif1erenceis critical.
Mr. Reade say~ he's not $ure where the 75' came from in
the fi rst place. stat.es if it were a fresh star t on a vacant
Ibt his understanding is that 50' would be allowed; the fact
it is an existing site should not pertinent.
Mr. Visco asks .if the idea is not to use the existing
foundation. Why do they have to be exactly on the 57' mark.
- ,
Mr. Reade responds that there is no real reason
Dr. Dunwiddie says they are right, if there wasn't a
house there they could come in at 50' and be within the
regu I a t ions; however, , ~he fact is there is a house ther e and
we are always trxing to make things better and this seems
like a perfect opportunity to make things better.
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Town of NiC\ntu6ket
Conservation Commission
(508) 228~723{)
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 1991 Page 15
Mr. Perry notes that. the Commission had already allow.ed
57' with anewNOI o'n th~ first house;,
Dr. Dunwiddiesays he would like to see 75' on a revised
plan.
Arthur Reade asks if 75' is what you want why don't the
regulations so state?
l'r. Willet asks ~f he would like to put the idea to the
client.
Mr. Reade says he would like to, talk with the clients.
Agrees that there is room in the envelope to move"the house
and says they certainly do'not intend to' build a house the
size of the envelope.
Mr. Perry asks the Commission if they want to get some
idea of the scale of the house with regard to the wetland
s~enic view. With the rectangular envelope you don't have
that chance.
Mr . Emack shows a pIeHl that is a concept of the proposed
house but does not have an elevation.
Mr. Perry notes it fi lIs up the envelope fairly well.
Mr. Emack says that is because of the orientation; the
square footage is probably 1/4 of what the envelope is.
Mr. Perry asks to see some actual footprint and the
elevation you want to aim for.
Mr. Emack notes that salt box is the basic design.
Mr. Perry sugges~sthe Commission inspect the site in 2
weeks.
MOTION: To continue for additional information was
made and Seconded.
UNANIMOUS
~ REGULAR MEETING
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Town of Nantucket
Conservation Commission
(508) 228-723(}
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 1991 Page 16
1. REQUEST FOR DETERMINATION
a. Perry - 873 S. Cambridge St - (59.4-133, 132}
.Mr. Perry states for the record' tha-t; he h~as an' mi nor i ty
interest in'the property as ~result of a gift to a f!mi1V
trust.
...
Mr. Wi llet reads the si te inspect ion.. The quest ion tnat
needs to be answered is wh'ether the isolated wetland is
Subject to State or Local regulations.
.
Mr., Perry says "that the property contains an isolatec
wetland and is surrounded by Cambridge Street, tennis cou-ts
and driveways. Notes that for the State regulations an
~ so lated wet land is Supp(),sedto be. flooded wi th 6" of water
on 1/4 acre foot at least once a year. If the wetland is
only 500'0 sq. ft.', you have to have a foot of water on it at
least once a year and he doubts that is possible.
Commission notes the Local by laws are more strict than
the State.
Mr. Perry says the Local By-laws relate back to the
performance standards of vegetated wet lands., The performance
standards do not fit as the whole lot would not increase
flooding in the ,area n9r would it affect ground water. Wnat
makes it subject locally is tha~ it goes back to the
vegetated wetlands which requires building setbacks of, 50'
and 100' for septics, and there is no minimum size of the.
wetland. Since. there are wetland plants in that area it is
sub ject. locall y.
Mr. Visco comments for now we aren't concerned with house
and septic location but only if it is subject. He adds that
it obvious that it is a we~land~
. Mr. Perry says that we are on~y concef~ed with the
Determination of, whether it is subject to State or Local oy
laws.
Mr. Willet comments that it is obvious is not subject
under the State. Calls for a motion.
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Town 6fNantubket
Conservation' .Commission
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 1991 Page 17
MOTION: To restrict the property as being subject to
local regulations was ,made and seconded.
UNANIMOUS
b. Holch - 11 Wauwinet Road - (20-4a) - 8'xl0' detac~ed
storage shed
MOTION:, To continue' for receipt of new plan was made
and seconde,d.
UNANIMOUS
2. ORDER OF CONDITIONS
a. Santa Rita Trust - Polpis Road - SE48-630 (26-22.4)
Mr. Visco abstains from the discussion and vote.
Mr. Perry no.tesone addi t.ional change on the Order to add
the cantilevered decks on the first floor:, proposes adding
access from the driveway to the 2 decks are included in the
24)(24' plan.
MOTION: To issue the Order with the agreed change
was made and seconded.
.
UNANI, MOUS
ADDITIONAL SPECIAL,' CONDITIONS
Randolph 6. Sharp, Trustee
Santa Rita Nominee, Trust
I>EPFILE NUt1B~ SE4S. -,630
ASSESSOR'. S MAP ,26 , PARCEL 22.4
222 Polpis Road
UNDER THE MASSACHUSETTS WETLANQS PROTECTION ACT
_ ( ,I'1GLCI:lAPTE~- 131, SECTION, ~o )
AND THE' WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
3. Purs4anttO.GeneraJ Condition Number ,6, this Order of
CO'nditions mu,stbe registered in the Registry of Deeds for
Nantucket and proof of recording shall be submitted to ~he
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Town of Ndl:l.~~l.1cket .
Conservation Commission
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 1991 Page 18
Commission, prior to commencement of any work approved in
this Order.
4. Prior to any a'ctivity at the sit-e, a 'siltation fence or a
line,of haybales shall be-stakedalong the 25 foot
undisturbed buffer to the established wetlands boundary, or
at a higher el~vation. After the 'fence or haybales are
installed, notice shall be given to the Nantucket
Conservation Commission. No work shall begin on t:he site for
48 hours aft:er said notice is given, so as t:o allow'
Commission members time to inspect: all silt:at:ion devices.
The siltation fence or haybaleline, er.ected to prevent
siltation of the wetland during construction, will also serve
as a limit of activity for work crews. It shall remain in
good repair during all phases of construction, and it shall
not be removed until all soils are stabilized and revegetated
or until permission to remove it is given by 'the Commission.
5. 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, if at all, the completed
plan differs from the final approved plan. The as-built plan
shall include, but not be limited to, ,the following: any
pipelculvert inverts for inflow and outfalls; pipe slope,
size and composition; location of other drainage stru~tures
and their composition; limits of fill or alteration; location'
of all structures and pavement within 100 feet of wetland;
the edge of the wetland; the gra~e contours within 100 feet
of the wetland.
6. Members, employees', and agents of the Commission shall have
the right to enter and;'~nspet:'t tl1e premises to evaluate
compliance with the condi~ions and performance standards
stated in this Order,theNant~t:ket.Wetlands Bylaw, the
Regulations promulgated und.~~he Bylaw, the Massachusetts
WetlandsProtec:tion Act, and pertinent_Massachusetts
regulations (31b' CMRI0.00 through --10-.99). The' Commission
may require the submittal of any data deemed necessary by the
Commission for that evaluation.
7. The applicant, owners, successors or assignees shall be
responsible for maintaining anyon-site drainage structures
and outfaUs, assuring the lasting integrity of vegetative
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To,wn 01 Nantucket
Conservation" Commission
. r " "
(508) 228-7230
10 South Beach Street
N antueket, Massachusetts 02554
Meeting Minutes for January 3, 1991 Page 19
cover on the site and monitoring ~iteactlviti~s'so as to
prevent er-osion, siltation, sedimentation, chemical
contafJIination or other detrimental impact to anyon-site or
off.,o;site resource area. It shall be th~ responsibility of
the property owner of record to see that the maintenance
conditions are complied with as required by this order.
8. This document shall be included in all construction contracts
and subcontracts dealing with the work proposed and shall
supersede other contractr~quirements.
, .
9. Used petroleum products from the maintenance of construction
~quipment, construction debris, and unused paint and paint-
related products shall be colle~ted and disposed of
responsibly off the site. No on-site disposal of these items
is ailowed.
10. Oust control, if required, shall be'limited to water. No
salts or other wetting agents shall be used.
-ll. Any refuse material found on_the site shall be disposed of at
an approved landfill and in no case may these materials be
buried or disposed of in or near a wetland.
12. This Order of Conditions shall apply to any successor in
intefest or successor in control of the property.
13. In all cases, no part of any structure, including decks, may
be closer than sho~n on the final approved plans. The
appr.oved show the building envelope to be at least 60 feet
from the wetland boundary at its closest point.
'14~ Natural vegetation between the wetland edge and the driveway
edge shall be left intact.
15. The proposed driveway shall be constructed of pervious
materials.
16. Additional Special Condition * 9 from SE48-S19 shall also
apply to this project. This ConditiOn requires: "After
construction, vegetation adjacent to the driveway will be
allowed to grow back, forever undisturbed by mowing, cutting
(except for trimming to maintain the l~-foot width), or
excavating." This condition shall be on-going.
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Town of Nantucket
Conservation Commission
(508) 22~<'230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes frir January 3, 1991 PagE 20
17. A ~plitrail fence shall be ete~ted along the North (wetl~-d)
and the East sides ofth~~riveway to ensure that vehicles
remain on the approved drivewjlY footprint. The fence shall ~e
'within five feet of 'the actual driveway surface at its
furthest point.
I
18. To minimize adverse effects 0l'1 wildiife, the use of any
pesticide or fertilizer is prohibited.
19. The ridge height of the proposed garagelstudio shall have 2
ridge height of no more than 36 feet above mean sea level.
This limitation is to include .the all parts of the struct~-~,
including widow walks, chimneys, etc., with the exception :f
the small flag pole proposed as shown on the plans
20. The proposed building envelope shall contain all decks,
stairs, overhangs, cantilevers, etc. with the exception of a
small walkway .toallow access to the studio from the exist:,g
driveway and three small cantilevered decks as shown on t~e
approved plans. As djscus~ed during the public hearings~ :-e
approved eDvelopei~ 24 x 24 feet.
21. To minimize the possibilities of pollution the septic SYS~E~
grinder lift pump shall be placed within a standard septi:
tank. The lift pump must be powerful enough to reliably p_-~
sewage into the existing pressure line.
22. Excavated materials shall not be stockpiled within 50 fee: I~f
any wetland boundary.' If such a location cannot be found :-~
materials are to be removed off the property to a site that
is not within the Commission's jurisdiction.
23. No further expansion of this structur. shall be allowed i-
the future, no further structure(s) shall be allowed on t'"e
lot and the buildihg shall not be ased as a dwelling. This
condition shall be on-going and not expire at the issuance of
the Sertificate of Compliance
23. No coastal engineering structure of any kind shall be
permitted on the property in the future to ~rotect the
project allowed by this Order. Section 310 CMR 10.30 (3) ~f
the Wetlands Regulations, p~omulgated under MGL Chapter l~:~
Section 40, requires that no coastal engineering structure.
such as bulkhead, revetment, or seawall, shall be permitte:
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, Town of Nmtucket
. - --,
Conservation ,CommisSion
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 1991 Page 21
at anytime in the future to protect the project allowed by -
thi? Ord~r of Conditions.
***
b. Cross - 32 Easton Street - SE4S--636 (42.1.4-17)
MOTION: To issue as drafted was made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
Lisa W. Cross
DEP FIL~NUMBER SE48- 636
ASSESSOR'S MAP 42.1.4, PARCEL 16
32 Easton Street
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
(MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE '" TOWN OF NANTUCKET
( CHAPTER 136 ) - -
3. Pursuant to General Condition Number 8, this Order of
Conditions must be registered in the Registry of Deeds for
Nantucket and proof of recording shall-be submitted to the
Commission, prior to commencement of any work approved in
this Order.
4. Prior to any activity at the site, a flo,ating boom as shown
on the plans shall be placed in the water to contain floating
debris. After the floating boom is installed, notice shall be
given to the Nantucket Conservation Commission. No work
shall begin on the site for 48 hours after said notice is
given, so as to allow ComMission member'S time to inspect ai I
siltation devices. It shall remain in good repair during all
phases ofcQnstruction, and it '?hall .not be removed until t'he
site has been and permission to remoVe it is given by the
Commission.
5. 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
saome time as a written request for a Certificate of
Compliance and shall specify how, if at all, the completed
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Town of .Nantucket
Conserva !ion Commission'
(508) 228-7230
10 South Beach Street
Nantucket,. Massachusetts 02554
Meeting Minutes for January 3, 1991 Page 22
plan differs from the final approved plan. The as-built plan
shall include, but not be. limited to, the following: .any
pipe/culv~r~ inverts for inflo~ and outfall~; pipe slope,
si ze and composi t ion; 10catio1'l<ofother drai nage structures
and their composition; limits of fill or alteration~ location
of all structures and pavement within 100 feet of wetland;
the edge of the wetland; the grade contours within 100 feet
of the wetland.
6. Members, employees, and agents of the Commission shall have
the right to enter and inspeet.thepremises to evaluate
compliance with the conditions and performance standards
stated in this Order, the Nantucket;WStlands Bylaw, the
Regulations promulgated under the Bylaw, the Massachusetts
Wetlands Protection Act, and pertinent Massachusetts
regulations (310 CMR 10.00thtough 10.99>. The Commission
may require the submittal of any data deemed necessary by the
Commission for that evaluation.
7. The ap~licant, owners, successors or assignees shall be
responsible for maintaining.any on_-~ite drainage structures
andoutfalls, ~ssuring the las~ing integrity of vegetative
cover on the site and monitoring site activi,ties so as to
prevent erosion, siltation, sedimentation, chemical
contamination or other detrimental impact to anyon-site or
off-site resource area. It shall be the responsibility of
the property owner of record to see that the maintenance
conditions are complied with as required by this order.
8. This document shall be included in.all construction contracts
an;! subcontracts dealing with the work proposed and shall
supersede o~her contract requirements.
9. Used petroleum products from the maintenance of constructiDn
equipment, constructio"l'l debris, and unused paint and paint-
related products shall be collected and disposed of
responsibly off the site. No on-site disposal of these items
is, alfowed.
10. Any refuse material found on the site Shall be disposed of at
an approved landfill.and in. no case may, these materials be
buried or disposed of in or near a wetland.
11. This Order of Conditions shall apply to any successor in.
interest or successor in control of the property.
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T own 01 ,Nantucket
Conservation Commission
(508) 228.723Q
10 South Beach Street ,
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 1991 Page 23
..
12. To mjnimize adverse-effects on wildlife, the use,of any
pesticide or fer-tilizer.more than 15 feet from the house is
prohibited.
13. The new bulkhead and all coverings shall be no more than two
(2) feet seaward of the existing bulkhead at its furthest
point.
14. All wood used shall be treated with a non.....;leaching
preservative such as CCA. No paint, creosote, or
pentachloroph~nol is allowed. In addition, allowed materials
for bulkhead include the use of new "plastic w06d".
15. As discussed in the hear~ngs and field inspection to reduce
the impacts em the harbor, the app I icant wi 11 attempt to
coordinate the replacement of this bulkhead with the abutter
to the east so that they can be replaced at the same time.
###
3. EXTENSION OF PER~IT
a. Tarpon - Wanoma Way - SE48-494 (92.4-318)
Pre.sent for the ,app 1 icant, is a representat i ve of the
Nantucket Bank, current owner of the property.
Mr. Perry reviews the history. Says ~he property is
.being foreclosed and the new buyer would like an extension.
He says they plan tp redesign the house and will then request
a minor modification.
Mr. Perry will send letter to attorney requesting
footprint .
The Commission agrees to discuss minor.modwhen footprint
is received.
MOTION: To issue the Extension Pe,rmi t was made and
seconded.
UNANIMOUS'
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Town of "Nantucket
Conservation Commission
(50S) 228.7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 1991 Page 24
4. CERTIFICATE OF COMPLIANCE
a. Stark - 39 Millbrook Road SE48-470 (56-3i3)
Mr. Perry notes the as built plan on the house and septic
is a, slightly back from what was approved.
Mr. Willet asks if he recommend they approval and he
responds affirmatively.
MOTION: To issue the Certi~icate of Compliance was
made and seconded.
UNANIMOUS
5. PLANNING BOARD REFERRAL
a. Canapache Nominee Trust ~ Shawkemo Road
Mr. Perry says that he has talked with Arthur Reade are
going_ to do is file a Determination on the lots showing
building envelopes. The Commission is waiting for a pla~
showing the building envelopes which they were supposed to
have two months ago. He states nothing has to be decided
till the Determination i~ received.
c. Briar Patch - Quidnet cluster
Mr. Perry shows the plan. States that the site
ir\spection he saw 1Winterberry and 2 High bush Blueberry.
He believes it' is not subject to regulations.
Dr. Dunwiddie asks if this is a determination on the
whole piece or just a section.
Mr. Perry says it is on the whole piece. He adds that he
was going to, send a letter to t~e Planning Board commenting
that the bui lding lots are not !?ubject bu_t if work on the
open space is proposed thenjthey would have to come back to
us for approval.
Dr. Dunwiddie says it should be made clea~ what the
approval was for.
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Town of., Nantucket
Conservation Commission
(50S) 228.72$0'
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 1991 Page 26
Commission discusses and. agrees to stipulate maximum of 8
hours to complete and to be 'done by March 1.
MOTION: To accept bid ~ithstipulation was made and
seconded.
UNANIMOUS
c. Long Pond - cattail removal
. .
Mr. Perry says Henry asked he look into doing something
around Massasoit Bridge and in a selective way open it up.
since the two Long Pond Homeowners filings are tied up in DEP
and they don't really have the funds to do anything.' Also
says there is some discussion on whether or not the Old order
is viable. He wanted to get the CdM~ission's feeliM~ on what
should be done.
Mr. Visco agrees we should take tne initiative and do it.
Mr. Perry says presen.t.s-the information he has gathered
from various contractors with regard to equipment to do the
job and cost. The only person he has found who has the
equipment to do it in a minor, way as opposed to just putting
a drag line out there is Billy Holdgate. He has a small
crane with a 45' reach. He won't be dredging any deeper or
running up and down along the bank. He needs to talk to the
Land Bank reg~rding the work he has done for them. Estimates
one day to remove the floating islands. Costs are: crane at
$110/hour, dump truck at $75.00/hour. He suggest we give him
a maximum to do it and notes in Professional Services we have
$4000 and that he thought he could offer him $2000 to
complete.
Mr. Visco adds tell him how much money you are going to
spend and what you expect be done, then if he tells you he
can't do it for ,that. you can cut' back on the work to be done.
Mr. Perry says he went to the.site with Toscana and Jamie
Marks. Mi'ke Lamb said ca.n't ge~ h.is ~xcavator over the bridge
nor get down Massasoit Road because it is only 8' wide.
,
MOTION: To accept bid to complete the work with
$2000 maximum stipulation was made and secondeQ.
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Town of Nantucket
Conservation, Co~mission
(508t22~-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 1991 PagE 25
Commission agrees Mr. Perry sho~ld send a letter to t~E
Planning Board making clear ,what lots are_ not subject. Tl"'at
if, they. plan any work in the open space 'suchas clearing -f'o!"
agT:"icultural use they will come to the Cons~rvation District'-
etc~, if it is within 100' feet of ~he wetlands they will
have to come to us.
MOTION: To send a letter was made and seconded.
UNANIMOUS
6. OTHER BUSINESS
a. Taylor - Hulbert Ave. - SE48-626 (29-10) minor mo:
MOTION: "'To continue at th.e request of Arthur Reade.
UNANIMOUS
b~ Warren's Landing ~ bru~hcutting
Mr. Willet s~~tes it h~~ been agre~d some ~utting is
needed out then~. Is a 'question of picking someone to do it
and getting a few prices.
Mr. Perry s~ys he has talked wi~h 4 different people and
they all were around $45/hour. He assumes it will take 1 jay
to do the work. He talkec:fto Frank Powers, Nick Ferrante: la, .
Jamie Marks and Toscana. He would suggest Fnmk PO,wers v..--o
did it two years agO.
Mr. Visco asks when it is going to be done.
Mr. Perry responds he told him before the first of Ma~=h.
Commission asks what the acreage is.
Mr-. Perry responds there are 17 acres butha 1 f of i t::oes
not need to be C~~ and the other half is spotty and he ca~ be
selective. Adds that he went out to the site with the
contr.actor and showed him what had to be done and that hE had
8 hours and he agreed that was fine. So if it takes more Me
will sti 11 be paid for .8 hOUl""s.
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TownofJ Nantuoket
Cons.ervati on ,COmmission
(508) 2~1~
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 1991 Page 27
UNANIMOUS
d. FY 1992 Budget - approval
Mr. Wilson pr~sents a proposed budget request
presentation for review.
'Mr. Wi.l1et asks for comments.
Mr. Wilson says it seems they have come within the
reduction request of the Town.
Dr. Dunwiddie questions the postage reduction.
Mr. Perry explains the postage funding was carried over
from three years ago when a flyer was sent out and has just
been rolled over. He cut it back in this year's budget to
what we have been using only about $1000 of the $2000 amount.
Notes we send a lot of certified mail.
I
.1
Dr. Dunwiddie questions the travel and mileage amount
with regard to his occasional flights from the mainland.
Mr. ~erry points out the first column is what was spent
last year and what was requested seems adequate based on past
expense.
Mr. Wilson questions freight.
Mr. Perry explains when a case goes to court on occasion
the file must be sent to Town Counsel for review and it comes
out of this account.
Mr. Perry notes he has include~ our mission statement as
to why we exist and what we did. Continues that the
Commission exists either through the bylaw or State mandate
and that we exist for both. He adds that a staffing had been
requested which he had shown including the (report to in color
graphic and a graphic budget breakdown and notes that the
salaries are 6Y. less than last year. Also the funding we are
requesting this year is approximately what was requested in
FY1989 and we have 50Y. more filings.
Dr. Dunwiddie questions the increase in filings.
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Town of Nantucket
. .... t; ..
ConservatiQn Commission
(508)228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Mihf.jtesfo.r January 3, 1991 Page 28
Mr. Perry says in 1988 we had 102 total filings; in 1990
we had 155.
Dr. Dunwiddie notes that. when asked by the Finance
Committee for justification for the budget we are able to
point out that for 50% more work for the same amount of
dollars.
MOTION: To accept as drafted was made and seconded.
UNANIMOUS
e. Town Meeting article, '?
Mr. Perry pr~sents a proposal from the HDC to jointly
sponsor an art ic Ie to pur.chase,: and share a town veh ic Ie for
inspections.
Commission discusses. Comments it .was turned down the
last time. Agrees cannot jU$tify the expense to purchase
based on current mileage used and the Town's environment.
-
MOTION: To deny the proposal was made and seconded.
UNANIMOUS
Mr. Perry pre~ents an additional matter concerning the
Frost subdivision on Eel Point Road. Asks if it should be
scheduled for the next meeting. Says the Planning Board
would like some comments.
Al~o, he has learned that the State will be here next
~eek to pay a site visit for the Polpis Harbor dredging. The
bidders will be here Janu~ry 31 to look at the site. There
is discussion on .using Commission's beach at Quaise Point to
dump the sand they take out.
Mr. Visco states that the beach was the site for the
previous dredging in 1963.
7. CORRESPONDENCE
8. MINUTES: for December 13, 1990
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Town of Nantucket
Conservation Commission
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 3, 1991 Page 29
MOTION: To accept the minutes as drafted was made and
seconded.
UNANIMOUS
'9. BILLS TO BE PAID
10. FIELD INSPECTIONS - Monday, January 14, 1991, 3:30 pm
;-..;"'"
MOTION: To adjourn the meeting at 10:00 was made and
seconded.
UNANIMOUS
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