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HomeMy WebLinkAbout1991-02-14 . Town ~~..Nqn.tl.1~t Conservation COmmission (508)228-1230 10 South Beach Street N antueket, Massachusetts 02554 MEETING MINUTES FOR FEBRUARY 14. 1991 The meeting was called to order at 7:01 pm in the Large Group Instruction Room of the Nantucket High School. Commissj.pners present were William Willet, Laura Hussey, Henry,Wasierski'and Dan.Kelliher. Also present were Bruce Perry, Administrator, and Lucia Wyeth, Secretary. ~ COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC 1. PolpisBike Path discussion - Continued to March 7 ~ PUBLIC HEARINGS * 1. Rowley - 28 Tennessee Avenue - (60.1.2-31> Present for theappJicant is Mr. David Wiley. Mr. Willet reads the inspection report. The proposed addition. is closer to the wetland than the existinq!b.pathol1se. Applicant needs to request a waiver from the local coastal bank and salt marsh regulations. Mr. Perry notes there is currently an old boathouse with a concrete pad and ramp. The applicant wants to put on an addition. Mr. Willet asks what did we allow next door; Then adds that we allowed a very minor waiver for the deck posts and that only after a lot of discussion. Mr. Perry says an overhang of 2' was allowed for the deck next door. Mr. Willet tells the applicant that the commission urges everything be kept back from an established line of 50 feet. Mr. Perry notes there is room on the lot to put the addition without going closer to the water. Mr. Wiley agrees to'strongly urge his client to- try and find a way to stay behind the fro~t line of the existing boathouse. Mr. Perry says he would like to see the location of the septic system because they do seem to be adding bedrooms. :~ recycled paper INuI. ).M/lt1W I . Town of Naritucket "'" ,', ' . : < Conservalion Commission (508) 228-7230 10 South Beach Street N antueket, Massachusetts 02564 Meeting Minutes for February 1'4, 1991 Page 2 .Commission asks Mr. Wiley if the septic system will be adequate for this' addition. Mr. Wiley says yes, it is total}y up to'date to Title V and the house is sized and"'p~rmit~~~'f"or 2 bedrooms. They are basically adding 2 bedroomsT"Thero'oo; on the wart that was added as a bedroom 10 years aqo has no Windows and is technically not,a bedroom. MOTION: To continue for additional information and a DEP file number was made and seconded. UNANIMOUS 2. Richards - 25 East Tristram Ave. - SE48-609 (31,1) Present for the applicant is John Shugrue who requests this be continued. MOTION: To continue at the request of the applicant is made and seconded. UNANIMOUS 3. Greenberg - 21 E. Tristram's Ave. - SE48-557 (31-3) Present for the applicant is John Shugrue who requests this be continued. MOTION: To continue at the request of the applicant is made and seconded. UNANIMOUS 4. Poor - Quidnet - SE48-635 (20-49, 50.2, 50.3;21-58, 119 Mr. 'Perry states that Dr. Lisa Standley has sent a letter dated February 13, 1991, asking this be continlJed to April 4 meeting. MOTION: To continue to April 4 as a result of the revised meeting schedule. 5. Poor - Quidnet - SE48-637 (21-122, 118.1, 119.1, 119.2 ~~,ti' .... '';;"''',, I Y::JY ~tiItW... Town of./"Nantucket ,'~"'H5:;,:'ry,.': -; """'_':., ":--'_,.,:."-:}; ',' 'L:--_,~',' Conservation 'q9mm~ssiQn , '-', -.'., "', ,~._" (508) '.7230 ';.' 10 South Beach Street N antueket, Massachusetts 02554 Meeting Minutes for February 14, 1991 Page 3 Mr. Perry states that Dr. Lisa ,Standley has sent a letter dated February 13, 199t, asking this be continued to April 4 meeting. MOTION: To continue to April 4 as a result of the revised meeting schedule. UNANIMOUS C. REGULAR MEETING 1. REQUEST FOR DETERMINATION * a. Ral1ch - 82 Baxter Road - (49-38) Present for the applicant is NOl""man Chaleki. Mr. Willet reads the inspection report which contains a recommendation for a positive determination. Mr. Perry explains the footprint plan is only 30' from a di tch and an area containing wetland vege,tation. As a resul t the applicant needs to submit a Notice which should either show a new desit;Jn or requ~st a waiver. Mr. Chaleki says he will talk with his client and either submit 'a notice requesting a waiver or provide a redesign. MOTION: To issue a posi~ive determination was made and seconded. UNANIMOUS * b. Church - 137 Polpis Road - (44-7.1> Mr. Willet abstains from the discussion and the vote but will sign the determination out of necessity. Present for the applicant is Attol-ney Melissa Philbrick. Mr. Perry says he did not inspect the proper:ty at;Jain as he had recently~oneso 'Or a previous determinatiOnfo~ th~ s~~e project. He also points out this is a local determination only as the wetland is not big enol1ghto be under the State Act. @ recycled paper T... own......,....,.'........'....o.,.... .....,.f................,....N,.. .......~. ntu.......,.O.1...Ci. '........,.e.......'..t ConserV:~tlbIl: 'Comrnissi'On (508) 228-7230 10 South Beach Street N antueket, Massachusetts 02564 Meeting Minutes for February 14, 1991 Page 4 Attorney Philbrick confirms that the footprint is the same as when the commissio-n pr,eviously inspected. The proposed addition is 82' away from the local wetland; the existing structure is SQ' from the wetland. Mr~ Perry notes he received a call from an abutter who was concerned about the heiqht of ~he house as it would eliminate her view of the harbor. He adds this is not within commission jurisdiction as it does not concern a view from a public way. Commission questions the septic system. Attorney Philbrick says it has been designed for four bedrooms. and that is what the house will includes and therefore no chang~ is'nec~ssary. Mr ~ ..Wasierski asks. if a garage Mfas not previousl y discussed. _Attorney Phi Ibrickanswers a. garage is (:;:urrently planned but it is located outside.-the Comm,ission's jurisdiction. Mr. Wasierski notes the footprint is 2' further back from the wetland that the existing house. Mr. Perry notes a concern relative to the steep incline and says this has been discussed at the field inspection and that the gutters downspouts are going, to be added to keep the runoff from going down hill. MOTION: To issue a negative determination that the proposed work is subject to jurisdiction but wi 11 not alter the wetland was made and seconded. UNANIMOUS * c. Kil~y - 28 Nanant~m Avenue - (87-21 eastern 1/2) Mr. Perry reads the inspection report and recommends a negative determination as there are no wetlands on the lot. MOTION: To issue a negative determination was made and seconded. UNANIMOUS @ recycled paper ~:4..:.::;.l#"'~~~,s:~/>:::,.,' Y'~,~:r/*~.~~i,~' Town of NQlltuc1.c~t " ,','" "'.'. .- ,.' Cbilservatf6tl^ 'Commission (508),.7230 10 South Beach Street N antueket, Massachusetts 02554 Meeting Minutes for February 14, 1991 Page 5 * d. Weinman - 8 Walbang Avenue - (82-146) Present was the applicant, Rhoda Weinman. Mr. Willet reads the inspection report. Mr. Perry says the proposed work is to be limited to the westerly side and although the lot maybe within the buffer zone of a ditch, the proposed work should pose no problem and recommends a negative determination. MOTION: To issue a negative determination subject to but will not alter was made and seconded. UNANIMOUS * e. Canopache Nominee Trust - 144-3.1) Mr. Perry states Mr. Reade and Mr,. Blackwell have requected this be continued. MOTION: To continue at the request of the applicant is made and seconded. UNANIMOUS 2. ORDER OF CONDITIONS a. Doucette -18 Grove Lane - SE48-601- (41-441) Present for the applicant is Attorney Rhoda Weinman and Norman Chaleki is present representing an abutter. Mr. Perry states he has distributed coples of the draft order he wrot. back in Octciber. Notes two things he wants to add: #26 Add at end IIshall-be'submi.tted prior to commencement of work~" #25 Need to choose.amol1nt of performance bond. Mr. Willet asks what did we ask for Nightingale. @ recycled paper Town. . ..of :-NqIlttioket . . '. <'}~1!i:L'i' ;':}' '. >. ,: ('; . Conservation' ',Commission . <~ (508) ~'7230 10 South Beach Street Nantueket,'Massachusetts 02564 Meeting Minutes for February 14, 1991 Page 6 Mr. Perry ,says $15,000. Notes f:ihe replication areas are going to be expensiv.to do. Mr. Willet asks if anyone disagrees with $15,000. As there is no objection, Mr. Willet states the bond will be $15,000. Mrs. Weinman asks if the building foo_tprint remains 600 sq. ft.? Mr. Willet responds yes. MorrON: To accept the order as drafted with the discussed changes is made and seconded. UNANIMOUS ADDITIONAL. SPECIAL CONDITIONS Sharon Doucette DEP FILE NUMBER SE48 - 601 ASSESSOR'S MAP 41, PARCEL 441 18 Grove Lane UNDER THE HASSACHUSETTSWETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) AND THE WETLANDS BYLAW OF ~HE TOWN OF NANTUCKET ( CHAPTER 136 ) 3. The permitted building envelope, contrary to the final plans submitted by the applicant, is to have a .footprint of six hundred square feet and this envelope is to include all structures, outbuildings decks" ov~~hangs, stairs, cantilevers, etc. 4. The permitted building envelope, contrary to the final plaAs 'sub/Jlitted by the 'applicant, is to have a front yard setback of fifteen feet. While this will require a variance frOm the Zoning Board of Appeal, the Commission isof the opinion that there is ample precedent for this requirement. 5. To further reduce the impacts on the wetlands, the final building plan will be placed as close to this fifteen foot setba.ckas possible without requiring additional waivers or variances. A copy of this plan shall be submitted to the Commission for approval prior to the commencement of work @ recycled paper ,-' ";~;:~~~~_'i:~tl""" '__ '''':~;,v~.~J,~:~) Town .ofNanwcket ConserV'atibIl..'Co'mmission (, -.k';' " :';,1 ',' - -', . - "'-'- (508) ~~., 10 South Beacb Street N antueket,Massaehusetts 02564 Meeting Minutes for February 14, 1991 Page 7 6. The setbacks of..thebuilding envelope, to the C,onc:rete retaining w.all l/IIill J"emain the same as in_ the final plan submitted to the Commission - "Site Plan", revised: 10/15/90, received = 10/17/90. 7. Prior to any fl1rther activity on the site a site plan shall be submitted to the ,Commission and be deemed acceptable showing the following, but not limited to, requested information: a.) The changes required by Special Cohditions # 3, 4, 5, and 6. b.) Two replication areas as shown on the plan titled "Site Plan" with the revision date of 9/27/90 to allow greater flood compensatory area and received by the Commission on 9/28/90. c.) The access route for construction vehicles working on the replication areas. d.) The foundation and retaining wall design similar to the design shown on plans titled: "Site Plan", revised 9/27/90 and received 9/28/90 but revised to' the requirements ~f Condition~# 3, 4, and 6. 8. After Commission approval of a final plan and prior to any further acti~ityat the site, a siltation fence or a line of haybales shall be stal<ed along the upland edge of the establis~ed wetlands boundary, or at a higher 'elevation. After the fence or haybales are 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 members time to inspect all siltation devices. The siltation fence or haybale line, erected topreventsil_tation (_ for banI<: erosion, filling, etc. ) 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 COlJ'missic:ln. 9. An as-builtplan~ signed arid stamped bya registered professional engineer or. land surveyor in the Commonwealth of @ recycled paper TowndfNmtucket ConSeryaUbn', ..'...Commissi6n (508) 228-7230 10 South Beach Street N antueket, Massachusetts 02554 Meeting Minutes for February 14, 1991 Page 8 Massachu5etts, shall besutHJli tted to the Commission at the same time as a l(iIritten req,uest for a Cer--tificateof - Compliance~nd.shall specifyh,ow, if at all,thecompleted plan differs from the final approved plan. The as-built plan shall include, but not be limited to, the following: any pipe/culvert inverts for inflow and outfalls; pipe slope, size and composition; location of other drainage structures and their composition; limits of fin or alteration; location of all 5tructures and pavement within 100 feet of wetland; the edge of the wetland; the grade contours within 100 feet of the wetland. 10. Members, employees, and agents of the Commission shall have thec'rig,htto enter and itlspect the premises; to eval',us,te comp l~,anc:~ with the cond i, t ions. and per formance standards stated, in this Order, the Nantl1cket Wetlands Byiaw, the Regulations promulgated under the Bylaw, the MassachUsetts Wetlands Protection. Act, and pertinent Massachusetts f"egl1latio1;'ls (310 CMR 10.00 through 1().99). The Commission ~ay require the submittal of any data deemed necessary by the Commission for that evaluation. 11. The app~icant, owners, successors or assignees shall be respon5ible ,for ffiaintainingany on-site dr~inagestructures and outfalls, assuring .the lasting integrjty of veqetative cover on the site and monitoring site activitie5 so as to prevepterosion, siltation, sedimentation, chemical contamination or other detrimental impact to anyon-site or off-site resource area. ' It shall be the responsibility .of t':1e property owner of record to see that the maintenance conditions are complied with as required by this order. 12. This .document shall be included in all construction contracts and subcontracts dealing With the work proposed and shall supe~~edeother contract, requirements. 13. Used pe"fro l.eum products from the mai ntenance of construct io-n .. equipment" construction debris, and unused paint and paint- related products shalf be collected and disposed of responsibly off the site. No on-site disposal of these items is allowed. 14. Dust control, if req~ired, shall be limited to water. No salts or other wetting agents shall be used. @ recyded paper i;:t'3'~:;~.~?tf;:!~'~;r!!l;.t'f; , ~~1ff~,;l'~i' TOWI)Qf,Npnmc~et \~:-+i':"j;,_..,.~~, ;-~" ' " -0---~ .-, ConservatiQn Commissipn i:""'-, .... . . ....r.c (508~.'l~ ' 10 South Beach Street N antueket, Massachusetts 02564 Meeting Minutes for February 14, 1991 Page 9 15. Any refuse material found on ,the site ~hall be dispos~d of at an approved 'landfill. and in no case may th.ese ma'terials be buried or disposed of in or, near, a :wetland. 16. This Order of Conditions shall apply.to any successor in interest or Sl1ccessor in control of the property. 17. To minimize adverse effects On wildlife, the use of any pesticide br fertilizer is prohibited. 18. Construction of the replication areas will be completed prior to any wetland filling or work whatsoever begins on the dwelling or foundation. 19. The replication areas are to be constructed as discussed in Section 5.12 of Attachment A and Appendix 1 titled "Wetland Replication Design" of the NOI with the exceptions of the additional flood storage revision discussed on Page 5 of the submittal from Lisa A. Standley, Ph.D. to the Commission and dated September 27, 1990, - 20. The vegetation in the replication areas is to conform to paragraph 3C on Page 3 of'the letter dated September 27, 1990 from Lisa A. Standley, Ph.D. to the COMmission and applicable sections of Appendix 1 in the NOI. 21. To incre8sethe accuracy of the replication excavation, spot elevations are to be surveyed after excavation and prior to the placement of wetland soils. These elevations Shall be selected to reflect the grading contours in the replicated areas. A site plan showing these elevations shall be pre$ented to the Commission for its information at the next possible ~ee~ing. 22. Monitoring shall conform to Appendix 1 page 16 with the exception that an; additional report is to be submitted to the, Commission soonaft~r the completion of work on the ...replication areas Li~ing the quantitative sampling methods discussed. 23. It is assumed that ql1alified personnel from the applicant agent I s staff wi! 1 be ut i 1 i zed to perform the on-si te monitoring of the replication areas. The Commission is to notified of the perSdh(.) tdbe on~site and their be @ recvcJedfJ!lPlH' ." < TOyin "qflfant\.tcket . .. ,_ _ ;,~;,,(::r: :' -,. .,,-_ ''- :",__". :" '-'"~~'.: _",' ConservatioIl ' Commission (508) 228-7230 10 South Beach Street N antueket, Massachusetts 02564 Meeting Minutes for February 14, 1991 Page 10 qualifi~ations before ,the commencement of work on the replic~tion a~~as,. 24. Prior to the start of work the applicant will present to the Commission an approved sewerconnec~ion permit for the proposed dwelling. 25. To ensure that there will be .available funding to repair problems w,ith the replication areas if they arise, a performaflc~.bond in the amount of $ 15,000 dollars (fifteen thou~4.,d dollars) shall be. submitted to the Commission prior tCfthe start of work. This bond will stay in effect until a Certific.ate of Compliance is issued for the project. -26.~;;~Opvof.the contract with the nursery providing the wetland pl~'?t;s .;lndseeds guaranteeing the replacement of plants that fa:iLt.o~Urviveshall be submitted to the Commission prior to the <rommeocement of work. - 27. The driveway shall be constructed of pervious m'aterials and sha.Jl:never be paved. UNDEf'(J"'~NANTUCKET WETLANDS BYLAW ONLY: ''''''ti .:"' . The,CClmmission hereby qrants the applicant two waivers of the Wetlcttt~$ft.rotection Regulations of the Town of Nantucket. The first....i"'~r is to Sect.ion 3.Ql (B) (;3) which requires projects that, Clr~'flot water dependent to maintain at least a25 foot undist~#bed .area adjacent. to a Inland Bank. The same section requires all structures which are non-water dependent to be at , least~O feet from an Inland Bank. The second waiver is to Section3.02(B)(1) which requires projects that are not water depend~nt to maint.ain at least a 25 foot undisturbed area adjacent,tp a Vegetated Wetland. The same section requires all struct9r.es wDlch are' non-water dependent to be at least 50 feet ,from ,a Vegetated WetlClnd. These waivers apply to, the building envelope, retaining wall and driveway as conditioned. However, there has been a ,clear and convincin9showing by the applicant that there are no reasonable alternatives that would allow the project to proceed in compliance with the regulations and that the project,a$ conditioned above, will have no adverSe effect upon ~ryy' of the' interests protected by the By-law. Therefore these waivers are granted under the authority of Sections 1.03(F)(1) and 1.03(F)(2)(a) and 1d) of the Wetlands Protection Regulations. @ recycled paper .:;-~-",~:~;:~,,':f:.Ji~\t:l~'::-{ ;;{.:.~\i.{$'.$~~~ Town o;t) Nantackete'i , .' .' ...:~".,I,'""", ..' . '. L. Cons~r~ati9n ,.,.CenlInissiQT1". ,'- - " :,.: ',;' '> ' ,- "!,'.k . ."<~:::; 0< (5QB)'~7~;"""C ~~';- , 10 South Beacb Street . N antucke~ Massachusetts 02564 Meeting Minute~ for February 14, 1991 Page 11 *## b. Cuddy'-'30 Bassett Road.- SE48-639 - (26-48) Present for the applicant is John Shugrue. Mr. Perry tell~. the commission they should have received a draft order in the m~il. Mr. Shugrue says he is happy with the draft. MOTION: To accept the order as drafted is made and seconded. .- .... UNANIMOUS ADDITIONAL SPECIALCONDITtONS William and Katherine Cuddy DEPFILE NUMBERSE48 - 639 ASSESSOR,' S, ,MAP . ~~" PARCEL 48 30 Basset'fl:' Road UNDER THE I"fASSACHUSETTSWETLANl)S PROTECTION ACT ( MGL CHAPTER 131, SECrJON 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 registere.d 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 th is Order. 4. Prior to any activity at the site,.a slltati.on fence or a line of haybales shall be staked along the upland edge of the established wetlands boundary, or at a higher elevation and shall extend to the culvert on the North side. of the existing drivew~y. After-the fence or haybales are installed, notice shall be given to the Nan,tut:ket Conservation Commission. No work shall begin on the si.te for4B hours after said notice is given, so as to alloweommission members time t~ insp~t all siltation devices. The siltation fence or haybale line, erected to prevent siltation of the wetlanc;l during cpnstruction, will also ,serve asa limit of activity for work crews. It shall remain in gOod repair during all phases of construction, arid it shall not be removed until all soils are ~'recycled paper I " ToWp."~;of'~.tuoket ' "::,"<"".:'.r-_,",_.,'_,n " ' _,"'.:';'-,- _.>:_:' _ " : Con.SeI~ation' 'Commission (608) 228-7230 10 South Beach Street N antueket, Massachusetts 02564 Meeting Minutes for February 14, 1991 Page 12 stabilized and revegetatedoFJ,intil permission to remove it is given,.by the Commissio,n.- 5. An as-built plan,sign~d"aru:i sta.rnped by a registered professional eng i,neer or land surveyor in the Commonweal th of Massachl1setts, shall be,s~bmitte.d 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 ft1"lal APproved plan. The as-built plan shall include, but not be:linfited to, the following: any pipe/culvert inverts for inflow ,and outfalls; pipe slope, si~e ar.d c:omposition;loc:ation of other drainage structures and their composition; lim,its 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 aq~nts of the Commission shall have the right to enter ancl in'S'P~c:t the premises to evall1ate comp I ianc:e, ~i th,the cqndit iOn,S and perfot::m;:.nce s~~ndards stated in this Or-der,theNantucketWetlands Bylaw, 'the Regulatiol)? promulgated uncler, the Bylaw ,the" Massachusetts Wetlands Protection Act,andpertipent Massachusetts regulations (310 CMR 10.00tt"\rough 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-site drainage structures and outfalls, assuring the lasting integrity of vegetative cover on the site and monitoring site activities so as to p~event erosion, siltation, sedimentation, c~emical c:ontamination or other detrimental impact to anyon-site or off-site resour"ce area. It shall be the responsibility of the property owner of record to see that themainteriance conditions are complied with asreql1ired by t~is order. 8. This docuMent sh~ll be included in all construction contracts and subco.ntracts dealing wi th the work proposed and shall supersede other ~ontract requir~ments~ 9. Used pe~roleum products from the maintenance of construction equipment, constructidn debr s, and unused paint and paint- related products shall~e co lected and disposed of @ ;ecycled paper ~9~"~H~'~~~~l~<<+",-~;n~;<~~~~:i1'r.Ji.~.< Town~ofN~t~cket - ",. ..... '.:- '.... . i .,';",1- Conservation' . 'COnlmis~ion (508l228-7~ 10 South Beach Street N antueket, Massachusetts 02564 Meeting Minutes for February 14, 1991 Page 13 responsibly off the site. No on-site disposal of these items is allowed. fOe Dust control, if required, shall be limited to water. No salts or other wetting agents shall be l1'sed. 11. Any ~ef~se material found on the site shall be disposed of at an approved landfill and in no case may these materials be bl1ried or disposed of in or near a wetland. 12. This Order of Conditions shall apply to any succ~ssor in interest or successor in control of the 'property. 13. All excavated matetials shall not be stored on-site and shall be disposed at a location that is not within the jurisdiction of the Commission. 14. Natural vegetation between the wetland edge~nd the project site shall be left intact except where it is necessary to temporarily use this area. After construction, any disturbed area within, this buffer area ShAll ~ere~lanted with native plants. There must bea 25~foot undi~turbed buffer zone on the upland side of the wetland boundary. 15. To minimize adverse effects on wildlife, the use of any pesticide or fertilizer more than 15 feet from the house is prohibited. 16. The project as proposed requires additional waivers from the Nantucket Board of Health and the Mass. Department of Environmental Protection Title 5 regulations. Proof of the receipt of these waivers shall be submitted to the Commission prior to the commencement of the work approved in this Order. WAIVER UNDER THE NANTUCKET WETLANDS BYLAW: The Commission hereby grants the applfcant ? waiver to Section 3.02(B)(4) of the Wetlands Protection Regulations of the Town of Nantucket, under the Wetlands Bylaw (Chapter 136).., This, section requires that the septic leach .facilityof a septic system shall be at least 100 feet from a vegetated wetland. Therefore, this section would apply to the proposed s-ept'tc system replacement. However, there has been a clear and convincing showing by the applica,nt that there are no reasonable conditions. or alternatives .'~ recycled paper , Town'of ,'Nantucket . ,-- ;- ,',': ,_ ,,'^":; "'''-3:'-;-~.': ">l>f ,:>,:;--./;; :""<;':;, _ - ,..- 'Consetvati6ni" Commission , (508) 228-7230 10 South Beach Street N antueket, Massachusetts.02564 Meeting Minutes for February 14, 1991 Page 14 :thatWQuld ,~ilowthe projet::ttci proceed "in compl,i~nce' with the t'egulations and that the septic:system'replacement will, as conditioned above, result. in an improvement over :tneexisting conditions and protect the interests of the resource, areas protected by the Bylaw. Therefore, these waivers are granted under the, authority of Sections L03(F)(1) and 1.03(F)(2)(a), (c) and (d) of the Wetlands Protection Regulations. ### c. Shapiro - 57Pocomo Road - SE48-638 (15-16) Mr. Perry states Attorney Arthur Reade has re.quest.ed this be continued. MOTION: To continue at ttlerequest of the applicant was made ,afldseconded. UNAN lMOUS d* Johnson - 34 Easton Street- SE48-634 (421.4-18) Present for the applicant are Attorney Melissa Philbrick and John Shugrue. Attor.ney Phi lbrick says she has reviewed the drafted order with Mr. Perry and has requested some changes to the language to c~arify. Mr. Perry reads the requested changes. #17B~ Revise to delete reference tQJanuary 17, 1991 meet~ng and simply state "a connecting bridge is not allowed." #17: Add an additional item to state floats may be loc:ated anywhere on tlJe eastern side of the pier. Attorney Philbrick adds the intent here is to say it is 0,. k. to sp lit them up but ~hey must r;ema i n on the eastern side. #18: Notes this need~ further discussion. B~sicaily this change is to clarify jpstification of 30' instead of 60'. The request is to delete all but the last sentence and make @recyc/edpaper Town .olJJan~~c~et" , 'Cons~:rv~ti~p. ...CQmthi~ion ,'< - c": ~'j_',-:~'-_i:: :",;""'.,' .'-' , ;'~'.' '-:" -:.:'" ',: (508)'~ 10 $outh Beach Street Nantucket, Massachusetts 02564 Meeting Minutes for February 14, 1991 Page 15 the last sentencea. preamble :tCJ #17. Mr. Perry states he included to show justificati~rt of,the thirty foot length in the event 'of .an appeal. Attorney Phi lbrick says her concern with it is that i't suggests th~y proved that~O' worked but not 60'. Saysshe does not ob:ject to'minutes showing we voted because of these concerns but would like th~ order to read that in 6rder to protect the interests of storm damage, prevention of pollution, land containing shellfish,wildlife and wildlife habitat andrgcreation the following conditions apply. States it does what the commission wants it to do and it will look better on the Certificate of Title if it states because of specific concerns we are imposing specific conditions. Mr. Wasierski says he has no problem. with making this change; commissioners discuss and agree to recommended changes. Mr. Perry says he discussed a concern with Mr. Shuqrue regardj.ng the 2 swi tches for the johnny Trap Pump system and the sewer li-rt pump relative to someone unfamiliar--with the system's procedl1re might turn on one switch and not the other and the holding tank might overflow into the harbor. Mr. Shugrue says he will wire th~ system so that both switches will turn on at the same time. Asks that the size of the water tight container be deleted and a statement added to the effect the sewer lift pl1mp and the Johnny Trap will be wired so that both will operate at the same time. Commission agrees to these chanq~9. MOTION: To accept the order as amended was made and seconded. UNANIMOUS ADDITIONAL SPECIAL'CONDITIONS 3. Seward .Johnson, 3r. DEP FILE NUMBER SE48 .... 634 ASSESSOR'S MAP 42. 1 .4 ,PARCEL 18 34 Easton Street UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGLCHAPTER131, SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET @reevcl6dpaper To.wn. of Nanrnclcet ConserVilHbb. 'CdrnIXlission (508) 228-7280 10 South Beach Street ,Nantucket, Massachusetts 02564 Meeting Minutes for February 14, 1991 Page 16 ,(- ~HAPTERl36. ) 3. Pursuant to General Condition Number 8, this Order of Conditicims must be registered in the Registry of Deed$ for Nantucket and proof of recording shall be submi~ted to the Commis$iOn"prior to commencement of any work approved in this Order. 4. Priore to any activity at the; site, a floating boom shall be installed to contain any floilting debrilS from entering the hc)lrbor'~lJr,ing constructlon. After the boom is installed, noJice ahall be given to the ~antucket Conservation C()~J$p;ion. No work shall begin on the"site for 48 hours aft'e;r silid, notice isgiven,l SOilS to allowCoAlmission members tift'aetc:r.inspect all protection devices., The floating boom wi11Jierv~ as a limit of activity. for work crews. It shil11 remain in good repair during all phases of construction, and it$hall not be removed until all construction is completed an tne'pier, floa.ts, pumpout,;sewage lift pump, etc. or until ,p,f:?rmfssionta remO,ve it is given by-the Commi$sion. ~f 5. ~'1-. ~?7"'.bu;iltplan, signed .ilnd stamped by a registered 13tofes.sipnal engineer or land surveyor in the Commonwealth of Ma$scachusetts, shall be submitted to the Commission at the sa'lu~'~im,~ ,as a wr i tten request for a Cert i fica te of qO;~Pl~ance .and sha 11 spec i fy how, if. a t a 11, the comp I eted pl.ant::liffers from the final approved plan. The as-built plan 5!hali i n~lude, but not be limi ted to, the fo llowi ng: any pipelc111vert inverts for inflow and outfalls; pipe,slopa, size and composition; location of other drainage struct~res and their composition; limits of fill or alteration; location of all structures and pavement within 100 feet of wetland; th~ ~9ge 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 Jnsp~c:.t the premises to evaluate compliance with the condi.~j.c::tns ,and performance standards stated in this Order, the Nantucket, Wetlands Bylaw, the Regulations promulgated,ynder the Byla!-", the Massachusetts Wet lands Protection Act,.ilGd pert ine",.t Massachusetts regulations (310CMR; l,R;~,QO,through 19:.99). T.he Commission, may requ i r'e the submji,~~alof any datil deemed necessary by the Commission for that ~:Vc)lluation. @recyc/edpaper Town ofN~Jticlt~t Conservati<5ii,'C6~Wis'iion i:i" . . ..... (508) 228--7280 10 South Beach Street N antueket, Massachusetts 02564 Meeting Minutes for February 14, 1991 Page 17 7. The applicant, owners, successors or assignees shan be re!?ponsiblefor maintaining any dn-sitedrainaqe structures andoutf.alls, assvring the lasting integri'ty of vegetative cover on the site and monitoring site activities so as to prevent erosion, siltation, sedimen~ation,chemi~al contamination or other detrimental impact to any.on~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 ihall construction contracts and ,subcontracts dealing with the work proposed and shall supersede other contract requirements. 9. Used petroleum products from the maintenance of constr~ction equipment, construction debris, and unused paint and paint- related prodl1cts shall be collected and disposed of responsibly off the site. No on-site disposal of these items is allowed. 10. 'Dust control, if required, shall be limited to water. No salts or other wetting agents shall"be used. 11. 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 interest or successor in control of the property. 13. Natural vegetation between the wetland edge and the project site .shallbe left intact ~xcept where it is necessary to' temporarily l1se this area. After construction, any disturbed area within this buffer area shall be replanted with native plants. 14. To minimize adverse effects on wildlife, the use of any pesticide or fertilizer more than 15 feet from the house is prohibited. ': Town of "Nantucket Conservdtion Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02564 Meeting Minutes for February 14, 1991 Page 18 f6.The project shall comply with ,the final approved plans as submitted to t~e Commission with the exceptions as delineated in Condition # 17': a. ) Ti tied: "Plan to accompany pet i tion of J. Seward Johnson, Jr. to Construct and maintain an extension of a wood pier and float in Nantucket Harbor" ,Dated: Nov. 20, 1990 R~vised: Dec. 12, 1990 Received: Dec. 13, 1990 17 The interests to be protected are storm damage protection, prevent ion of pollution, land. cCQnta.iJ)inqshel,lfish, wi Idl i fe and wildlife habitat and recreation the following conditions app I y: . a. The total length of the approved seasonal float(s) shall be thi:ty (30) feet. 'b. The floats are not required to be connected for their entire length. But if they ~reseparated, then a connecting bridge is NOT allowed. c. The float(s) can be located anywhere along the length of the easterly side of the existing pier. d. The total size of the pier addition shall be 8 x 8 feet inclusive of all overhangs, cantilevers, etc. e. The ramp c:onnecting the pier addition and the floats shall not be longer than fifteen (15) feet as shown in the approved plans. f. The sewer lift pump shall be located in a water tight container. The-lift pump and the .pump out shall be electrically wired so that. the pumps cannot run independently of each other. 18. Prior to the commencement of any further work approved in this Order, the applicant shall submit to the Comrnissionfpr its approval a revised',plan showing the changes as delineated above, includingbutno';t limited to the size, shape and location of the proposed seasonal floats.. @recvc/edpaper *!.~)i!::;.:,.'''?,:,.<;)>~,/t:',.'); Town of-Nantucket . .... , . ....,.. .'.'., ConservcHi6rl>.' Corlffuiision (508~_ft30 . 10 South BeaehStreet Nantucket, Massachusetts 02554 Meeting Minutes for February 14, 1991 Page 19 19. The fl~ats shall be installed no earl~er than May.! of each year and shall be removed before October 15 of each year. 20. The project approved in -this' order is for non commercial use only. The applican~ may allow~ with his permission of course, other boatowners to use the system at no charge. 21. All wood used shall be treated with a non-leaching preservative such as CCA. No. paint, creosote, or pentachlorophenol is allowed. All other materials used shall be non-leaching when, exposed to the ~ceanwater and the weather. It is permissable to l1se recycled plastic "wood". ### 4. CERTIFICATE OF COMPLIANCE No certificates were granted due to time constraints. .i a. Charleton - 35 Baxter Rd - SE48~537 - (49.2.3-6) b. Mitchell - 31 Mattoon Street - SE48-539 - (26-2) c. Watts -Eel Point Road - SE48-165 - (33-23) 5. EXTENSION a. Reiniger - 2 Squam Road - SE48-477 (21-48) extension Mr. Perry says the applicant asked for a modification last summer which was granted. project has been delayed because of a Zoning question. They expect to begin co.nstrl1ction this spring. minor Work on the Department of the addition Mr. Kelliher asks if. they had an extension previously. Mr. Perry says no, they are just asking for one year. MOTION: To approve a one year extension was made and seconded. UNANIMOUS 6. OTHER BUSINESS a. Monomoy Harbor R. T. - Monomoy Rd. SE48-465 (43-111> ~ recycled paper Townot'lN"antuQk~t , ' :..... .:.: 'c, .,- '; -'" ..~' .i~ 7: ::.- ':,.: ,-'.: - ',' :-:., ',2 Conservation' Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02564 Meeting Minutes for February 14, 1991 Page 20 Present for the applicant is"Attorney Philbrick who asks it be continl1ed. MOTION: To continue for additional information was made and seconded. UNANIMOUS b. Airport Pipeline FEIR comments Mr. Perry environmental to the draft. 23rd. says he has drafted a response to the firial impact report and reads some subsequent changes Notes the deadline for responding is February Mr. Wasierski comments that the airport did not do much of the studies that the Commission had asked to be included. ~' MOTION: To send the comments as drafted with noted changes was made and seconded. '. UNANIMOUS c. Revised Meeting Schedule A revised six month schedule of meetings to adjust for February changes was agreed on by the co~missioners. 7. CORRESPONDENCE 8. MINUTES: for January 17, 1991 and January 31, 1991 It was agreed to hold the discussion and vote pn of drafted minutes until addition:al members Were present. 9. BILLS TO BE PAID Mr. Perry presents Larid Bank forms for the Briskman land .which need commission signatures. He also asks for a vote to authorize him to sign in behalf of the Commission at the meeting wi,th the attorney for the Briskman land purchase on Friday, February 15. MOTION: To authorize Bruce Perry, Administrator, to, sign any additional documents relative to the purchase of @ recycledpaper .,...,.:i.;"" . , . ~ Town of Nantucket Conserv a tibnComrnission (508) 22&:7230 10 South Beach Street N antueket, Massachusetts 02554 Meeting Minutes for February 14, 1991 Page 21 the Briskman property in behalf of the Commission at,the February 15, 1991" closing. UNANIMOUS 10. FIELD INSPECTIONS - Monday, March 4, 1991, 4:00 PM It was agreed to change the time for field inspections to 4:00 pm. The meeting was adjourned at 7:48 PM. .. @ recycled paper'