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