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.
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. Town of Naritucket
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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
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10 South Beach Street
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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.
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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
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Town of NQlltuc1.c~t
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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.
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Town. . ..of :-NqIlttioket
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Conservation' ',Commission
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(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
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ConserV'atibIl..'Co'mmission
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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
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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.
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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,
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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
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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.
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*##
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
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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
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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
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, (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
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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>
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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
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~
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.
..
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