HomeMy WebLinkAbout1991-04-04
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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',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.
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MOTION: To issue a deter~ination subject to but will
not alter was made and seconded.
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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.
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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
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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 $hall specify how, if at all, the completed plan differs
from the final approved plan. The as-built plan shall
include, but not be limited to, the following~ any
pipe/culvert inverts for inflow and outfalls; pipe slope, size
and composition; location of other drainage structures and
their composition; limits of fill or alteration; location of
all structures and pavement within 100 feet of wetland; the
edge of the wetland; the grade contours within 100 feet of the
wet! and.
6. Members, employees, and agents of the Commission shall have
the right to enter and inspect the premises to evaluate
compliance with the conditions and performance standards
stated in this Order, the Nantucket Wetlands Bylaw, the
Regulations promulgated under the Bylaw, the Massachusetts
Wetlands Protection Act, and pertinent Massachusetts
regulations (310 CMR 10.00 through 10.99). The Commission may
require the submittal of any data deemed necessary by the
Commission for that evaluation.
7. The applicant, owners, successors or assignees shall be
responsible for maintaining anyon-site drainage structures
and outfalls, assuring the lasting integrity of vegetative
cover on the site and monitoring site a~~ivities so as to
prevent erosion, siltation, sedimentation, chemical
contamination or other detrimental impact to anyon-site or
off-site resource area. It shall be the responsibility of the
property owner of record to see that the maintenance
conditions are complied with as required by this order.
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TO:WffOf NcMlluck$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.
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3.
CERTIFICATE OF COMPLIANCE
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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
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Perry notes we have received a letter via fax in
to our request to Mr. Sarvis that he contact the
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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
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