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HomeMy WebLinkAbout1991-04-04 ~.};;~r, '.' __b-~~~j;~';'}J;~~y~~J;~f~1,;:)-': J;.:;- . ,.;:'~:,;~':, """"',, ">' ",,'(,,"-"'~1'~TfI J &-' T OWIl.",."'i.of..';,....rilmtucket Conser~~:i'tibn Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 ME:ETINGMINUTESFOR APRIL 4. 1991 The meeting was called to orde,r at 7:Q4 PM, in, the L,~rg.,~roup Instruction Room of the Nantucket High School. Commisusione,r-. present were William'Willet, Donald Visco,' Henry ,w~~r~r~k'J." Dan Kell,'!her, Peter Wi lson, Peter Dunwiddie, Laura Huss.y.' J,.\1.0 presen't was Bruce Perry, Administrator. " ~ EXECUTIVE SESSION 1. Litigation 2. Approval of Minutes Marth 21, 1991 .. Was not held B. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC ~ PUBLIC HEARINGS 1. Richards - 25 East Tristram Ave. - SE48-609 - (31-1) MOTION: To continue at the applicant's request was made and seconded. UNANIMOUS 2. Pocomo Overseas-9 Pocomo Rd- SE48-644 -(14-12,13,14,58,60) Present for the applicant is Attorney Melissa Philbrick. Attorney Philbrick says two issues remain open from the last meeting: one relates to placing boulders on the beach, the other is how wildlife will be affected by the proposed wire fence. Presents a letter which states they wish to eliminate the portion of the project which involves placing boulders on the beach. With regard to the proposed fence she introduces several people to talk about wildlife impact on the site. Reads a letter from Paul Rezendes, Naturalist Photographer, who has visited the site. Included with the letter are his credentials. The letter states the proposed fence will not in any way restrict the movement of deer. She continues by introducing Mr. Paul Lelito, Wildlife Biologist, Principal Scientist for Lelito Environmental Consultants who submits a report on the effects of the fence on wildlife. To summarize, they do not believe the fence will adversely affect resident and migratory wildlife populations on the site. To reduce the possibility of bird death and deer inju~y due to direct collisions with the top wire they suggest I" diameter PVC pipe @ recycled paper IJ..U ct j-j; /9/ t 1~1f H~~(~~ I ;.....f-.,.">-'. .'. ,~.,.~~;:.~,-~~ r~ Town of N-aIitucket Cons~;rvation Commission (508)228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for April 4, 1991 Page 2 be used to enclose the~ife, making it more visible to wildlife. Pre~ents Mr. Michael Marcus, Wildlife Biologiat with New England Environmental, Inc. Mr. Marcus states his credentials, states he has visited the sit. and presents a report "Oeer Fenc. Evaluation." He reports most research on deer barriers has been conducted in an attempt to find an economical and effective means of excluding these animals. By comparing the proposed fence to designs which have proven effective in excluding deer it is their opinion that both mature deer and fawns will have no difficulty in moving across the fence line. Continues that deer very effectively manage to pass through barriers erected in an attempt to exclude them. Concludes by asking for questions. Mr. Wasierski asks if a deer will jump an 8' fence if being pursued. Mr. Marcus says he cannot answer that question. Continues that the deer will either use the same routes or establish new routes but will establish escape routes. Attorney Philbrick says these should answer the main concerns of the Commission. Mr. Les Smith of Daylor Consulting suggests a portion of the fence be split rail. Also questions wetland cutting three feet on either side of the fence. Attorney Philbrick create a permanent cut allowed to grow back. maintain the fence. responds it is not their intent to area .-nd tne 6' brushcut area will be It ~ilJ be cut only to erect and Ms. Ingebord Hegem~nn of Horsley Witten Hegemann says in her opinion it will only be necessary to cut 3' and that this is a change from what was previously proposed. Mr. Arthur Reade, attorney for abutter Scott and Aileen Newquist says the fence design as proposed does accommodate the concerns they had ra~sed with respect to the effect on the wildlife. Says it is also apparent the fence is not going to contain either humans or wildlife on either side of it. It is really a boundary marker which people will in most cases respect. Says they are mostly concerned with the wetlands scenic view aspect. Says the feature of covering the wire @ recycled paper ,,;....-,: ~..... . \, '10 l " :'i~~I,lIIt~",,,,, ',"l.'l!I\l\I!!!i!'~~,r.' ,',' .~. ,..~---,:-:.,,-,.:,,-; .;-, :<-_:r".<!-~'~1;~;:~~A-:,!J;;,+,t:~:~~x:-'\.~t,'"':~~;~~~~ Town of Nantucket Conse:fvatlorf' Com.mission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for April 4, 1991 Page 3 with PVC to make it less dangerous for wildlife is going to make it less aesthetically pleasing for humans in the area. Suggests continuatio~ of the s~lit rail fence would~b~ more pleasing to the Newquists and for other people in the area. Attorney Philbrick responds that given the brush in the area they had determined a certain height was necessary to be more visible. Also, the wire fence would have lesS impact on the wetland area than a split rail fence design. With regard to ,the scenic v1ew the view being protetted is the one to the harbor; they have gpne to the split rail fence in the areas affecting this view. She in fact is not sure this has an impact on wetland scenic views as protected under the by-law. Commission asks if any of the fence is going to be electrified. Attorney Philbrick says absolutely not. Mrs. Robinson says the topography of the elevation changes so drastically if the fence were only 4' high a person looking across the brush wouldn't see it because the property drops; as she and her husband walked the property they ascertained 6' high would give better recognition. Attorney Reade states the real intent of the fence is other than stated. That the use of split rail in certain sections and wire in other sections is discriminatory. Furthers that a split rail fence would serve the purpose. Attorney Philbrick says this is not the case; they are treating all areas of the property uniformly. Introdutes Mrs. Robinson to make some closing comments. Mrs. Robinson says that a split rail fence would rot if placed in a wetland and would require far more maintenance than a post and wire fence. Additionally, they have placed the split rail fence in areas where scenic view is affected; areas where the wire fence is proposed is in high brush areas and where scenic view is not a consideration. States the Newquists are not the general public and they have worked out abutters areas of concern. If the Newquists have a concern about this it should be looked at privately but not considered by the commission nor should the decision on an abutter's @ recycled JNfpfJr . Tow,n, of Nantucket .to- ,," ,,__-' .',,',__'Ev..: -- ,', ' ' '., Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for April 4, 1991 Page 4 aesthetic wishes be part of the commission's consideration in the decision making process. Mr. Robinson speaks in behalf of himself, his wife and his son to show the environmental concern for their property over th. years. A letter to the file details his remarks. Attorney Reade asks that the portions of Mr. Robinson's statement that characterize the Newq~ists' use of their property be struck 'from the record. The fact is the Newquists have~taken two buildable lots and merged them to bu!ld~a private residence for themselves; that is not exactly the profile of a developer. Asks that the comments about the Newquists not be part of the commission's consideration. Mr. Willet asks for a motion to close the hearing. MOTION: To close the hearing and draft an Order of Conditions was made and seconded. UNANIMOUS 3. Carney - 113 Eel Point Rd. - SE48-648 (32-2) Present for the applicant is 3eff Blackwell. Mr. Blackwell states one of the suggestions at the last meeting was to pull back to the top of the bank the last set of piles and also to see if they would consider using plastic. Says the Carney's house and deck are of wood and they don't want to thange the type of material. He submits a revised plan showing the posts moved back and the last three feet of the walkway being cantilevered. MOTION: To close the hearing and draft an order was made and seconded. UNANIMOUS 4. Old Polpis Rd. RT - Polpis Rd. SE48-647 (46-1) Present for the applicant are 3eff Blackwell, Attorney Arthur Reade and David Haines of Haines Hydrogeologic. @ recycled paper Town of,t'N'intuckret Conservation Oommission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for April 4, 1991 Page 5 Mr. Haines says at the last meeting the commission asked if the first floor elevations could be dropped. The previous plan also showed quite abit of regrading. Thejrevtsed plan includes retaining walls and a drive-in type basement and the first floor elevation has been dropped 2'3" whic:hcwill eliminate the grading. Notes the lot is for sal~ and they are only proposing for the lot what might be a good idea. Mr. Perry notes they are asking for a waiver for the location of the septic system within the 100 foot buffer and suggests the number..of bedrooms could be reduced. Also suggests two options to the proposed 2-story,house which currently has a first floor height of 26' and would be towering over the area. One is to have a full basement and limit the ridge height above the first floor to 18'. The second option would be to shift the house over slightly and build 2 stories. Attorney Reade says he would rather keep the exact house design and height with the idea that the purchaser would propose the actual footprint and design before the commission. Notes that a simple footprint doesn't work and that this is a "difficult site to work with. Would rather not spend excessive time on,an actual plan; their purpose is to get commission input as well as input from the HDC. They realize they have a lot more work to do on the site. Mr. Perry says he is concerned with the height and wants it clear beforehand that it can't go up 25' from a 26' elevation. Attorney Reade says he thinks it could be made clear in the Order of Conditions that the commission is concerned with the height of the house. Adds that since there is not a specific plan, to put a specific height in the order is not appropriate. Mr. Perry says he thinks they could specify a limit of a certain height above sea level within a certain envelope. Mr. Willet asks for further discussion or a motion. MOTION: To close the hearing and draft an order was made and seconded. @ recycled"."er Tow,n.2; of.t.Nantuckei" Conservation Commission l~ (508) .7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for April 4, 1991 Page 6 UNANIMOUS 5. Oxbow Realty Tr., Sarah Alger - Polpis Rd. SE48-646 (46-1) Present for the applicant are Jeff Blackwell, Attorney Arthur Reade and David Haines of Haines Hydrogeologic. Mr. Perry questions the fact that the septic leach facility is going to be down in the hole where the old barn building used to be. The perk rate is 20 minutes an inch and he is worried that because the flow will be trapped in the hole it will break out the sides. Mr. Blackwell says the septic construction includes fill. Adds the soil test that was taken did indicate proximity to ground water and also some impervious soils but after discussing this with Richard Ray he saw no problem constructing the system in the hole with fill of a perk rate of greater than two minutes per inch. Mr. Haines says he found the perk rate to be slow but it is not impermeable. What he thinks will happen is the~whole area will act as a leaching facility--it won't be confined-- there is an permeable layer all the way around that whole area. Mr. Perry suggests that since they are filling in the hole that the house can now be lowered. Mr. Blackwell says this is sort of the same situation as the lot next door where they want to sell the lot with an order of conditions in place. Suggests that a clause also be put in this order of conditions that the purchaser needs to come back to the commission with an actual site design~ather than limit the order ahead of time based on the speculative plan. Mr. Visco suggests at this time we specify an envelope and a specific design can be considered later. MOTION: To close the hearing and draft an order was made and seconded. UNANIMOUS @ recycled paper Town.. C)!,... .Naritucket Conservation Commission, (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Mee~ingcMinutes for April 4, 1991 Page 7 6. Poor -Quidnet Rd- SE48-635 (20-49,50.2, 50,3; 21-58, 119) MOTION: To continue>thehearin9 to tbeMaVi2 meeting at the request of ~he applicant was made and seconded. UNANIMOUS 7. Poor - Quidnet Rd- SE48-637 (21-122, 118.1, 119,1, 119.2) MOTION: To continue the hearing to the May 2 meeting at the requ.st of the applicant was made and seconded. UNANIMOUS * 8. Bennett - 22 Lily Street - (42.4.3-91) Mr. Willet reads the inspection report which states the filing is after the fact. Asks if the project is completed. Mr. Bennett says no; the depth contours are not finished. He adds that he has talked to Larry Cronin about finishing the project. He continues by reading a letter from Mr. Cronin presenting the intent of the project. Mr. Perry asks for a more specific plan for the pond area to be presented. MOTION: To continue for a file number and additional information was made and seconded. UNANIMOUS * 9. Gamble - 90 Pocomo Road - (15-43) Present for the applicant is Mr. Travi~ Price, Architect. Mr. Price states that essentially they are asking to renew the project. Says the drawings are the same as those in their previous request. Mr. Willet asks why there are two sets of stairs. Says he would prefer to see one. .Mrw Price says that is for members of their family who couldn.'t make it up the other stairway. @recyCIed paper TOWR)t(!)fiNantuck.et", ComSer;v'ation Commission ,,,,",, '1, (508)128-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for April 4, 1991 Page 8 Mr. Perry asks if the requirement for a 3' clearance between the stringer and the bank is no lonoer required; he thinks is now 18" and is not so obtrusive. Mr. Wilson says he would like to see some engineering on the stairs. He is not sure how it is going to remain in position as the bank is so steep. Mr. P~lce says they will get ~o that when ~hey get more aClvanted in the project. They have engineers in the house and will make sure it is right and not to worry. Mr. Perry says there is a concern about the fact the pool is 55 I away from the bank and that they were going to pump it out over the bank. Mr. Price responds that is not the intention. Th~re is a spot where there is a natural opening for the pool which is a little more than 55' away from the bank. Mr. Perry asks if water is going to remain in the pool in the winter. Says it is a concern as it slopes fairly steeply away from the bank down to the two septic areas and they could be overloaded ~ith pool draining into them and affected by the chemicals. Mr. Price says he will have to find out. They have not looked into this yet. MOTION: To continue for a file number was made and seconded. UNANIMOUS * 10. Burke - 37 Gardner Road - SE48-645 - (43-85) Present areCole~an Burke, applicant; Jeff Krieger, Architett and "3ohn ShuQrue. Mr. Willet abstains from the discussion and the vote. Mr. Krieger says he represents the purchaser Mr. Burke. Also working on the project is John Shugrue, Engineer. Notes 'they we~e before thl! commission a month ago requesting a minor modification and an extension. The minor modification was @ recyded paper Tawrt elf N'anmcket Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Min~tes for April 4, 1991 Page 9 denied and a one year extension was granted and they have since filed a new notice. Mr. Krieger presents photographs and plans and continues that they have a wonderful piece of property with views of the water, a beach andattf"active wetland. What makes it appealing and also extremely difficult to build on is the proximity of the building lot area to the top of the bank and the edge ~f the wetland. It is an 11 acre parcel and virtually no area is outside conservation commission jurisdiction. Ther. is less than an acre that is more than 50' from the top of the bank and 100' from the wetlands. They have tried to come up with a scheme that merges the wishes of the buyer with the conservation commission guidelines. The 3 bedroom house has been set on the highest ground closest to the property line but as far away from the wetland as possible. The design has not yet been presented to the HOC and it is preliminary but it does give some indication of heights. Because of the topography of the site they have designed a long thin house. Notes there is on file an approved septic system designed for a five bedroom house but the approved house was for three bedrooms. He adds that the groundwater elevation has lowered from 2.4 feet to 1.7 feet. Attorney Arthur Reade says he represents abutters Karp and Tucker as well as others who have expressed opposition to the project. Introduces Les Smith of Oaylor Consulting who will present specific comments. Mr. Smith says the project will have an impact on a number of resource areas which are protected by the regulations. Affected is the coastal bank which is a vertical buffer which holds back storm waters. This bank is along the eastern portion of the property; would confine the 100 year flood and corresponds with the 100 year flood elevation. A narrow finger of land to the west of the proposed house contains sand which could be tonsidered dune. The proposed leaching field seems to be considerably different from the one which was approved with the now extended Order. He adds that there was no discussion of wetland scenic views in the NOI filing. He suggests that a pump test for the proposed well be done prior to Commission approval. Mr. Krieger says the proposed septic system is a different system and was designed to conform to current regulations. @ rtlCYcIed,paper Towrt<ofNantucketo ( Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for April 4, 1991 Page 10 Mr. Smith summarizes his concerns. Attorney Reade says as he understands the previous order of conditions the limitation placed by the commission was three bedrooms ; the current proposal is for a to'tal of four bedrooms. Another question is how the applicant intends to accommodate on the site. Says it is really a title issue regarding an easement held by the Morton and Tucker properties to use the shore front. They have been able to use these rights over the years and approval of the proposed project will cause some displacement of access to the water front. He does not see any indication on the plans as to how the app,Ucant intends to accommodate that access. Asks the applicant to respond. Mr. Krieger asks the commission if a title issue should be discussed. Mr. Wasierski says he does not believe property title has anythin~ to do with this discussion. Mr. Perry adds that the road used for access will be moved but not blocked off for access. Mr. Smith asks for a response on the well issue. Mr. Wasierski says it is town water there and he doesn't understand why there is an issue with the well. \ Mr. Shugrue says the soil maps show the area to be Evesboro sand but the way the land slopes would indicate only a slight problem. Says he is familiar with the Crosby property and notes they have a well very close to the ocean. Mr. Krieger says the next point was with regard to wetland scenic views and adds the regulations are subject to interpretation. Addresses the views and says he does not think the views from the marsh are applicable. Mr. Smith asks for a response to the vertical buffer. Mr. Krieger says he has a copy of the conservation tommission regulations and cannot find any mention of vertical buffers. Says he will follow up on that issue. t@ recycled paper ~::~':"'j'~:;:~;!,'~-,~:.:~~i"',>1jf,,_.,;~<~:t;';'l-\.,~'~ _ .,..,,~..,_,~.o......~~'_....__.~_....._., . Townofr Narttuaket Conservation Commission (fiOS) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for April 4, 1991 Page 11 Attorney Reade raises the que.stion of the. ava! labi I i ty of town water. Says there is ~own.water on North RQad ~~t not on Gardner Road. Says'thisproperty has leg.al tights on Gardner Road but not on North Road which is a private a,butters way owned by his client Mr. Cross. Mr. Perry asks for further information about the vertical buffer in slopes less than 10 to 1. Says there is over 100' from the wetland boundary to the 8 foot elevation with only three increases in ~levation. Does not understand how that is the vertical buffer. Mr. Smith says the policy is a draft policy. Mr. Perry says then it is not a regulation. Mr. Perry continues that there was some discussion regarding the first floor elevations of the main house. He has done some figuring of distances from the wetland boundary to the marsh and from the coastal bank. Says there is room to move the proposed leach field closer to the house and the boathouse and still keep 100' from the salt marsh and from the coastal bank. The reason he points this out is they raised the house a couple of feet in order to get the proper slope for the leach trenches and the position of the trenches can be reconfigured. There are other options including lowering the house. Mr. Kreiger states that the turnaround for the garage is there. Mr. Wilson asks why a lift pump can not be used? Mr. Burke responds that he has had a number of bad experiences with lift pumps and would not like to use one here. Mr. Perry also presents a building envelope which increases the buffers to the bank and on the sides and provides sufficient area for a lawn around the house without removing the vegetation and allows the minimum setback from the bank and the undisturbed buffer. Mr. Wasierski asks if the stairs can be addressed. '@..recycledfJllPer . Town of Nantucket Conservation Commission , (608) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Min~~e$ for April 4, 1991 Page 12 Mr. Perry says they noted at the field inspection an undistu"'bed, well vegetated bank and they, were proposing tutting an opening into it which would ...esult in stairs and a walkway ac:cltss to the stairs. Questioned the need. Mr. Krieger says their intention is to stabilize the bank. Someone says they have a concern with the plan to move the roadnef....er the sal t marsh and cont inued use of the road for family stalloping. .. Mr. Visco responds that the road is there because the easement is there and there is no right of the public to use the road. Says there is currently a gate there and will probably continue to be the...e if the project is built. A lot of people were disappointed when the gate went up because they thOught they had a right to use the road. Notes this is only two Wheel ruts; is not really a road and they are not required to milntain access. Attorney David Moretti representing abutter Crosby says Mr. Crosby Was the onlY abutter not to o~ject to the original project and again they do not object to a two family dwelling being bUilt on the site. The current proposal does rai~e some conce~ns, however. One is the size of the structure and the second is the additional structure. Feels the additional bedrooms would have an impact on the wetlands and on the harbor. Also feels the size impacts the wetland scenic view and says this is aconeern of Mr. Crosby. With regard to the roadway he would like to see what the composition of the road is going to look like. Feels it may present some problems with regard to access. Also says it relates to the land court plan which states that while you can't have a road going through his house you also can't have a house going through my road. Asks, additionally with regard to the height of the house what is the total increase in elevation in the house and the boathouse. Asks also if the total bedrooms on site are to be four; if the reason for the larger house was due to the fact the}approved septic allowed five bedrooms; if the total square footage of both houses is 4000 sq. ft or 5850 sq. ft. of enClosed building; finally refers to Mr. Shugrue's presentation of the quantity of water. Says they intend to keep an open mind and want to hear the pluses and minuses of the ~j"'oject. @ recycled paper \l.,~~"~-:r.~~~;ii:.<'...."':' ..,,~,;~;:'t:~'fi'.',,~, T own,: ;Q'f~lantucket Conservation Commission" (508) ~7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for April 4, 1991 Page 13 Mr. Krieger says th.,. Dew notice dOeS ask"jor a , bedroom dwelling and because of the new septic system they.had-to raise the first floor elevation. The ridge height for over 80% of the house is 26.5' and 28' at the smaller section. The boathouse is 13' at the first floor elevation and 22' at the ridge with a net height of 35 foot. Ms. Cheryl Creighton representing the Land Council recommends holding the number of bedrooms to three and increasing the 25' ~ndisturbed buffer as much as possible. She adds that the three bedroom limitation was discussed at length at the hearings for the original NOI. Suggests a very minimum or no lawn and the use of plant species that will grow in that area without a lot of chemical additives. Mr. Smith comments on the new draft policy delineating the coastal bank. Says it is more lenient than the previous policy. Mr. Perry introduces the subject of fees. Says that now that the boathouse structure includes bedrooms we should require an additional $250 fee. Mr. Visco asks if the Building Department wouldn't classify it asa second dwelling. Asks if it will have bathrooms. Mr. Perry says a dwelling category would usually require a kitchen, bedroom and bathroom. Mr. Wasierski suggests we wait to see how the Building Department categorizes it. Mr. Perry says it will be too late for us to impose an additional fee at that time. Mr. Wasierski asks for precedent and ~onders of we charged the studio at Sharp's property the full fee. Mr. Visco notes that it has been charged in other cases; however, this is coming in together. Mr. Wasierski reads a letter received from Harbor South Civic Association opposing the plan which they consider @ recycled paper . ',f" Town of Nantuoket Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for April 4, 1991 Page 14 unacceptable and criticizing the commission's granting an e)(tension to the previous request without nOtic:e of public hearing. MOTION: To charge the additional fee and continue the nearing for mOre information is made and seconded. UNANIMOUS D. REGULARI1EETING .. 1. REQUEST FOR DETERMINATION a. Frost - 133,135,137 Eel Point Rd. - (33-11,12,13) Present for the applicant is David Haines and Attorney Artl1urReade. Mr. Willet notes they have visited the site again and the wetland has been reflaOged: The commission is happier with the new flagging but.hadsome suggestions relative to the dunes and lot areas for subdivision. Mr. Haines says thete is ~n upland area which they would like approved by the commission. Agreed to reflag the site per the commission's suggestions. MOTION: To continue for additional information was made and seconded. UNANIMOUS * b. County Commissioners - off Polpis Road (26-NA) Present for the applicant is Anne Lee, Administrator, and Cheryl Crli!ighton of the Land Council. Mrs. Lee says they would like to clear and maintain a rest area along the bikepath. This is to be conducted by the Land Council. Commission is in favor of the project. @ recycled palM MOTION: To issue a deter~ination subject to but will not alter was made and seconded. .' . , TOWD.,)iof.' Nanmcket Conse~ation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for April 4, 1991 Page 15 UNANIMOUS * c. Montgomery - 33 N. Liberty St.- (41-157) Present was the applicant Margot Montgomery. Mr. Willet reads the inspection report. Mr. Perry says he did not offer a recommendation as it is a borderline tase. . Notes ~he slope at the back of the lot where the addition is proposed drops steeply to the wetland and we have required a notice for similar projects. Mrs. Montgomery says she is not sure of the extent of the addition at this point due to financial considerations. Commission suggests when the plans are finalized she present them. MOTION: To continue for additional information was made and seconded. UNANIMOUS * d. Wannacomet Water - Meadow View Dr & Wamasquid PI (56) Mr. Perry says that we have not received proof of abutter notification and therefore we cannot open the hearing. MOTION: To continue for proof of abutter notification was made and seconded. UNANIMOUS 2. ORDER OF CONDITIONS a. Greenberg - 21 E. Tristram's Ave. - SE48-SS7 - (31-3) Mr. Perry comments while reviewing the plans for the draft Order, he found that there was 30 fee.t missing in front of the house and says the applicant has requested this be continued as they are redoing the plans. @ recycled paper Town oJ ,Nantucket- < Conservation Commission (508)228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for April 4, 1991 Page 16 MOTION: To continue for additional information was made and seconded. UNANIMOUS b. Cameron - 30 Shawkemo Rd. - SE48-643 ~ (27-2) Present for the applicant is Les Smith of Dayl~r Consulting. Mr. Smith reque,sts #15 regarding pesticides be d.leted saying he doesn't think they will have an adverse effttc"t on the wildlife. Commission strongly disagrees. MOTION: To issue the order as drafted was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS Dor t A. Cameron Ducksholm Nominee Trust DEP FILE NUMBER SE48 - 643 ASSESSOR'S MAP 27, PARCEL 2 30 Shawkemo Road UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( M6L CHAPTER 131, SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) 3. Pursuant to General Condition Number 8, this Order of Co~ditions must be regi~tered in the Registry of Deeds for Nantucket and proof of recording shall be submitted to the Commission, prior to commencement of any work approved in this Order. 4. Prior to any activity at the site, a siltation fence or a line of haybales shall be staked as shown on the final approved plans, or at a higher elevation. With;,;"the exception that no additional brush is to be cleareda100und the proposed building site. 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 @ recycled paper .""~---""'-""'''--""" ~,...... '~:.' .'-,""., '. , . TOYfn' oflFNantucket, Conser.vation Coml1lission (508) 228-1230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minute~ for April 4, 1991 Page 17 given, $0 45 .to allow CflJm.i.ssJon me~b~rli. time to inspect all $il'a~ifiJn',devic;:es. The silta~ion fence orhaybale line, erected to prevent siltation of the wetland during construction, will also serve as a limit of attivity for work crews. It shall remain in good repair, during all pha~es of cOnstruction, and it shall not be r~~oved until alJ soils are stabilized and revege~a~ed or until permission to remove it is given by the Commission. 5. An as-built plan, signed and stamped by a registered professJonal engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitt~d to the Commission at the same time as a wri~ten request for a Certificate of Compliance and $hall specify how, if at all, the completed plan differs from the final approved plan. The as-built plan shall include, but not be limited to, the following~ any pipe/culvert inverts for inflow and outfalls; pipe slope, size and composition; location of other drainage structures and their composition; limits of fill or alteration; location of all structures and pavement within 100 feet of wetland; the edge of the wetland; the grade contours within 100 feet of the wet! and. 6. Members, employees, and agents of the Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions and performance standards stated in this Order, the Nantucket Wetlands Bylaw, the Regulations promulgated under the Bylaw, the Massachusetts Wetlands Protection Act, and pertinent Massachusetts regulations (310 CMR 10.00 through 10.99). The Commission may require the submittal of any data deemed necessary by the Commission for that evaluation. 7. The applicant, owners, successors or assignees shall be responsible for maintaining anyon-site drainage structures and outfalls, assuring the lasting integrity of vegetative cover on the site and monitoring site a~~ivities so as to prevent erosion, siltation, sedimentation, chemical contamination or other detrimental impact to anyon-site or off-site resource area. It shall be the responsibility of the property owner of record to see that the maintenance conditions are complied with as required by this order. @ recycled paper .. - . , TO:WffOf NcMlluck$t: Conservation Commission (~) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for April 4, 1991 Page 18 8. This document shjl1 b& included in all construction contracts and subcontracts dealing with the work prdposedi and .h~11 supersede other tontract requirements. 9. Used petroleum products from the maintenance of construction equipment, ~onstruction debris, and unused paint and paint- related products 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 shall be left intact. There must be at least a 25-foot undisturbed buffer zone on the upland side of the coastal bank. No additional clearing of the existing brush is allowed. 15.To minimize adverse effetts on wildlife, the use of any pesticide or fertilizer more than 10 feet from the boat house is prohibited. 16.AIl wood that is to be in contact with the ground is to be non-leaching. 17.No coastal engineering structure of any kind shall be permitted on the property in the future to protect the project allowed by this Order. Section 310 CMR 10.30 (3) of the Wetlands Regulatibns, promulgated under MGL Chapter 131, Section 40, requires that no coastal engineering structure, such as bulkhead,'revetment, or seawall, shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. ### 3. CERTIFICATE OF COMPLIANCE @ recycled paper :';4;; ,.::;:,:_ 'ff 1lJ!:':'~'?:~Ot-?'~-' ;'~',t~J;;:';"f:"'}'f;:?:-.~ , .. , Towa'i.i()f.:Narltuak'et ConMrvation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for April 4, 1991 Page 19 a. Cabral- 62 Miacomet Avenue, SE48-:503 - ,(67-353) Mr. Perry says they came in for compliance about a year ago but therew.ui no gr:ass growing in the back of the house. Says everything looks fine now and the as-built was submitted last year. MOTION: To issue the certificate was made and seconded. .. UNANIMOUS b. First Winthrop - SE48-579 (42.4.1-23, 24, 25) Mr. Perry says we have received an as-built plan and it is substantially as proposed. Recommends we issue the certificate. MOTION: To issue the certificate was made and seconded. UNANIMOUS 4. OTHER BUSINESS a. Polpis Bikepath field inspection April 13, 8:30 AM b. Newquist - SE48-606 (14-15, 61) DEP superseding order Mr. Perry says the order is basically unchanged and it is rumored that the Superior Court will be asked to remand the case to the Commission. c. WHOI - groundwater study proposal Mr. Perry states that he has talked with Brian Howes at WHOI and discussed an on-going study of the groundwater in the Polpis area. He adds that the proposal is submitted for your review and will get more detail on well location and goals for the study. d. Nantucket Commons - discussion Mr. response @ recycled PB/HIf Perry notes we have received a letter via fax in to our request to Mr. Sarvis that he contact the , \ ... . -~ Town', of, N,antucket Conservation Commislion '.. (508) ~7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for April 4, 1991 Page 20 commission. He adds that it is not very responsive to the Commission's requests. In addition, he has talked with Lealdon Langley at DEP whO said that they could take over the enforcemen~action ~or the Superseding Order. Commission agrees to forward the letter to the State for their action. Mr. Perry notes the State will be coming here on April 16 for an inspection of the Doucette site and he will ask if the Commons site can be. reviewed at the same time. 5. CORRESPONDENCE 6. MINUTES: for March 21, 1991 MOTION: To accep~ the minutes as draft~d was made and seconded. UNANIMOUS 7. BILLS TO BE PAID 8. FIELD INSPECTIONS - Tuesday, April 16, 1991, 4:00pm MOTION: To adjourn the meeting at 10:45 p.m. was made and seconded,. UNANIMOUS @ recvded DBDM