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HomeMy WebLinkAbout1991-02-21 ;..,->.1_-._ , Town of Nantucket Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 MEETING MINUTES FOR FEBRUARY 21. 1991 The meeting was called to order at 7:05 PM in the Large Group Instruction Room of the Nantucket High School. Commissioners present were William Willet, Laura Hussey, Daniel Kelliher and Henry Wasierski. Also present were Bruce Perry, Administrator, and Lucia Wyeth, secretary. ~ PUBLIC HEARINGS 1. Rowley ~ 28 Tennessee Avenue - <60.1.2-31) Present for the applicant is David Wiley, Architect, who presents a redesign based on commissioners' recommendation at the initial hearing. The original plan was to place the addition at the front of the existing structure with a deck extending to within 8' of the stone wall and pier. The redesign proposes to place the addition along side the existing structure, with the deck encroaching 2' less than the current deck which will be removed. Mr. Perry notES the existing 10' deck was added about 2 year$ ago and replaced an at-grade porch without any permits. Mr. Wiley says the existing structure is 14' high; the proposed addition will be 20' high. Mr. Perry points out a waiver needs to be requested. Mr. Wiley responds that the request was made in the letter attached to the revised plans. Mr. Wasierski says he is willing to grant the waiver. Mr. Perry asks where the septic system is located and hOw old it is. Notes that although the existing bedroom~ may not technically be considered bedrooms due to the size of the windows should the septic need to be expanded he is wondering if it is within the area of -our jurisdiction. Mr. Wiley says it is shown on the plan and is 120' from the bank. He believes it was installed about 8 years-ago. . MOTION: To continue the hearing for a DEP file number and additional information was ~ade and seconded. UNANIMOUS @ recycled paper ~I f {."-: q " 11- r Town of Nantucket Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for February 21, 1991 Page 2 2. Richards - 25 East Tristram Ave. - SE48-609 (31-1) Mr. Willet asks for a motion to continue the hearing at the applicant's request. MOTION: To continue the hearing at the request of the applicant was made and seconded. UNANIMOUS 3. Greenberg - 21 E. Tristram's Ave. - SE48-557 (31-3) Mr. Willet .asks for a motion to continue at the applicant's request. MOTION: To continue the hearing at the request of the applicant was made and seconded. UNANIMOUS 4. Briskman - 2 Long Pond Drive - SE48-631 (59-28) Present for the applicant is Attorney Melissa Philbrick. Mr. Perry says Attorney Philbrick has sent a letter withdrawing the Notice. Since we now own the lot,the Commission should accept the withdrawal. MOTION: To accept the withdrawal the NOI was made and seconded. UNANIMOUS ~ REGULAR MEETING 1 . REQUESt FOR DE TERM I NAT ION ". * a. Canopache Nominee Trust - (44-3.1) Mr. Willet reads the field inspection report which states no weiland was found on the property and recomm~nds a negative determination. @ recyded paper '_ :-.'1 .~ t jl-f.} Town of Nantucket Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for February 21, 1991 Page 3 MOTION: To issue a negative determination was made and seconded. UNANIMOUS 2. ORDER OF CONDITIONS a. Shapiro - 57 Pocomo Road - SE48-638 (15-16) Mr. Perry says that Arthur Reade is happy with the order as drafted with one exception. Has asked that #15 be restated to say the use of pesticides or fertilizer is not permitted within the buffer zone; that outside of 100' from the coastal bank they can use wherever they want. Conditions currently state it can be used 15' around the house. Mr. Wasierski suggests in that case we not allow it within the buffer zone period. Mr. Kelliher says he thinks we are compromising by letting him use it 15' around the house. In his opinion the wording should be left as it is. Mr. Perry agrees and says it is the standard wording. MOTION: To accept the Order as drafted is made and seconded. UNANIMOUS 4. CERTIFICATE OF COMPLIANCE a. Charleton - 35 Baxter Rd - SE48-537 - (49.2.3-6) Mr. Perry states we are waiting to hear from the landscape people regarding revegetation of the undisturbed buffer zone that has been disturbed. MOTION: To continue for additional information.was made and seconded. UNANIMOUS b. Mitchell - 31 Mattoon Street - SE48-539 - (26-2> @ recycled paper ~. 'Ii. 1 J .1. ~. Town of Nantucket Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 ~ Meeting Minutes for February 21, 1991 Page 4 Mr. Perry states we are waiting for an as-built from John Shugrue. MOTION: To continue for additional information was made and seconded. UNANIMOUS c. Watts - Eel Point Road - SE48-165 - (33-23) Mr. Perry notes this file is over 10 years old; is for a culvert under a stabilized gravel road in a subdivision that connects a wetland. Continues the culvert has been done as described and he recommends the certificate be granted. MOTION: To issue the certificate was made and seconded. UNANIMOUS 5. EXTENSION a. Dujardin - Monomoy Rd. SE48-465 (43-111) Present for the applicant are Attorney Melissa Philbrick and Mrs. Trudy Dujardin. Attorney Philbrick notes they are requesting in addition to the one year extension, 2 minor modifications and she has written a letter detailing their request. Notes the reasons for not granting the extension would be for lack of activity but says that in fact the replication has been started and is ongoing~ the septic system and the retaining wall have been installed and the architect's house plans are complete and are currently being considered by the HDC. Therefore, she reviews the. criteria for denying an extension and she does not feel their request for- an extension should be denied. Mr. Willet asks whether the plans have been approved by the HOC and of work has been started on the house. Attorney Philbrick says the plans have not been approved nor has work started. Shows new plans with the proposed modificati~ns identified in pink and are outside of the permitted envelope; included is a bay window and a deck which @" recycled paper "I Town of Nantucket Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for February 21, 1991 Page 5 extends slightly. The driveway has been reconfigured to eliminate the turnaround adjacent to the wetlands. Mr. Willet notes the original submission called for an addition. Attorney Philbrick says this issue has been discussed for a year and a half and they have tried to address it and is not sure if we can resolve it. She agrees the plan that was approved was to do an addition and leave one wall standing. They now think it is a better scenario to take the house off the site. They have consulted with the consulting firm of Horsley Witten Hegemann to discuss the issue of wetland impacts caused by the house being removed and a new house built versus demolition and adding to the existing and they have also had the architect write up the construction technique. They honestly think the better scenario for the wetlands is to take the house off the site, preferably whole, and rebuild. She continues it is the commission's call to insist on the addition and she understands some members regret the permit was ever granted and says the misunderstanding or miscommunication is unfortunate. They have tried to be as forthcoming and as specific as they can and hopes the modification can be granted. Mr. Perry says that he has measured the setbacks of the new footprint and notes the notice was filed a month before the new regulations were adopted; under present regulations we require at least 50' or- 25' undisturbed buffer but this one you have about 6' from the retaining wall which is right at the wetland boundary. The old house is about 20' away from what is now the ret?ining wall. The new house will be 6' away; will be about 40' wide not including decks. Feels this new information should be considered even though the notice was filed before the new regulations became effective. Attorney Philbrick disagrees. Says that the fact there are new regulations does not mean they are based on new information. There is a difference between the laws changing a~d.new facts being found. The factual information was available before the regulations were changed. Mr. Perry disagrees stating that the new regulations were developed with regard to the need for buffer zones to protect @ recycled paper Town of Nantucket Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for February 21, 1991 Page 6 the wetland interests. Under the old standards there was not this additional protection, he adds. Mrs. Dujardin says they have done everything they could to pull back. That the order stated they could go to a certain point on the retaining wall and based on that they asked their architect to pull back wherever he could. The minor modifications have also been done to the minimum line. She believes building the new house will have less impact than bulldozers coming in and causing dust and debris. States what is important to the commission is important to them as well. Wants the house to look as if it had always been on the site and they have a very real awareness of environmental concerns. She also wants the wetland replication to be a true wetland. Says she doesn't know how to convince the commission of their intent. Mr. Willet asks if the retaining wall has been changed. Attorney Philbrick says no, it is staying exactly where it was permitted. Mr. Perry suggests the eommission may want to wait to make a decision until more members are present. Mr. Kelliher asks if the issues are going to be voted separately. Mr. Perry responds there are three items being requested tonight: a minor modification to the footprint, a renovation vs. d~molition vote, and an extension vote. Mr. Wasierski questions the necessity for a two car garage. Mrs~ Dujardin responds that this structure is not just a garage; above itis to be her father's bedroom. Mr. Willet reiterate's his concern that the intent has been changed for whatever reason, perhaps that du.ring the design process they didn't know or whatever but feels this is a problem because it has happened to the Commission before. Mrs. Dujardin states she wishes she could convince the commission that the change was not deliberate. @ recycled paper . 1.1 Town of Nantucket Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for February 21, 1991 Page 7 Mr. Willet notes the decision was a tough one to begin with due to the proximity of the wetland to the structure and because of the new by-law. Mr. Kelliher states he would rather see them move the house than demolish it. Mrs. Dujardin says that before they purchased the land and the structure they went out on a limb to file a notice and until they received the order they were not sure of what they would be able to do. They have since considered several different options and have spent considerable time seeking out possible uses for the structure. At one point the then head of the Historical Society John Welsh suggested he could take the house. Says that was about two years ago and is what started the idea to moving the house. Now they are discussing with Kevin Dale the possibility of using it for elderly housing. They are continuing to pursue other sources and notes it will be offered as a gift. Says, however, that they have been cautioned that costs to move and provide a foundation should not be their responsibility. Says they do not want it to end up at the landfill. Mr. Willet says he is in favor of granting the requests but reluctantly so. Mr. Kelliher suggests we grant on condition that it not go to the I ar"tdf ill. Mr. Perry says he doesn't think we can make that stipulation. He has discussed this with a member of the housing authority and there is the problem of cost to move and lay a foundation. He doesn't know what agencies might have funding for such a project. Attorney Philbrick says that though this is the intent, so stating in the modification could present a problem should it not happen. MOTION: To approve the minor modification to allow the house to be moved to another site to be used as a house, or~ if another site is not found, before taking it to the landfill the applicant must come again before the @ recycled paper Town of Nantucket Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for February 21, 1991 Page 8 Commission for another minor modification to take it to the landfill was made and seconded. Attorney Philbrick comments that the commission decision should be based on what is right for the site and notes the landfill isn't in our jurisdiction. Mr. Perry suggests that if we did vote that way they could come back showing they made a good faith effort to donate the structure including a paper trail of offers. This would just show the attempt is there. Attorney Philbrick agrees this is the intent but is reluctant to accept it so stated. Commission remains in agreement the motion as stated should be voted upon. UNAN I MOUS- Mr. Kelliher clarifies the vote by stating that the house could be moved off site but not to the Town landfill. If the applicant wishes to demolish the house and take it to the landfill, then they have to come back to the Commission for approval before it is done. MOTION: To approve the minor modification to the proposed footprint was made and seconded. UNANIMOUS MOTION: To approve a one year extension to the existing Order was made and seconded. . Yes: L. Hu~sey, D. ~Kelliher, W. Willet No: H. Wasierski 6. OTHER BUSINESS .- a. Dujardin - Monomoy Rd. SE48-465 (43-111) Minor mod. @ recycled paper MOTION: To approve the minor modification to the proposed footprint as discuss~d above was made and seconded. Town of Nantucket Conservation Commission (508) 228-7230 10 South Beach Street N antucket,M assachusetts 02554 Meeting Minutes for February 21, 1991 Page 9 UNANIMOUS b. DEIR - Old North Wharf Project Mr. Perry says the commission has received a DEIR on Sanford's Old North Wharf project. Notes their notice was denied last summer on procedural grounds and they plan to file a new notice by the end of March. c. Dooley - SE48-433 (55-422.6) - Minor mod. Present for the applicant is Aileen Barth who has written a letter requesting a minor mod. She says she has just discovered that grade at the corner of the foundation closest to the wetland falls off sharply. Says it is an existing condition and asks for suggestions on how to handle with the least impact. Is considering a stepped retaining wall and then would like to grade slightly to the foundation. Mr. Willet asks how high it is going to be. Ms. Barth responds by using two railroad ties it will be 16". Mr. Perry says the problem is they tried to put a full basement in a lot that has high water level so now the foundation is sitting way above the existing grade. Mr. Willet asks if there is a house already on the lot? Ms. Barth responds that only the foundation is there and she notes in the northwest corner the top of the foundation was at the typical height of grade. The top of the existing foundation exactly lines up with the foundation of the adjoining lot. The majority of the l~t is at that height. Th~ southeast corner drops off very sharply. Mr. Perry suggests the commissioners may want to look a~ it because the retaining wall is within 10'-15' of the wetland boundary. Mr. Wasier.ki notes the original notice prompted a lot of discussion trying to get the house back from the wetland. @ recycled paper Town of Nantucket Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for February 21, 1991 Page 10 Mr. Perry says the minutes show the discussion concerned the driveway going through the wetlands and if we didn't allow the driveway it was considered a taking. Ms. Barth says when you are out there what we would like you to think about is we'd like to bring the grade up to something that works with the foundation but still be able to stabilize the soils. Mr. Willet suggests she join them at the inspection. MOTION: To continue for field inspection was made and seconded. UNANIMOUS d. Doucette - notice of appeal under State Regulations Mr. Perry says that we have received a copy of a letter from Dr. Standley to DEP appealing our order based on the fact that it allowed her to construct only a small, unlivable house and therefore we have denied reasonable use of the property. e. O'Mara SE48-480 (26-23) - clarification Mr. O'Mara asks clarification of the Order which does not show how the float will be stabilized. Notes that DEP, Chapter 91 application and license indicate pile held float. Adds that he believes everyone is happy with the impact of this type of float on the wetland. Commission agrees to clarify the order to read that use of 2 pilings may be used to anchor the float. MOTION: To clarify the proposal was made and seconded. UNANIMOUS 7. .CORRESPONDENCE Mr. Perry notes that included in the correspondence are letters from ~he Board of Selectmen, Planning Commission and Land Council to the Executive Office of Environmental Affairs in response to the airport FEIR and that they generally agree with our response that FEIR is lacking. @ recycled paper 'Ii". . Town of Nantucket Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for February 21, 1991 Page 11 Notes the Airport Commission still needs to comply with several on-going conditions of the order and they are in violation of the certificate of compliance by not providing a new dye study. Says this should have been included in the FEIR and it wasn't. Adds that they had requested in a letter this dye study not be required. Although we did not remove it from the on-going conditions, it was not necessarily accepted by the Airport Commission. Mr. Wasierski says he thinks it would be to their advantage to do a dye study. It might show it would have a negative affect on the creeks. Mr. Willet disagrees; says the mouth of the creeks has shifted. Says he would be interested to see the results. Mr. Wasierski notes that it only takes an hour to do the test and they should do it at high tide. Mr. Perry says they should do a surface study, not 3' - 4' below the surface. 8. MINUTES: for January 17, January 31 and February 14 MOTION: To accept as drafted was made and seconded. UNANIMOUS 9. BILLS TO BE PAID 10. FIELD INSPECTIONS - Monday, March 4, 1991, 4:00pm MOTION: A motion to adjourn at 8:12 PM was made and seconded. UNANIMOUS @ recycled paper