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HomeMy WebLinkAbout1991-05-02 . ~~~r::'- -.... . Town o-f Nantucket Conservation Commission (508)228-7~O 10 South Beach Street Nantucket, Massachusetts 02554 MEETING MINUTES FOR MAY 2. 1991 The meeting was called to ord~r at 7:00 pm in the Large Group Instruction Room of the Nantucket High School. Commissioners present were William Willet, Laura Hussey, Peter Dunwiddie, Peter Wilson, Donald Visco, Henry Wasierski and Daniel Kelliher. Also present were Bruce Perry, Administrator, and Lucia Wyeth, secretary. ~ .~ ~ EXECUTIVE SESSION 1. Litigation 2. Approval of Minutes April 18, 1991 B. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC C. PUBLIC HEARINGS 1. Old North Wharf - SE48-549 - (42.3.1-225,29,30,32,33.34)* . Mr. WIllet reads a le-tter- t6-tne Commission receIved -toaay-- from Edward Sanford and Alfred Sanford which states they wish to wit_h_c!raw their proposal to l-ec:oAstruct the wharf and dredge Easy Street B~sin due to the complex permit process. Mr. Perry notes he spoke with MEPA today and they are issuing a certificate on the draft DEIR stating that the information it contains is inadequate. MOTION: To accept the request to withdraw the proposal was made and seconded. UNANIMOUS 2. Poor - Quidnet Rd - SE48-635 (20-49,50.2,50.3; 21-58, 119) Mr. Willet says we have received a letter requesting the hearing be continued until June 13. MOTION: To continue until the June 13 meeting for additional information was made and seconded. UNANIMOUS Mr. Willet continues that an Enforcement Order has been presented to Mr. Poor. Present is Mr. Poor who shows , photographs of work in question. :) recycled paper I Town of Nantucket Conservation Commission . (508) 228-7230 \. 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for May 2, 1991 Page 2 Mr. Perry notes that in addition to work being done within the resource area there are no siltation measures to protect the wetlands. Mr. Poor says the fences were moved while the area was being brush cut. Adds it is his intent to cooperate with the commission. Reviews the areas on the plan in question and says he will replace the siltation fence. He submits some photos to show the work that he has already done. Mr. Poor says the legal opinion he has received was that the Commission did not have that right until an order had been issued. Continued he did not want to make an issue of it and stated that he intended to cooperate with the Commission. Mr. Perry notes because we have the Notices the Commission does have the right to enter the property at any time. He polnrs-~out tw-o areCl51:l"Icft look like wetland~ uuLtJu nuL !:>ltuw up on the plans. He suggests that the Commission keep an eye ~_~_~hese a~eas to see what grows back. Mr. Perry recommends the commission vote to uphold the enforcement order as it was signed by only one commissioner. At the next meeting if corrective measures have been made, the Enforcement Order can be removed. MOTION: To uphold the Enforcement Order as recommended was made and seconded. UNANIMOUS 3. Poor Quidnet Rd - SE.?t8-637 (21-122,118.1,119.1,119.2) Mr. Willet says we have received a letter requesting the hearing be continued until June 13. MOTION: To continue to the June 13 meeting for additional information was made and seconded. UNANIMOUS 4. Richards - 25 East Tristram Ave. - SE48-609 - (31-1) ..~ recvcled paper t Ir ., '""?""':''!' ""~~'~'~'>:~-9'!"';;1l:_~~,~'],J!;"',~;'~~ \":,,,~;--. Town ofNant~~ket Conservation Commission (508) 228..7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for May 2, 1991 Page 3 Present fOI- the applicant is Mr. Shugrue who requests this be continued until June 13. Notes the applicant is expected to be here in a month. MOTION: To continue the hearing at the request of the applicant was made and seconded. UNANIMOUS 5. Bennett - 22 Lily Street - SE48-650 -(42.4.3-91) Mr. Perry says this was continued for a file number and al50 a planting scheme to complete the pond. Mr. Willet reads the planting scheme from Mr. Cronin. Commission says they have no problem with the plan. .. Mr. Perry says he has recommended the wa 1 kway be -f2-IIf1Tgh-n and the boards be spaced at least 3/4" apart. MOTION: To close the hearing and draft an order is made and seconded. UNANIMOUS 6. Gamble - 90 Pocomo Road - (15-43) Mr. Willet asks for a motion to continue for lack of a file number. Mr. Perry adds we also have requested justification for two sets of stairs. MOTION: To continue for additional information and a file number was made and seconded. UNANIMOUS 7. Burke - 37 Gardner Road - SE48-645 - (43-85) Mr. Willet abstains from the discussion and the vote. Present for the applicant is John Shugrue. Present for ~ the abutters is Arthur Reade and Les Smith. .) recycled paper I / ~ Town of Nimtucket Conservafion Commission (508) 228-7230 h 1 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for May 2, 1991 Page 4 Mr. Perry says Mr. Burke's office called to say he was unable to attend the meeting tonight. Mr. Shugrue adds that Mr. Krieger also is unable to be here. Mr. Perry continues that a decision is needed on the definition of the coastal bank in orde~ for the applicant to proceed with the design plans. Mr. Wasierski reads a letter from Attorney Moretti who represents abuttel- Crosby. . The letter states Mr. Crosby has appurtenant rights to use the road which is proposed to be moved. Asks that the hearin~ be continued until the infol-mation on the road construction has been supplied and they have a chance to review it. Mr. Perry says he has reviewed the court cases and the DEP draft policy and has summarized the options in a memo to the Comml-~-sloners. I\lotes he has recei"ved' I.lte full .text oft-he court cases and it is in the file. Says at the field inspection there was a consensus and he would like it stated for the recol-d. .. Dr. Dunwiddie says given this information, which includes the most recent draft-policy from DEPwhich certainly would clarify the issue were it an actual regulation but given the fact it is not a regulation, he feels they are forced into a position of using what the law reads at this time as being the strongest ground by precedent. Does not believe there is a choice but to call it a coastal bank at the 8' contour which is the 100 year flood elevation. Commission agrees they should go with the way the regulations currently read. Mr. Visco notes the court cases are only at the DEP level and there are 3 higher courts still to go through. Mr. Perry says the purpose of the cases was to provide clarification on defining where the top of the coastal bank is and they are useful in that regard. DEP commented that these cases are the standards that they use to determine coastal banks on appeal. @ recycled paper r Town of ,Nantucket Conservat16nCommis~ion :-' (508) 228-7230 \' ! 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for May 2, 1991 Page 5 - Mr. Shugrue says he will accept the commission's decision but says if they are going to set the flood elevation as below their total jurisdiction then he wants to see permits on everything at Brant Point, Washington Street, right up to the Town Building. Mr. Wasierski says he agrees that this will have to be taken into consideration on most of the island. Mr. Smith says he agrees based on the hearings the 100 year flood is the correct assumption. Notes however we are looking at 2 types of coastal banks: a vertical buffer and eroding coastal bank. Continues that the example used of Brant Point doesn't confine to the 100 year flood in some cases and in some cases is not a coastal bank. The bank itself is the area between flat land and where the 100 year flood line is. Also notes the Board of Health needs to look _~t Tit l_~_ V .wi threspec t to coastal banks. Says the app I i cant needs to show prooTof-effort - to -protec t from po llut I-On. MOTro.N..:..~_..J..o co..nti'QJJ.e the meeting at the applica..,t's request was made and seconded. 8. Okonak- 35-37 Rhode Island Ave. -SE48-649 (60.3.1-139-145) Present for the app'l i cant is John Shugrue who says he has 1975 tax map aerial photographs showing the dunes in the area. Also says he has determined the foundation "'Jill rlold a 30' to 40' b u i I ding. Mr. Perry says he h~s reviewed all the notices on Smith's Point and summarized his findings. Notes that most of those approved were septic replacements; one application for an addition was denied; one application for an .addition was allowed but some of the original footprint was also removed. These areas he has highlighted on a map. Mr. Visco says this is a different situation; there i5 upland area here. The area that had the denied addition is dunes and blowing sand. Mr. Perry says it is a sensitive area between 2 barrier beaches and is less than 25' from a dune and therefore may require a waiver to add a second story. Also feels they ale ~. adding a bedroom and the septic system doesn't meet the . ;Y recycled paper t . / Town of Nantucket 'i .,t} Conservation Commission (508) 228-7230 10 South Beach Street N antueket, Massachusetts 02554 Meeting Minutes for May 2, 1991 Page 6 presumption of Title V due to the design flows of the system. Also needs to be 4' from ground water. Mr. Shugrue says there are currently three bedrooms though they are not very big or very legal. The existing septic system is a 3 bedroom system; is a trench system and is a lot more than 4' from ground water; states it handles 3 bedrooms and will conntinue to handle 3 bedrooms a day. Notes the use is seasonal. The Board of Health has already signed off on their request. Does not believe it will affect the environment. Reviews the figures to prove that in fact the .septic exceeds Title V and explains the reasoning. Concludes from what they found in 1974 there is 4 1/2' to ground water and the leaching system by today's calculations should come in at 768 gal. a day which is within Title V and notes it was designed to be a three bedroom system back then. Mr. Wasierski asks .if they are staying in the same footprint and adding the garage on-the~ther side.-- _t Mr. Per~~ says they are going up closer to the dune on the same footprint and adding the garage on the other side on the grass area. Adds there is a lot of dune activity and it is heading towards the house. Believes if we allow a second story they will come back in three or four years to fix the problem of sand up against the house. Believes a 700 square foot addition is not warranted. Dr. Dunwiddie says he doesn't have as much a problem with going up as with increasing the footprint but feels that when they do start having problems with dune changes they will make additional requests for more remedial t~at we don't like because we've already allowed this activity in the first place. Mr. Visco says he believes they know the situation with the shifting sand and would not be likely to blame the commission by its issuing an order for any affect of the sand on the house. Adds we cou I d make the ordel- cond it i ona I. Dr. Dunwiddie says it is hard to anticipate what might happen that could be stated in a condition. Mrs. Hussey says she has a concern with how an addition -(X). would affect the dune. -~ recycled paper. . Town of Nantucke.f Conservation corirrii:ission (508) 228-'7230 \1 , 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for May 2~ 1991 Page 7 Mr. Perry says an abutter called with a concern of how a second story might affect the wind and the shifting sand. Asks Les Smith for his opinion. Mr. Smith says wind effects would be site specific; a number of factors would have to be considered. Mr. Shugrue suggests the Christmas trees have been put out on the dunes to stabilize them. D.. Dunwiddie responds there is a difference in intent between the practice of placing trees on the dunes and in building an addition; one allows the wind to pass thro~gh--the other hopefully doesn't. MOTION: To close the hearing and draft an order was made and seconded. . UNANIMOUS * 9. Nantucket Bank - 100 Pleasant St. (55-145) - SE48-652 Mr. Wi lson asks " Is that a coastal bank ?? .' Present for the applicant is Robert Emack. Mr. Willet reads the inspection report. Notes they need to find some way of handling the petroleum products. Mr. Emack reviews the plans and points out gas traps are included at the catch basins. Says it is a standard DPW catch basin detail. Explains the principle. Mr. Wilson asks if this works under any flow situation, for instance in a torrential rain. Mr. Emack says theoretically, no, but says this is not an every day problem and we are not anticipating a great deal of oil. Says this is a plan the Planning Board and Town engineers had approved. Dr. Dunwiddie asks who will be checking the traps and cleaning out the oil. :~ recyclec.f.paper Town of Narltucket ConservationCbmmission. (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Me.ting Minutes for May 2, 1991 Page 8 Mr. E~ack says he is not sure there will be a regularly prescribed clean up of oil with this design. Mr. Visco says not enough oil gets into these things to see with the naked eye. Mr. Perry says this was required for the Commons project and it is the same wetlands. Mr. Visco comments that the Commission was just making it tough and hoping he'd go away. Asphalt absorbs drips and the oil doesn't go anywhere. Feels this is more than adequate. You're talking about some drip that came off an automobile, not about some Harbor Fuel truck that p~rks and spills a whole load. How many contingencie~ can you plan for here? Mr. Wasierski disagrees. Says it was required at the Wauwinet. Says this is a perfect siphon unless there is a -veHi1: that is faken--o-f'f-adi~=.dlargt=-rilll:. ----- r Mr. Visco argues who 's ch~ckiT)~ i!._~,=,<=! how many times has it been cleaned. This measure just doesn't work. Mr. Emack says they could look into it and add a vent if that is a concern. Dr. Dunwiddie says at the Wauwinet and in the Commons project he didn't think we were throwing up smokescreens but were making a modest attempt to prevent petroleum products from getting into the wetlandS and thought we were using a design that had been recommended. Mr. Wasierski asks how much oil we are talking about; says if changeable pads w.re used it might prevent a siphon effect. Suggests it could be written into the order. Mr. Perry says the amount estimated at the Commons was to be a quart a month. Dr. Dunwiddie says that maybe what we write up but wouldn't something that doesn't require maintenance be preferable to something that looks better but isn't enforced? Mr. Wasierski says he thinks for what little oil will be ,~ collected the plan is fine. .':JCI recycled paper / Town of Nantucket Conservati8h.. .. Cbmfuission (50s) 2284~ 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for May 2, 1991 Page 9 Mr. Willet says we should be. consistent. Mr. Wasierski says the outlet should go deeper into the sump. Mr. Wilson asks if the Finast has oil traps. Mr. Wasierski asks what DEP requires for water run-off in parking lots. Thinks they must have something simple, inexpensive and a quick solution to handle a quart of oil a month. Dr. Dunwiddie agrees DEP must have a standard design for this. Mr. Emack says he will find out. Ur. uunwIaOIe asks if waivers are needed. Mr. perc~saYs this is not a structure and they have a 25' undisturbed bu.ffer. Does not believe a waiver is necessary. Notes the plan does not show either 25' or the flag locations. Dr. Dunwiddie a~ks about grading lines. Mr. Wasierski asks why not a retaining wall. Mr. Emack says they will have to fill the corner of the low area in order to raise it above ground water. The runo~f goes to a distribution box to leach trenches. The was discussion concerning the design and type of leach system to be used to handle the runoff water. MOTION: To continue for more information is made c'ld seconded. UNANIMOUS * 10. Lane - West Chester St. - (41-478) Present was the applicant, Fred Lane. .~ recycled paper Town qlNqn.tuck~t Conservation . Commission '~ (508) 228-7230 10 South Beach Street Nantucket, Massaehu$etts 02554 Ii I M~eting Minutes for May 2, 1991 Page 10 Mr. Perry says the order which allowed construction of the house expired last October. The foundation is in and the framing is in progress. He asked the applicant come in with a new notice. Mr. Willet reads the inspection report. Mr. Lane shows original design and says he would like to add a 10' porch on the south end. It is not closer to the wetland but parallels it. Notes he is meeting with the Historic District Commission shortly and would like to respond to continue with the commission after that meeting. Dr. Dunwiddie asks if we had any concerns with the earlier order. Mr. Perry says no; however the original order didn't __.i_dent!fy c:l _ditc:h which he found on his inspection. The applicant has requested a wa-iver-with the new notice-to allow the covered porches. Also suggests we request a plan that showsthe.......act.uaL_foot.p.r:..i.n.t--the existing house with th_e proposed porch and garage. ~ MOTION: To continue for additional information is made and seconded. UNANIMOUS D. REGULAR MEETING 1. REQUEST FOR DETER~INATION a. Montgomery - 33 N. Liberty St.- (41-157) Mrs. Montgomery says they have dec ided to go ahead IrJ i th their plan to add a second story and the addition. Mr. Willet says in that context he believes it is the commission's opinion that a notice is required. MOTION: To issue a positive determination as the work described is within the buffer zone. UNANIMOUS .~ recycled paper ft r / . ' Town of Nantucket Conserva lion Cornmission (508) 228-_ 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for May 2, 1991 Page 11 b. Wannacomet Water - Meadow View Dr & Wamasquid PI (56) Mr. Perry says Mr.-Worth has requested this be continued pending abutter notification. MOTION: To continue the hearing was made and seconded. UNANIMOUS * c. Morning Glory Cafe - 14 Old South Wharf - (42.2.4-2) Present is Thomas McCutcheon. Mr. Perry says he visited the site and they are expanding the patio. Mr. Wasierski asks if it is on the inland side of the pier. i Mr. Perry says yes. Commissioners agree they see no problem. MOTION: To issue a determination subject to but will not alter was made and accepted. UNAN II'"lOUS 2. ORDER OF CONDITIONS a. Greenberg - 21 E. Tristram's Ave. - SE48-557 - (31-31 Mr. Perry says we are waiting fOI~ revised plans from Mr. Shugrue before issuing the order. Notes 30' were lost on the new plan. MOTION: To continue for additional information was made and seconded. UNANIMOUS 3. CERTIFICATE OF COMPLIANCE a. Gillies - Wauwinet - SE48-574 - (11-7) '~ recycled paper I / . -... Town of Nantucket . Conservation Commission i (508)228-7230 10 South Beach Street N antueket, Massachusetts 02554 \. .~ ) Meeting Minutes for May 2, 1991 Page 12 Present for the applicant is Jeff Blackwell who presents an as-built which includes the height of the ridge elevation. Mr. Perry notes the ridge elevation is over 6' by an inch. Mr. Perry says this is on the agenda as a result of a letter we sent after they received their certificate of occupancy from the Building Department which said they also needed to request a certificate within 21 days from the Commission. On inspecting the site, however, he feels it is too soon to determine if the revegetation is adequate and recommends waiting till later in the season to issue the certificate. Shows pictures taken at the inspection and notes new vegetation. Commission discusses a motion to continue vs. a motion to deny and since the guidelines say a certificate must be issued in 21 days agree to deny the certificate at this time. I Mr. Perry says he will send a letter explaining the reason for the denial at this time. MOTION: To deny the certificate was made and seconded. UNANIMOUS 4. PLANNING BOARD REFERRAL. a. Duck Land subdivision, Gardner Rd. at Polpis Rd. Mr. Perry says he inspected the site and has determined lots 6 and 7 and portions of the driveway are subject to wetlands by-law. Commissionel-s recommendation. possible and that existing wetland. discuss and agree with Mr. Perry's Add that the road should be as n~rrow as the retention area should not be in an MOTION: To provide the Planning Board with recommendations discussed was made and seconded. UNANIMOUS ..:\~ recycled PB,f?er .. .. . , Town of NantUGket ConservaUdii Commission ? (508) 228-1230 10 South Beach Street ,N antucket, Massachusetts 02554 \, 1 Meeting Minutes for May 2, 1991 Page 13 5. OTHER BUSINESS a. First Winthrop - annual pesticide plan Mr. Perry says we have received the new list of proposed pesticides and notes several are mor:e low tech and have less chemicals thi~ year. Makes one recommendation that one of the herbtcides listed be used only outside our jurisdiction in the area furthest away from the harbor because it is toxic to fish. MOTION: To accept Mr. Perry's recommendation and send a letter to that effect was made and seconded. UNANIMOUS b. David Jay - SE48-593 - 26-20.3 - minor mod " ---~ - -~Jr. -Perry- ---sa-y-s -Mr-. -j"ClVTS looKing for"our-.-suppor t. to change the width of the road from 16' to 14'. Commisslan agrees a letter should be sent indicating approva I. MOTION: To approve was made and seconded. UNANIMOUS c. DEP Wetlands Workshop May 18 Motion: To allow the Administrator to attend the workshop was made and seconded. UNANIMOUS d. Polpis Bikepath Inspection June 7 e. Town Meeting, Article 37 Mr. Perry says he meet with Lee Bourgoin and Bernie Grossman to state his objections to the wording of the proposed article. States Mr. Bourgoin suggested "advice ana consideration of input by the V81-ious commissions." ~'ecycled paper I L I / ~ . .. ~. Town oJ,Nantucket Conservation. Commission (508) 228-7230 10 South Beach Street N antueket, Massachus~tts 02554 Meeting Minutes.for May 2, 1991 Page 14 Mr. Perry told them that the commission would be strongly opposed to that wording and recommended "consent" of the commission would be more appropriate. Commission discussed and strongly agrees with Mr. Perry's interpretation and recommendation. Suggests Mr. Perry prepare a letter to be sent to Mr. Bourgoin and the Board of Selectmen stating their objection to the article as proposed. 6. CORRESPONDENCE 7. MINUTES: for April 18, 1991 MOTION: To approve the minutes as drafted was mad~ and seconded. UNANIMOUS 8. BILLS TO BE PAr~- 9_____ EIELD INSPECTiONS - Monday, "'cay 13, 1991, !-t:OOpm At 9:00 PM the commission was polled and agreed to go into executive session. At 9:10 PM the commission was polled and agreed to go back into open session. MOTION: To adjourn the meeting at 9:20 PM was made and seconded. UNANIMOUS . ...~ recycled paper