HomeMy WebLinkAbout1991-01-17
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Town ,Q"l,~a.J~lt~ck.~t
Conserv d.tii>n"'C'~rnrr1is$ion
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(508)228-1230
10 South Beach Street
Nantucltet., Massachusetts 02554
MEETING MINUTES FOR 3ANUARY 17. 1991
The meeting was called to order at 7=02 PM in the Cafeteria
of the Nantucket High School. Commiss'ioners present were Williarr.
Willet, ,Laura H'-:!ssey, DpnalCJ V_isco, Henr.y Wasiersk.i, Daniel
Kelliher, Peter Wilson. Also present were Bruce Perry,
Administrator, and Lucia Wyeth, secretary.
~ EXECUTIVE SESSION
a. ' Litigation
b. Land acquisition
c. Approval of Minutes for January 3, 1990
B. COMMENTS AND QUESTIONS FROt1 PRESS AND PUBLIC
Cheryl Creighton of the Land Council asks for Commission
input into the Harbor Planni,ng study. Says a number of
m.etings are planned to go over particular categories of
goals and to look into specific objectives. There will be a
publi~ meeting on March 19 and sh.will be sending out
letters ask i ng for comments' from different Tpwnb?ards." She
feels all sections might be' pertinent to the Commission.
Adds that meetings on specific categories will be held at
4:00 at the Steamship Authority; dates to be announced.
Mr. Perry says he has a concern with the number of piers
that could be built after th. moratorium.
Ms. Creighton responds that critical resource areas need
Commission input on piers' guidelines.
Mr. Visco says one goal should be more public access
including at Madaket, and upgradirig at Children's Beach.
Mr. Wasierski notes the report that has been prepared
doesn't address how the goals will be achieved nor by whom.
Ms. Creighton says this is a basic weakness in having a
cOnsultant prepare the report and it is why they need input.
Says the plan that was prepared for Buzzards Bay did include
detail.
C.PUBLICHEARINGS
1. Richards -'25 East Tristram Ave'. ..:. 'SE48-609 (31-1)
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, Town"9~'Na.ntllCk~t,
'Conserv~tn5n"'Cdrhmissibn ..
(508) 228-7230
10 South Beach Street
Nantucket., Massachusetts 02054
Meeting Minutes for January 17, 1991 Page 2
MOTION: To continue the hearing at the request of the
applicant is madeayic1 setio~ded.
UNANIMOUS
2. Johnson - 34 Easton Street - SE48-634 (42i.4-18)
Present for the applicant are Attorn~y Philbrick and John
Shugrue. Present for the abutters is Marianne Hanley of
Reade 8. Alger.
Mr.s. Philbrick says she has 're!Eipo,ns:ted to the ,issuE;' .o.f
additives in a marinehoJdihg t~nk r~is~d by the abutters in
a let,ter. She continues that she has discussed, the question
with the CZM and the EPA and also has information from DEP.
Accord i ng to .stud ies there are 2 concerns with forma 1 dehyde
products: (,1) discharge.i nto the ocean, <.2) d,i scharge into
a septic tank with leaching field which could potentially
_impactgrouhd,!"atet. Indicates' discharge into a public waste
systecm)5 not a problem and indeed is recommended-.
Mr. Visco asks Jeff Willett of the DPW if he sees any
problem hooking up such a system on Easton Street.
Mr. Willet says no as long as the necessary state hookup
permit is approved.
Mr. Visco asks if this needs to go through Chapter 91
process.
Mr. Shugrue responds that it does.
Discussion and agreement that ~ny problem in this regard
would be up to the Health Inspector.
Attbrney Philbrick says the question is not whether you
are pumping .out but what you are pumping out.
Mr. Willet asks for other comments.
AttQrney Philbrick continues that another question that
had been raised was the design of the f-Ioatand, how it would
effect water circulation. Says John Shugrue has drawn up two
potential designs. The first is designed to keep the float as
shallow as possible in the water and is 9" below the surface.
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Conserv>>atio~f . Commission
(50s)22&-'1~
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 17, 1991 Page 3
The second o~sign has a 2' wide gap in the middle and in
order- to maintain buoyancy must be oeeper>lJut that it is at
least 2' from the b.ottom.
Mr. Willet asks if this is also tr.ue at low tide.
Mr. Shugrue says yes. Shows the 2 proposed plans.
Mr. Wi llet asks how the float is attached to the pier.
Mr. Shugrue says it is attached on the pile with an H beam
on each side and with a standard hook and eye. States that
it rolls up and down with the tide, is fairly solid and ,won't
move more than an inch or two. Continues that Plan 2 use~
two 14' floats with a 2' gap between. It needs 23" of water
depth to give buoyancy to carry the bridge. The float is 32"
abo~e water and will match the gunwale and needs a 42' hand
rail on the bridge to comply with the state code. The total
width is 41" thick.
~om~ission asks if th~-state doesn.trequi~e a handrail on
the float as-well if it is 32" above the water.
Marianne Hanley c:omments the PFC floats are 24" and asks
how high the top float is. Notes the end will go down 16"
,for the weight.
Mr. Shugrue says the top one is 32" off the water.
Mr. Perry asks if there is 23" depth at low tide and'what
effect more people on the float will have.
Mr. Shugrue says there is enough water at low tide and
1000 lbs will drop one float at a time 2 to 2 1/2 i'Aches. He
adds that he does not believe it will cause waves the way it
is attached.
Marianne Hanley ~sks if each float is capable of
supporting 700 lbs. and questions why 7 are needed.
Mr. Shugrue responds that he has calculated each 5'
section to be able to hold 500 lbs and based on that this is
the number needed.
Commission asks what the float is to ~e made of.
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Tow;n , o-fNahtucket ,.
C01l.s'erviltion 'Commission
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for 3anuary 17, 1991 Page 4
, M~~ Shugrue ~ays a black plAstic material t~at does not
deter~orat.e in salt water.
Mr. Willet asks if there is any other information anyone
wants to see.
Mr. Perry asks for comments ona shorter float.
Commission agrees this has been previously discussed.
MOTION:, To close the hearing and draft an Order- of
Conditions was made and seconded.
UNANIMOUS
3. Shapiro - 57 Pocomo Road - SE48-638 (15-16)
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Mr., Perry states that the applicant has requestedtha t the
file be conti.nued to the 31st of 3anu~ry when .the applicant
will be present. Mr. Perry states that he spoke to both
Arthur Reade and Bob Emack about the field inspection and
suggested to them that the Commissioners on the inspection
felt that 75' from the bank would be an appropriate place to
put the house.
MOTION: To continue was made and seconded.
UNANIMOUS
4. Greenberg - 21 E. Tristram's Ave., SE48-557 (31-3)
Mr. Perry states he discussed this with Melissa Philbrick
who indicates that it may be pretty much taken care'of by the
vote not to modify the Order of Condi~ions to reflec~ anew
configuration for the house at the last meeting. He has
written a letter stating the results of the Commission vote
at the meetings of December 13 and January 3.
Ms. Philbrick says sh~ does not know at this time whether
the house ~ill simply be made smaller or will be reconfigured
and suggests that the hearing be kept open for the receipt of
the revi~ed pl.ns.
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Town ofNantuck~t
Conservatiorl' COnlmis~ion-
(508)228-1230..
10 South Beach Street
N antueket, Massachusetts 02554
Meeting Minut~s for January 17, 1991 Page 5
Mr. Perry states the hearing should 'be kept open to see
how close to the wetland the house is plannedaMd-if it isa
minor modification or not.
MOT ION: To cont i nue for more ,i nforn'la t'lon was made and
seconded.
UNANIMOUS
D. REGULAR MEETING
1. REQUEST FOR DETERMINATION
a. Murray - 17 Eat Fire Spring Rd - (20-58) brush cutting
Present for the applicant is an agent for the landscaper.
Mr. Willet reads the inspection ~eport.
!"r. Perry notes the abutter notification'receipts are not
a. v a i 1 ab Ie. -
MOTION: To continue for abutter notification"was made
and seconded.
UNANIMOUS
b. Holch - 11 Wauwinet Road - (20....43) - detached storage
shed
Mr. Perry states that he and Mr. Willet met with the Mr.
Lindquist at the property to !$!".lggfi;?st'" a location for the shed
up the h HI and away from the hou5e that won I t affect any of
the wetlands in the area. He states we now have a plan so
showing.
Commission notes that the spot is a parking lot now.
Mr.. Perry agrees and adds .they want to park th,e cars down
by the road near thedi tch and c::tlilvert.Asks Lf< :the
Commi5sion'wants him to add a statement that cars should not
be parked there.
MOTION: To issue a Negative Determination subject to
bu t will no t a I ter was lnad. and sec;:onded. '
':~recYcJed paper
Town ofN,anfucket,
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Conser~ati~ri'-"CbmmissioIi
(508) 228~7230
10 South Beach Street
Nantucket, Massachusetts 02~54
Meeting Minutes fo~ January 17,' 1991 Page 6
UNANIMOUS
2. ORDER OF CONDITIONS
a. Heydt - Brant Point Road ,- SE48-617 (29-153,156,161)
Mr. Visco abstains from the discussion and the vote.
Mr. Perry states he talked with Tom .King today and he will
not be in to comment; adds that Mr. ,Heydt wants what he
wanted or he wants nothing~
Commission comments that this could result in another
litigation.
Mr. Perry responds,' that. he.ha,s had the opportuni ty to
select ano~her location or scale down the house.
Commissio.n adds that it is afready in an area of wetland
that.has been filled and ,that there were 'a whole mess of
p.ro,blems.
Mr. Willet asks for a motion.
MOTION: To accept the ~rafted Order denying the
proje~t was made and seconded.
UNANIMOUS
PR03ECT" DEN IAL
Mr. Mason Heydt
DEP FILE NUMBER SE48 - 617
,ASSESSOR'S MAP 29, PARCEL 153, 156, 161
17 Brant Pain't Road
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( ~L. CHAPTER 131" SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
'FINDINGS
TownpfNantuck~t
Conserv~ti~ij]Ccimtrtisslon '
(508) 228-'123Q
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for January 17, 1991 Page 7
Hearing was closed on J@lnuary 3, 1991. Ba$ed on th~ field
'inspection Nbvembet'5, 1940',. the plansu;'an~;applicati'onform, and
te,st imony presented at th,ehear ings, the. Nantl.;lcket Conservation
Commission makes the follOwlngfindinQS:
1 ) The proposed boat house would be appro)(imat~ly q' feet from the
established wetland boundary to the south" the edge of a wet
meadow and approximately' 34' ..feet from'1::heestablished 'wetland
boundary to the east (labelled e;DGE OFLAWN/BRUSH), the edge of a
shrub swamp.
2) . The resource areas ar~ classified a.s Borderih9. Vegetated
Wetland under 310 CMR 10.55, whichstat~s. in part: . "Bordering
Vegetated Wetlands are likely to be significant to public or
private'water supply, to .9round water supply, to.flood control,
to storm damage prevention, to prevention of pollution and to the
protection of fisher iesand wi Idlife habi tat.. ..Bordering
'vegetated wetlands are probably the Commonwealth's most important
inland habitat for wi ldlife. The hydrologic regime,. plant'
community compos.ition and structure, soil composition and
st-ru'cture, topography,' and water chemistry of border-ing vegetated
wetlands provide important food, shelter, migratory and
overwintering areas, and breeding areas fOr many birds, mammals,
amphibians and reptiles. A wide variety of vegetated wetland
plants, the nature of which are determirled in large part by the
depth and duration of water, as well as solI and water
composition, are utilized by varied specie, as important areas
for mating, nesting, brood rea~ing, shelter and (directly and
indirectly) food. The diversity and interspersion of the
vegetative structure is also important in determining the natur~
of its Wildlife habitat. Different habitat characteristics are
used by different wildlife species during summer, winter and
mig-ratory seasons. II
,....
Town 'of' Nantucket
, 'Conseryation C8mmisston:;
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
MeetIng Minut'es for January 17, 1991 Page 8
therefore to' the pro tect ion of the' interests.' whJ ch these resource
areasserve_,.toprotect.... . When a -Vegetated Wetland or 'land within
100 feet ofaVeg,etated Wetland i$deter~ined to be significant
to an interest protected by the BY-law~ ~he follDwiryg regulations,
shall apply: (1.) Proposed proje,cts which are not wat~r dependent
shall maintain at least a ~5-footn'atural undis,turbed area
adjacent to Vegetated Wetlands. All structures which are not
water dependent shall be at lea,st 50 feet from a vegetated
wetland."
4> Waivers fromt,h,e25-f.oot ,and 50-f.oot rule may be granted
under Section 1.03(F> (l>,o:ftheloca.l Wetlands Protection
Regulations, which states in part: "The.Commission may, in its
discretion fOr goodcausesho~n, gfapt waivers from the operation
of one or, mO.re of these regulations pursuant to this section.
Such waivers. ar,eintended to be granted only in rare and unusual
cases,.and shal L be granted only i,o accor,dance wi th the
provisions of this section. " Theseprovis,ions are set forth in
t-he fol1ow_ing paragraphs, <1.03(FH2:)),~ ~ttichstate in part:
"a.'The Commission may grant a waiver from these regulations and
impose such additional or substituted requirements as it
deems necessary, upon a clear and convincing showing by the
applicaBt that: 1> there are no reasonable conditions or
alternatives that would allow the project to proceed in
compliance with the regulations and 2) the project, or its
natural and consequent~al effects, will not have any adverse
effects upon any of the Interests Protected by the By-law....
b. The Commission may grant a waiver from these regulations when
it is necessary to ,avoid so restricting the use of the
property as to constitute an unconstitutional. taking without
compensation....
c. The Commissi.on maygranta,waiver fr-om these regulations when
the Commission find. that a proJect will imprbve the natural
capacity of a resource area to ~rotect the interests
identified in th~ By-law...." -
5>, The applicant sUb.~itted his request [or a waiver in writin9
in a cover letter. receivec;l with the fil~rlg of the NOt. The",
Public Hec;tr lng was o.penec;f pnOctober 4,'~990c;tnd continued for, a
field inspection and additional informat~i:H' by the Commission.
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(508) ~-7230
10 South Beach street
Nantucket, Massacllusetts 02554
Meeting Minutes for January 17, 1991 Page 9
6) . Fo rrbtiFh9 discussions. on the project in the field and at the
public he(!ring on November' 8, the ~pplicant a:gree'dto move the
,proposed, boathouse to a different location. These' plans were
discussed<at the hearing on January 3 but this location is also
approximately 10 feet from the wetland to.thesouth.
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7}Aftf?r'~iewing the site at the field inspection the
Commissioners present felt that the existing 'house was within the
jurisdiction of the Commission and after further research of the
Commission's records was found to be built without Commission
approval. 'In addition,t~e topography of the lot showed that
there seemed to have filling of the wet meadow to create the
existing lawn on the east side of the house.
8) The assertion by the applicant that the proposed structure
was primar,ilya'boathousewas not borne out by the plans
submi tted and d i scusseddur i ng the Hear ings that showed a tall
structure with elevated decks, second story full bath, loft and a
widows walk.
...
9) The applicant, at ~he Januari 3, 19~t Hearing, 'was unwilling
to relocate or redesign the structure to reduce,its impacts on
the resource areas and requested that the Public Hearing be
closed .
10) The Nantucket Wetlands byla~ (Chapter 136 of the Code of the
Town of Nantucket), section 136-6, states: "Any person who
purchases, inherits or otherwise acquires real estate upon which
work has been done in violation of the provisions of this
chapter... shall forthwith comply with any such order or restore
such land to its condition prior to any such violation;" this'
section further states that "no action, civi l,orcri~inal shall
be brought against such person unless commenced within three (3)
years following the date of acquisition of the real estate by
such person..."
11) Research of the Building Department files showed that a
Certificate of Occupancy for the property~a.is*ued on April 29,
1986. Records of the Nantucket Land Bank showed that ,the property
was purchased by the applicant on June 18, 1987.
12) The Nantucket Wetlands Bylaw (Chapter 136 of the Code of the
Town of ,Nantucket), $ec~ion 136-8, states: The applicant shall
have the burden of proving by a p~eponderanc~6fthe credible
evidence th.t the work proposedi~ ~he appli~atf6n shall not harm
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"Conser" afion.: . COmmissIon,
, , ,
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meetfng'Minutes for January 17, 1991 Page 10
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the interests protected by this chapter. Failure to provide
adeqaate evidence to the Commission sup'porting a ,dE!termination
that the proposedwor:-kwiltDot har.'m the interests. protected by
this chapter shall be $ufficient cause for the Commission to deny
a permi tor grant a permit with conditions or , in the
Commissi.on's discretion, t'ocon~inuethehearingto another date
to enable the applicant or others to present additional evidence.
DISCUSSION
The Commiss,i,on determines'.the pro ject, .site, to be signi ficant to
the interest ofwildlLfe habitat under 310 CMR and. to the
interest of wildiif'e under ,local r.egulations., The" existing house
is alr.eadY within50fe~t to the wetland, and combined w.ith the
previously unreported wet meadow filling to create the lawn the
Commissio.n is of the mind that there is no need to further
disturb the birds, deer, and other animals that use this area.
The C(Jmmission ab;o fi nds the' proposed pro ject signi f.icant to
flood control and storm'damage protection under 310 CMR a'nd the
Nantucket Wetlands Bylaw.
A waiver from the 25- and 50- foot setbacks in the local
regulations (Section 3.02(B)(1)} cannot be granted for the
project because the applicant has not made a clear and c;:onvincing
showing that there are no reasonable conditions or alternatives
that would allow the project to proceed in compliance with the
regulations and that the project, or its natural and
consequential effects, willnathave any adverse effects upon any
of the interests protected by tha By-law. Furthermore, because
there isa e~istingstructure on the property already, a waiver-
is not needed to avoid an unconstitutional taking wit~out
compensation.' Furthermore, a waiver cannot be granted on the
grounds that the proposed project would improve the natural
capacity of the wetland to protect the interests identified in
the By-law; the Commission does not deem the project to be su~h
an improvement. Furthermore, a waiver cannot be gr~nted because
this case is not rare and unusual (Section 1.03(F)(1) of the
local Wetland Protection Regulations}.
The applicant did not prove by a preponderance ,of the credible
evidence ,that proposed wqrk ~ol.lld no~harmthe interests
protected byth,e Bylaw -- publ i,c or pr,ivatewater ~upply,
groundwater, flood control, erqsioncontrol, storm damage
preyention, water pollution, fisheries, shellfish, wildlife,
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C:onservatfbn C~Ilifuission
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(50S) 228-.,230
10 South Beach Street
Nantucket. Massachusetts 02554
Meeting Minutes for January 17~ 1991 Page 11
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recreation, andwetlands(:enic viewS. (Chap~~;" 136,of the Code of
the Town ofNantucket',Secticn 1'36-8.)
CONCLUSIONS
For the reasons set forth above, the COmmi$5-,i.pnh,erebY denies the
Notice of Intent filed under the Massachuset;:t;.s Wetlands
Protection Act and the Nantucket Wetlands Byl.a.~' The proposed
work is thus prohibited under the Act(appea:r~hle to the
Depar-tment of EnvironmentalPr-otection) andbMder the By-law
(appealable to the Trial Court of the Commonweal thof
Massachusetts, Superi~r p~Vision). This d~nialis without
prejudice; the Commission has not considered and'do$s not address
at this time other activi~j~s and proposal~ of the applicant in
~espectto the 9ubject paB~~1 which involve different str~ctures
or locations but are not ipcluded in this application. The
applicant is free to file .~. new applicati~n.
This denial super/sedes any'wording on Form 5 (attached) which
implies that some_work wilT be, permitted 'under this Order.
This denial shall apply to any successor in interest or successor
in control of the property.
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b. Lamb - 105 Wauwinet Road - SE48-633 (12-40.1)
Present for the applicant is Mr. Shugrue.
Mr. Shugrue notes the attorhey has, requested some changes
to the drafted order.
Item #6: add the word "reasonably" between data and
deemed.
Mr. Perry notes number 6 is a standard condition and that
questions may arise in the future on what is reasonable.
Mr.' Wi llet sugge~ts after discussionsuggesting
unreasonable vs.reasonable that it be left alone.
Item #13
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Town. .9t'.tJ~t1;ttJq~~~
, Conserv at'ion' "CoIrtinis~idrt
(508) 228:'1;230
10 South Beach Street
Nantucket., Massachu.,etts 02554
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Meeting Minutes for January 17~ ~9ql Pag~~2
Mr. ,Shugure suggests after "'including decks," add "but
excluding water' distribution systems" because,t-he water
dIstribution system is going right up through a wetland
resource - the barrier beach.
Mr. Perry says, wh.en he drafted I t he was aware of two'
"separateissues, one being structure and the other pipes.
Mr. Visco suggests he make the distinction between
structur'eand components,of the distribution system.
Mr. Shugrue says if you just' put "but excluding the
distribution system," I'll be happy.
Commission agrees this includes the pipes and the well and
the change should be made.
Item #17: asks the height be changed to 13'.
COmmilSsionagrees 11', -is ineFror and the-change be -made.
Item #19: change water two to "two water."
Commission agrees to change.
Item #23: states it does not belong there.
Mr. Perry comments the only structure is the pumphouse;
agrees to delete #23.
Ite~ #21: questions second sentence., Wants to.delet~ the'
"new" in "nonew dwellings and/or structures not existing on
the date of this Order shall be allowed to use the system."
Commission notes that if an existing house wants to tie in
at a future date it could be all~wedbut if they don't exist
on the date of this order they ~an never tie in.
Commission agrees to the change.
Mr. Shugrue concludes the. other item he and Mr. Perry are
discussing is that at the end of the last meeting he thought,
the Commission agreed he would be able to run service lines
up, the existing driveways to the existing houses and notes
that doesn't exist in the order at all.
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Town qJ<,Nanlucket
'ConservaHo.n Commission'
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( 508)228~7g30
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10 South a_K.;et
N antucketi. Mas~htisetts 02554
Meeting Minutes for January 17, 1991 Page 13
. Peery says in readin{Joverthe notes,he couldn't see
which way the commission went on that.
~~ ....,.
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Q9mmi::.,sioT"l is in agreement that the order shouldincllJde
the'~tateme!nt that e><isting services can be replaced up
,e><.j,~lJ:ng.dr ive~ays.
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Mi~t. Perr'y agrees to add as Item #23.
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MOTION: To accept the Order as Amended was made and
, seco'rid ed .
UNANIMOUS
.;
ADDITIONAL SPECIAL CONDITIONS'
3ane Lamb
D€fJ FILE Nut1BER SE4a -'633
ASSESSOR'S MAP 1~, PARCEL 40.1
100 Wauwinet Road
UNDER TH~. ':"!A,fiSt\f;:AUSETTSWETLANDS PROTECTION ACT
('MGL'CHAPTER"131, SECTION 40 )
AND THE WETLANnS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTE'R 136 )
3. Pursuant to General Condition Number ~, 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 ~iltationfence 0'- a
line of haybales shall be staked alo~g the line as shown on
the approved plans~ or ata higher elevation. After the
feAce or haybales are installed, notice shall be given to the
Nantucket Conservation Commission. No work shall begin on
the site for 48 hour$ after said notice is gi'ven, so as to
allow Commission members time to inspect all sil tat ion
devices. The siltation fence or haybale, line, erected to
prevent siltation of the wetland during construction, will
al'~() serve as a limit of activit'yforwork crews. It shall
remain in good repair duri~g all phas~sof 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.
@. recycled paper
(508) 228~7230
10 South Beach Street
Nantucket, Massachusetts 02554
',I~.
-'_.:.';:"';;i~~~:t,:~...., .
Minutes for Ji,mi..t<iiIy: 17,.1991
. ..,. - ';;~~t'."_ -
Page 14
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5. An as-builtplaI1"sigr,ed and stamped ,by a,;registered
. professional engIneer or land surveyor ih~the Commonwealth of
Massachusetts, shall be submitted to the~ommission at the
same time as a written r:-equestfor a Certtficate",of
Compliance and shall specify hoW, if at~'ll, the completed
plan differs from the fin~lapproved plari~ The as-built plan
shall include, but not, be limitedto,'the:rfollowing: any
pipe/culvert inverts for inflow and outfa:fls; pipe slope,
size. and compos:itioD.; ,location of other, dr.ainage structures
and their composition; limits of fill oralterat'ion; location
of aU strl.,lctures and, pavement within 100 fee.t, 'Of wetland;
the edge of the wetland;, the grade contours within 100 feet
of.. the wet 1 and.
, 6. Members,emp I oyees ,and age;opts of the Commission' sha 11 have
the right to entel-.andil1spect the" premise'S to. evaluate
compliance with the conditions and performance standards
sta.ted in this Order ,the- Nantucket Wetlands Bylaw, the
Regu 1 a t ions promulgated under- the Byl aw--,the,Massachuset ts
Wetlands Protection Act, and pertinent Massachusetts
regulations (310 CMR 10.00 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 outfalls, assuring the lasting integrity of vegetative
cover on the site and monitoring site activities so as to
prevent erosion, siltation, sedimentation, chemical
contamination or o'ther 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 incll,1ded in all construction contracts
and subcontracts dealing with tl;le work proposed and shall
supersede other contract require~ents.
.'
9. Used petroleum products from t,he maintenance of construction
equipment, construction debris, and unused paint and paint-
related proouctsshall be collected and ,disposed of
l-esponsibly off the si.te. No on-site, disposal of these items
is allowed.
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10 South Beach Street'
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10. Du;st control, ifrequi reQ ,i~R~f,T be 1 im:i ted to water. No
salts or 0 ther wet t i ng ageAtS:'shall be used.
11. Any refuse matel-ial'found on.J~he site sha.l-l be di:sposed of at
an approved landfill and in n:9case may these materials be
buri ed or disposed of in or. t1~ar a wet 1 and.
"'"'-:-.',(;''' ','.
12. This Order of Conditions sha1J'::~ap~lyto any successor in
inteJ-est or successol- in CO}J~1fOl of the property.
;...-~::.~,.
13. In all cases, no part of any,,:1l~ructure, including decks, may
be closer than seven <7) fee1:Jfrom the wetland boundary but
excluding components of the oJ',,$tributionsy.stem.
, ~_".~:, ",:1) -1" ".
14. Natural vegetation betweed).h'e wetland edge and the siltaJi~""
fence line shall be l~ft int~~~.
15. To minimize adverse effects oT;wildlife, the use of any
pe$ticide or fertilizer iSPr:p'~ib.ited.
16. In grading around the pumphous~, the toe of slope shall be nc
closer that the base of the siltation fence. The siltation
fence shall not be used as a ~etaining wall.
17.
The building dimensions shall correspond
the plans submitted ~o the Commission on
meeting. Width - 14' 4" Length - 20' 4"
fini$hed grade to the ridge.
to the dimensions of
the January 3, 1991
Height - 13' from
18. The width of the disturbed area s~all be limited to forty
(40') feet as shown in the approved plans. The distance off
Wauwinet Road of the disturbance shall be no more than
thirty-six (36') feet. '
19. The tl-ench dug for the i n,st~ l!ca t ion of the two water pipes
shall be limited to one foo~ in width as described in the
NO!.
20. Any areas disturbed by the construction by either the
pumphouse or the pipe inst9Jlation shall be replanted with
native species.
21. Admission for service to the proposed water supply in this
NOr shall be limited to existing dwellings. No dwellings
and/or structw-es not existing on the date of this Order, if
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'C6nser~'ation' , Commission: ",
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(508) 228-7230 ~,~~ifJ.
10 South Bea:ch Street
N antuCkei;:Massachusetts 02554
.-~:~
Meeting Minutesfol~ January 17.,.1991
permitted in the futu,~e, shall be allowed to use the system.
'This Condition is on-going .and shcHl.not expire at the
('~suanceof a Ce,-tiflcate of Compl i'ance.
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22>..:,}'tz_~ water resul ti ng from the pump test as requ ired by the
':';;;~'ft:'a.IBoardof He-:,lth regulatior:'s will ~e'placed in a tank
an,d removed off s 1 te to a locat 10n outslde of the
;:':::.eb'~nrissionls' h;r lsd iction.
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2:3.:J'M_repl~cement of existing 'water service is aLlowed under
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'U~~R-'THE 'NANTUCKET WETLANDS BYLAW ONLY:
~..t
rh:~ Commission hereby grants the appl icant a waiver of the
We,t).ands Protection Regulations of ,the Town 'of' Nantucl(et. The
wai~e~ is, toSection3.02C!3) (1) t.-/hich requires projects that are
no"twa.ter dependent to maintain .at least a 25 foot undisturb,ed
'area adjacent to a Vegetated Wetland. The same se-cti'on requires
all structur~s which are non-wat~r d.pendent to be at least 50
feet from a Vegetated W~tland: The waiver applie~ to the buildin~
enVelope, well locations, and driveways as conditioned. However,
there has been a clear and convincing showing by the applicant
th~t there are no reasonable alternatives that would allow the
project to proceed in compliance wi~h the regulations and that
the project, as conditioned above, will have no adverse effect
upon any of the interests protected by the By-law. Therefore
these waivers are granted under the authority of Se~tions
1.03(F)(I) and 1.Q3(F)(2)(a) and Cd) of the Wetlands Protection
Re~ulations.
###
".-:;
4. CERTIFICATE OF COMPLIANCE
a. Gifford - Shimmo Road - SE48-526 (43-180)
. ,~~ ~~
Mr. Perry states thehouseconstructi~n was a good job in
a small area, the ridge height is less ~han maximum
,; r:eQuested, and the as-bui I t is signed and stamped.
Mr. Wi.llet asks for motion to issue the Certificate.
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N antucket.,Massachusetts 02554
Commission
wetlands.
inutes for January 17.1991 Page 1~
drive~-:.ray ,isstatrilized -along the
Mr. Perry states it,is, as well as a dirt drive can be.
MOTION: Toi$'slJEf Certificate with ongoing conditions
was made and secopded~ };
."\
UNANIMOUS
b. Spoor,- 101 Baxt;~t+'~Road - SE48....527 (48-17)
,
Mr. Perry states he1')went out to inspec t and it is fine.
They have filled in.th~:-oJdfoundation and' put 'a post and
, ra ii, fence 15' from.''&'hebankwh ichi.s very steep.
MOTION: Toissije Certificate was made and seconded.
1\"" .
UNANIMOUS
~ '
5. OTHER BUSINESS
a. Monomoy - 60 MonomoyRd - SE't8-465 - (43-111) plantings
Present for the applicant is Attorney Philbrick.
Mr. Perry states that about 2 weeks ago he received a call
from the person who was working on this property regarding
the retaining wall near the addition. He ~dds that the final
plans show a. small repl ication area which he went out to
inspect. Says that it has not been done well; there was barE
dirt and only a couple ofshrubs~
Commission asks for photos.
Mr. Perry responds he has none as the camera is broken.
Continues that the applicant has written a nar,rative on how
the replication is gOing and they have asked the Commission
to suggest what grass should be planted from a list of
Pos$ibilities.Add$7jthat currently there is only about 15
shr-ubs and thearea"meeds about 75% cover of wet 1 and spec i es
to meet state regulations.
Attor-ney Philbrick restates that 'they want a
recommendation from the Commission regarding ground cover.
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10 South Beach Street
. Nantucket., Massachusetts 02554
(508f228:-7280
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l'1J:i;e t i ng
17~ 1?91 Page18
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Says the first planting was grazed and browsed to the ground.
That this time they wili put up a wire fence around the
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to request a
Mr. Willet asks if there is any
mino~ modificati~n at this time?
'-.',
Mrs. Philbric'l< responds not
appliant will be,'in to request
footprint.
at;.' t"B"1;:';''f+me but t hat the
a, mod i f';i~C:a t ion of the bu i 1 d i"g
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MOTION: To allow Ciny of the.. s~f.~1;~d,pl~n.1:..sp.ecJes as
listed in the letter was mad.e .ar\:J;J"'c;:;~d06l)d~d,. , : , ,."
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UNANIMOUS ..~
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Easton Street - SE4f3~?~'8 - minor mod.
Present for the applicant is Mr. Shd~rue.
Mr. Shugrue says they want to us~ plastic instead of
concrete for the bulkhead.
Mr. Visco asks for user experieD~e with the product.
I
Mr. Shugrue responds that it has been used in New York in
place 'of 12" piles and is holding. Florida also is using it.
Mr. Visco asks what color it is.
'k
Mr. Shugrue responds this one is.'bl'ack; he'hopes it will
remain so.
,.,~. ,,((.
MOTION: To accept the c:hangeas a minor modification
was made and seconded.
1" ':'.--....
UNANIMOUS
c~ Town of Nantucket
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S i asconseJ;;.;.~wer
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minor mod.
Present for the Town is Jeff Willett.
Mr.>Willett summarizes the si,tuatioh.States, the
Seiectmen have ~6ar{donedcompletirig",-~tref-a-cili,ty in 'Sconset.
;, The new plan ,sho~JS mOdificationsto,t,he shape and size of, the
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G,onser~~dr<)fi,Coinmission
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(508) 22I-123Q
10 South BeaehStreet
Nantucket, Massachusetts 02554
Meeting Minutes for January 17, 1991 Page 19
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existing pfa.ninc)'.uding lower f;?levations a.nd.pC)ritions of the
road that are "c:haA~ed".;' I tr,educes the sizeof,the area being
impacted and ~s now almost the s'ize of the old beds. Notes
that planting will be done to match the existing groundcover
and some regrading ~i~l be done.
M~. Perry asks where the dirt from regrading-ihe hill will
be put.
,Mr ..Wi! let'tu;answer's much of it will bep laced a,n the ocean
side to make a berm for fence. They will bringt,l:lefill down
8-12' and replant witHbeachgra,?s.
. -:,..: .-- -" .. ".;". '.',
,Mr .Wi 1 ket asks for a,dd,i t-ional quest ipns.
Mr. Perry asks howifar away the fence wi 11 'be 'set on the
ocean side.
Mr. Willett says it will go at the toe of.tb~~~l~pe.
,.-'
MOTION: to accept as a minor modificatio~was made
and seconded.
UNANIMOUS
d. Polpis Harbor dredging - spoils 10c.ation.- discussion
Mr. Perry says he was at a meeting with a couple of people
from the state andth.ey 'want a recommendation on a place to
put the soil.
Mr. Visco asks t10W ~ide they m.ade the cha,nnel the last
time it was dredged.
Commi,.ssion r~sp.onds i t wa~n I t very wide.'
Mr. Perry states it is to be 60' this time.
Mr. Perry shows the existing channel and tti~ proposed
dredging. ShowSeWnere they propose to put ~h~;>soil which is
on Commission owned land. Also points out an alternate site
by the harbor access off Wauwinet Road.
Mr. Wilson as~~ if that is the launching sit'e.
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Page 20
-.'
Mr. Viscono~es this is where scallopers and boaters
launc~) and in order to continue vehicle access some hardening
would be necess'a.ry if sanct were to be put there. Adds that
an alternativ~::~O:uld be to contact the people who lived in
the area, ashe kneli'J of many L-",ho were looking for beach
nour i shment. " '.' ", . '
,";":}h~,~,, '
Mr. Perry cq,m~ents that the state would prefer that first
the public bene~tit; that subsequently they might consider
pr i va te p;umA-=i~g"\~,h i ch t,hey were a 1 itt Ie morE' s~ept'i.cal
about. ""--
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Mr. WjlSbO'\.a:i>l/s'how 10ngU; would be before this L-",.as
car r' i er.l au t .
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MI-. Vi $cc);:s.u'gge.sts a' I ac:a::tiori fur ther down Nantucket
Harbor in ,the (44aise area.
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Commission notes they all have bulkheads and groins there.
Mr. Willet says the last time it was all put on the point;
that was in 1962.
Mr. Perry.ays that when they start pumping the sand it
will be BOY-water.
Mr. Wilson says that the proposed width of 60' is
considerably wider than it is now. Asks how far in they
intend to come.
.>,-.
'.....
.'
, ,
"Commiss.ion. asks why they need 60 feet , how much can'l?luais~
take of this .?and and will beach grass be planted?
Mr. Perrypotes this is just preliminary, that we are not
approving the NOI.
Mr. Visco "says the dredging is long overdue and the last
time the b.eaoo grass jLlSt planted itself. . Continues they are
ILlcky theyst.:ill have the fwnd; that at the end of fiscal '93
it is gone.
Mr. Perry.nptes they are coming down on Ja~uary 31 for a
pre-b i dders con'ference for the eng i neer i nq; olice that is done
the fund iiig;I;~ pretty much tied up.
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COD:servatton Cofufutssi'on
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10 South Beach Streer;';,:-:;f~~~'1f';:~'::':
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Mr .w"d~repeats the quest ion of why they need to dredge
60' and4~ffitJ.eh'of the sand Quaise can take.
.,Meeting Minutes for January 17, 1991 Page 21
Mr. Willet agrees these are crucial points.
Mr. Pef'r"y -adds that another point is that beac.h grass wi 11
have to be replanted because they are altering the beach.
i~:~''',:
1'1r. VisC!o festates the property owners,$l1ould be contacted
to see,fft;:~ey.~waht their beaches renour isheq..
Mr. W:i.,l~ari;;.$u~gests the Commission make, a trip out to the
site to:-E,iV'~Tua~,the existing conditions.
Mr. Wi l)et' asks if the approa.ch road is."sta.b i I ized now.
Mr. Pe-r"ry says he thinks the only way to get there is by
boat or p~rhapsthrough Jay's property. Nb,tes they will be
coming in with a Notice.
e. Airport Commission - SE48-349- Airport pipeline FEIR
Mr. Perry says the Commission has received the MEPA Final
Environmental Impact Report for Nantucket Airport's Temporary
Aviation Fuel Transfer System. Notes the bulk of it is
copies of documents and letters createc:l,ove-r the past few
years. Comments that the color photo of~he dye study
showing the dye heading back towards town,doesn't mention
Commission comments that any fuel spill will remain on top of
the water and the dye path is not relevant.
f.Long, Pqnd,catt ail removal discuss iQn
Mr.'Perry says he talked with 8ilIHold.9ate? who agreed to
do some work for the $2000 the CommissJo~ c1lgreedtospend.
Asks the Commission for comments relative to a conversation
he, had with Lenore White at DEP. She feels tha,t be?cause it
is ne~ vegetation it is not considered maintenance; that the
cattails are.new and we therefore hadn't been maintaining
them. S~ys he..csked her how YOl.j cou ld, mainta i n the,m before
they grew; they would have to be new befor~ they could be,
maintained. Asks for an official vote to go ahead with the
project.,
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(508) 228-7230
10 South Beach Street
Nantucket., Massachusetts 02554
'~"'."",:,J.'''>
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Meet i rl9:t,t'i'~u,~'~~' ,:'for Jarluai-y, 17,
....,:c..."'7"-:;,.'"~... _~..... -kJ~'-;":":;-'
1991
Pag~:
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Mr. Willet asks for ,.a mo_tion tp pl-oceed with the cattai 1
remova I.
f!
MOTION: To remov~,~alt~rl~ was~made and seconded.
"iO'~UNA1\I tMOUS '
, ,
Commission asks 'ifth-~,';inaEhi,n~es will' be running up and
down the banks.
".:
,Mr. 'Perryra~ponds 'he is go-Jng, to' try to have them reach
in, and .get ,the mats in,th.e middle, ',m~ar, the Land aank,
property
g. February meeting Commissioners' attendance
Mr . Perry asks for a head'(:ount in ord~r to 'determin~:Jf
ther,e wi 11 be enough commissioners for a quorum. Decision to
be mCide at a later date.' , "
6. CORRESPONDENCE
7. MINUTES: for January 3, 1991
MOTION: To accept the minutes was made and seconded.
UNANIMOUS
8. BILLS TO BE PAID
9., FlELD, INSPECTIONS, -:' " Monday,J'anuary ~8, 1991, 3:30pm
At 8:40 pm Mr. Willet asks for a motion to adjourn th,.e
meeting.
;,....-
MOTION: To ad,journ was made and ,seconded.
UNANIMOUS
"J~1"''':'
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