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HomeMy WebLinkAbout1991-05-16 ,------- ~ Town. of Nantucket .Conservatioif'i'CommisSlon .J (508) 228-7230 . 10 South Beach Street N antueket, Massachusetts 02554 t. )'. MEETING MINUTES FOR MAY lb. 1991 The meeting was called to order at 7:00 p.m. in the Large Group Instruction Room of the Nantucket High School. Commissioners present were William Willet, 'Laura Hussey, Peter Dunwiddie, Henry Wasierski, Daniel Kelliher and Peter Wilson. Also present were Bruce Perry, Administrator, and Lucia Wyeth, se~retary. A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC .I!.:. PUBLIC HEARINGS 1. Newquist - 8 Fargo Way - SE48-606 (14-15, 61) Present for the applicant are Attorney Arthur Reade and Lester Smith of Daylor -Consulting. Present also are Attorney Melissa Philbrick and abutter Mary Jane Robinson. l Mr. Willet reads a letter from Superior Court which remands the case back to the Conservation Commission for -------publi.c heari-ngs limited sOlelya-m:J-exc-:tusively to the- differences between the September 19, 1990 and the September 27, 1990 plans. Mr.. Perry -points out the limits of what should be discussed which is the difference ,between the plan received at the last public hearing and the plan we accepted when we issued the order of conditions. Continues, to summarize the changes: (1) the planting plan from Lisa Standley is more specific as to what is going to be used for the landscaping; (2) a-retaining wall has been added on the southwest section. Mr. Reade summarizes the history. Says the DEP appeal has been disposed of with a Superceding Order. The Superior Court case is open under the local by-law. Says Mr. Smith has prepared changes of the plan approved in the superceding order dated January 8, 1991. Changes include dry wells outside the buffer zone. Dr. Dunwiddie interrupts to ask i~ we aren't supposed to only be discussing September 19th and 27th plans. Mr. Perry says we are going to issue another order accepting the new plan at a public hearing. Says the only '>> fO<'(CIed_ I ~etli;f/t' #/?I. /KIll- . / \ I Tdwn of Nantucket Conservation Commission (508) 228-7230 10 South BeachS,treet N antucket,M8ssachusetts 02554 Meeting Minutes for May 16, 1991 Page 2 differences he can see between the superceding.order and the new order, ist.he use of dry wells. Dr. Dunwiddie says seems like reconciling the two orders between the state and ,the local and reconci I ing these two plans are two separate issues. The judge is telling us to do one thing and you would also like us to do the other at the same time. Are we allo~ed to do this~ The judge seems to make it very clear we're only supposed to do this and nothing else. Attorney Reade questions whether that is the intent of the order. Thinks the point was not to go into ,extraneous issues; did not intend to preclude the c:ommission from dealing with somethi.ng it would have to deal with sooner or later. Dr. Dunwiddie asks if there are representatives present from both sides and asks for a consensus whether it is proper to deal with thisnow~ -1 Attorney Philbrick says she is not going to object but thinks it- should be- taken in, ~...astE!p5. September to September and September to January. Mr. Willet suggests both be done. Attorney Philbrick comments the judge may want to see it discussed separately. Mr. Perry recommends September to September be discussed first. Differences are: (1) retaining wall to hold back the fill needed to cover the foundation. Dr. Dunwiddie asks how high the retaining wall is. Mr. Perry and commissioners discuss and determine it to be 30". Mr. Perry concludes it is 4'above finish grade. Notes the contours around the house dip and this is the reason for grading, to keep the house leveL Continues to point out differences,: (2) use of landscaping timbers and raising the grade a bit at the edge of the parking area next, to the wetland. Reason is to keep dirt from washing down to the wetland. (3) Addition of the word "proposed" to describe meadow; (4) addition of existing and proposed contour lines (5) hay and silt fence line around the drive and house; (6) -~'~c1ed fJ8p:U / Town of. Nantucket Cons~rvatibrl COmmission (508)228-7236 10 South Beach Street N antueket, MassachuSetts 02554 Meeting Mirtutes for May 16, 1991 Page 3 wording to close existing driveway before work begins; (7) o~en rtew driveway before work begins. Mr. Willet asks for a motion to accept or discuss these changes and then we'll move on to additional changes. Mr. Smith says his letter of September 27th summarizes all the changes. Attorney Ph i lbr ick says they have been wai ti ng,for information of the proposed fill and were concerned that all the information on contours came in after the public hearing. They felt the commission needed to consider that information. Mrs. Robinson summarizes their objections in a statement which she presents for the file. Reads the statement. Mr. Willet asks for additional comments. mot ion t-o--accept the ~ehanges. -=- Asks for a . . ~ -- -j<- MOTION: To accept the changes in the September 27th p.lan- .-lS made and seconded. ---~~----- 5 Yes; 1 No Mr. Perry notes that he will attach the same additional special conditions as were issued with the original Order. Mr. Smith says he would like to go over the changes to the DEP approved plan for the,ir Superseding Order . Points out drywel1s1ocatedoutside the buffer zone which will take the roof runoff. Additionally, the existing foundations which are- to be filled. the lawn, and the gravel parking area, which was decreased. The retaining wall has been removed and sloped and vegetated; stairs have been'added and a hay bale silt line has been described and added. The underground utility line has been described as along the driveway. Notes these are the change~ between the September 27th plan and the one used with the superseding order approved plan of January 8, 1991. Notes that he provided to the commission on September 27th a copy of the September 27th plan, a letter describing the changes, and a copy of Lisa Standley's presentation of the proposed planting in the open areas. -.~ recycled paper . town QfN antuc:ket .Conservation Commission J (508) 2~1230 '. !; J 10 S~thB~Street N aIltuck~ Massachusetts 02554 Meet~ng Minutes for May 16, 1991 Page 4 Commission notes this is the first time they have seen this plan. Mr. Willet asks for questions. Mr. Perry asks if the proposed grass areas are to be sod or grass, pointing out the former would require higher maintenance. Notes the proximity to the bank, additional brush cutting, and potential use of fertilizers. Mr. Smith says it was not discussed but he assumes it would be seeded and not sodded; says there is existing grasses in the area and the existing house will be removed and replaced ~Jith gl-ass. Dr. Dunwiddie questions two septic systems, each with 1000 gallon tahks. Asks if thechangihg room is going to turn into an apar.tment. Attorney Reads says there is already an apartment over the ____5t'!rage_~nd the lot-.!.s !imited to two dwellings. Mr. Wilson asks about the area bordering the lawn and if the poison ivy will be cut. Mr. Perry says the area is to be undisturbedbuff~r in the order. Dr. Dunwiddie asks for an opinion from Attorney Philbrick and Mrs. Robinson; if they see any major problems that might be addressed at this point. Attorney Philbrick responds not more than what we've been concerned w~ th all along wi th regard to the size of the project, the amount of fill and hOw the fill is handled around the edges 'of,the wetland and the property lines. They feel the slope which was to have a retaining wall and now is to be sloped and graded will, over time, have an impact. Concludes that at this time and before this commission this is all we have to say. Mr. Willet asks for a motion to accept the changes as a minor modification. Summarizes the changes: no retaining wall, silt fence showing limit of work, 2 dry wells, landscaping timbers gone, proposed apartment over the garage @ recycledpapj,s added. I / . I Town of Naritucket Conservation Commission 'J (508,:,,1230 u 10 South Beach Street. Nantucket, Massachusetts 02554 Meeting Minutes for May 16, 1991 Page 5 Mr. Wilson asks how will ~emoving the retaining wall alter the situation. Mr~ Perry asks if DEP required the retaining wall be taken out for the Superseding Order? Mr. Smith s.ys the slope will be s~abilized with planting. Mr. Perry notes the downspouts are all going the other way. Mr. Wasierski notes by removing the retaining walls the elevation is raised 2'. There was discussion about the effects of removing the retaining wall on the final .levations. Dr. Dunwiddie asks if the house has been redesign~d. Notes t~h~_yh~p~_l~ol<s different. ~ Mr. Smith says yes, there are changes but the house is outs ida ot'_tn!:.-Commi ssion 's Juri sdic.t ion. Mr. Perry notes the house is within our jurisdiction;. just because the front corners are outside the buffer zone doesn't mean we can't discuss the chanQes. Dr. Dunwiddie asks to see the list of modifications again. Mr. Wasierski notes they have moved the garage and the lawn with it closer to the wetlands. Mr. Smith notes they have pulled back the gravel parking area. Mr. Perry asks if the commission wan~s to vote this is not a minor modification. Mt-. Wasierski says the footprint of the house has changed, the lawn has moved closer to the wetlands, the retaining wall removal is going to make a big change in slope. Mr. Smith says he did submit a copy of the changes to the commission. 1! \:);. "'-,eI. recycled paper t / '. Town 9f;,Ni3.I}tuclcet Conservation Commission (508) 228-7230 10 South Beach Street N antuclt~ Massachusetts 02554 Meeting Minutes for May 16, 1991 Page 6 ~ .. Mr.Wasierski feels the changes make the proposal drastically different. Dr. Dunwiddie asks why do you think the changes will impact the wetland more. Mr. Wasier~.ki saysthey will be using fertil izer on the lawn and the lawn has moved 12' closer to the wetland. Thinks there would be less of a problem with the retaining wall. The difference amounts to a change of a few feet they have extended the level area to the west of the house and then made their drop off. Mr~ Smith says it is 3 1/2' closer. Mr. Wasierski says in bringing the lawn down they moved one corner of the driveway back. Mr. W i ll-e-~~ asks for a---motioA. ~c.c MOTION: To require a notice for the proposed changes. 2 yes; 4 abstain Reopened for discussion. M.r. Perry says he can't find a copy of the revised plan in our fi~es. Notes the project has had three extensions. Dr. Dunwiddiesays this is one of those projects we are going to live tri regre~. It's going to be one of those . eyesores that weare going to wring our hands over and wiSh we had better regulations to protect the island from this sort of thing. Personally, I don't want to be any part of this being added to the island; unfortunately, we don't have regulations to do what we would like to do on the island. On this particular ~inor modification we are picking at nickels. What we're talking about here is nothing compared to what we are going to be offended by. What is going to bug us is a 30' house glaring over the harbor and whatever we do now isn't going to change that. I don't know what I'm advocating here because I don't really want to be a part of this, but at the same time I don't think we're really shooting at what we are being offended by. @ recycledpaper Mr. Willet asks fqr another motion. r I ' Town of. Nantucket Conserv:ati6n . Comm.ission (5081~'t230 \. I 10 South Beach Street N antueket, Massachusetts 02554 Meeting Minutes for May 16i 1991 Page 7 MOTION: To continue for additional discussion. Mr. Wasierski asks if the garage and lawn can be moved back 12'. Notes it moved without us even knowing about it. Mr. Smith says zoning laws require it to be 12' away. Mr. Wasierski says it was a garag. previously, not an apartment. Says it is not a minor modification. MOTION: To continue for two weeks at the request of. the applicant was made and seconded. UNANIMOUS 2. Gamble - 90 Pocomo Road - SE48-654 - (15-43) -"Mo:f:ION-: To-ectn-t inult-at--t-he- request -O-f.-J:he-ap.p Ji r.:lni: is made and seconded. - --t ---UN'AN1MQt:JS-_. 3. Burke - 37 Gardner Road - SE48-645 - (43~85) Mr. Willet abstains from the discussion and the vote. Present for the applicant is Jeff Krieger, Architect, Stan Humphries, Coastal Geologist at I.E.P., and John Shugrue. Present for abutters Karp and LeFevre is Attorney Arthur Reade and Les Smith of Daylor Consulting. Mr. Krieger begins by recalling the debate two weeks ago of the possible existence of a coastal bank. It is their contention that there is no coastal bank on the marsh side edge of the wetland. Therefore the only resource area to be dealt with is the edge of wetland and the 8' contour which would be land SUbject to coastal storm flowage. Before continuing with the coastal bank issue he would like to respond to a couple of questions raised previously. Attorney Moretti asked for information on the proposed relocation of the road. He has provided a cross section. The second question was for data on the erosion rate of the shore line. He has figures and notes the rate of erosion is not within the .~ recycled paper i .. ., Town of Nantucket f.!-tf -) ;-,' >' :'-:' Conservation Commission (508) 228-1230 10 South Beach Street N antueket, Massachusetts 02554 I. , Meeting Minutes for May 16, 1991 Page 8 limits of th~by law$; is in fact-substantially less. Concludes by introducing Mr. Humphries. Mr. Humphries says he Was involved with the cases reviewed; specifically, the Marshall case and the Garby case. The major point he would like to make is since the writing of the regulations for the State, in which Mr. Smith played an integral part, and the cases that have occurred over the last ten years, there has beel'1a progressive need to understand wha~the intent was and how to better define land form that provides sediment to a beach or that functions as a vertical buffer and how they can be protected. Previously, before the Garby case~ it was assumed that coastal banks were what you can see: sharp breaKS in thelCknd form as sediment drops down to the beach. The Garby case opened up the idea that an elevated land form really just serv~s as a vertical buffer. There was no guidance in the definition as to what that slope might be. In 1985 they came, up with 4 types of banks but the guideline.s.-1de.I:p npvpr fin.::lli-7Pt=f-.--Rpt"'pntly, a nrOift policy go-t out to worksh~ps and several commissions. The Marshall case came up a bit later and the situation got more difficult with l;.umpound banks which might-supplyc-sediment -to a-beach. -- Continues there has been two or three cases in which the DEP Southeast Region has useD the new information to make determinations withoutr~ferencing the policy per se but used the methodology that was worked out by the task force. The Department is cautious in how they use the new information. Continues there are some very interesting characteristics regarding slope on this property. The cross section from the harbor side back through the marsh is above the beach, with the steepest part being the classical coastal bank and then trailing off toward the marsh 15 to 1 and 20 to 1. Notes the task force found lowslopas to be below 10 to 1. Believes the seaward edge will be stabilized as a result of their project which will raise the vertical landform by a 4 to 1 grading. Feels the land form is well represented by the proposed plan. He shows three transects and the calculati6ns that were done to determin. their slopes and submits the plans showing the information. Mr. Krieger aSKs if the commission has seen the draft policy. Presents a copy. Notes the first two point~: a slope less t'han 10 to 1 is land subject. to coastal storm flowage, not a coastal bank; a coastal bank must be greater @ recycled paper \ I / " I Town~' of Nantucket .'!..~ Conservatibri '. ComIrllssion . (508) 228-'1230 I. . 10 South Beach Street .- N antueket, Massachusetts 02554 Meeting Minutes for May 16, 1991 Page 9 - than 10 to 1 slope. Says it is clear according to the terms of this policy and the task force, it is not a coastal bank. Mr. Humphries says the fact that a setback of a specific dimension is connected with the boundary obviously clouds ~he problems in this project and in some way dilutes the real issue of what is being protected here. He understands the commission is concerned about protecting the language in the By-law and future appeal. Would like the commission in this case to give more c:onsideratio-n'to the fact that lower sloping land is land subject to flooding. As far as the project goes, he sees advantages to the road being set away from the coastal bank; measures c:an be taken to plant some vegetation. Mr. Wasierski asks for questions. Dr. Dunwiddie says he will repeat the question that he raised last week that while the draft policy addresses these -------- 'tfGt!5t ions, . how can.4E: , a3 a.boa.rd ma.ke a dec i~ ba.sedon-a---~ draft policy for what we think might be the original intent of the draftees of the regulations'? Believes we have to base our -~- decision on p-rec::edent- aha o~he reguJ.a1aons as 'tney currently read and not on hOw a lot of people think they ought to read but haven't gotten around to finalizing. . Mr. Humphries says it is speculative but the department does not even hold itself to a precedent based on previous cases. It specifically looks at the land site. Dr. Dunwiddie agrees but thinks he has been listening, to too many lawyers. Would prefer to make. reasonable decisions that make sense to all of us but has seen too many cases appealed because we were reasonable. Mr. Krieger says there were several cases in other areas of the Southeast region where this new policy has been used; unfortunately those opinions have not yet been issued. This is an on-gOing thing and we are trying to promote the use of the best available information. Even the original by-law isn't clear and is subject to interpretation Dr. Dunwiddie says in that regard what is the shows we should use the 8', 100 year flood line? flaw in using those as a precedent? We need some guidance. \ recycled paper case that Where is the sort of '. Town ()f tf9l1tucket Conservation Commission (508) 228~7230 10 South Beach Street N antUck:et, 'Massachusetts 02554 Meeting Minutes for May 16, 1991 Page 10 Mr. Humphries responds both cases apply; reviews the 2 case$. Suggests one should look at the function of the bank; they are looking at more significant banks vs. less significant banks in prote~ting the interests of the act~ Mr. Perry says in his memo reviewing the material he concluded that the commission had two choices: one which is the 100 year flood as the to~of the coastal bank, which is more conservative, or the edge; of the marsh as one re$ource area and land subject to co~sstaL;storm flowage as the other resource area, which is more~tisky because under appeal it will go strictly to the black and white of the regulations. Dr. Dunwiddie says there is a very real potential that whatever we decide here will come back and haunt us. Feels we should take the more conserva:tive approach. --1'tr._Kr::-i-&ger::--a-sks if-4his il=:. ~~]pd--t;o ru;::~:do-1:hey go__b't-_ the local by laws or just the state regs? Continues there are 2 things that have to be decided. First, if there is a ~ocil:>ldl Gc:Ulk Ul llU l c:unJ lllt::'1I where is---ttle-'t-01Tof it. Ottr-- contention is there isn't a coastal bank based on the contours, based on the land form, based on no distinguishable break in slope, and fairly uniform. Does not think it is clear from the local by laws that it is a coastal bank. . Is subject to interpretation. The state, he thinks, recognizes there is not a clear definition af these things and is in the process of a$sembling the information to better define this so people like you don't get stuck in a- difficult situation, and, it just hasn't become law. Th~yclearly have put in writing a better definition for what a coastal bank is, both in the 1985 memo and in the current draft policy, in terms of language, in terms of the graphics, there is no question that this is not a coastal bank. Attorney Reade says in additiQn to representing Mr. and Mrs. Stephen Karp and Mr. and Mrs. Richard Tucker, he has been engaged as well by Mr. and Mrs. Thoma$ LeFevre. Says he basically agrees what Dr. Dunwiddie has said that we have a couple of fairly recent cases fro,m DFP to rely on as precedent. If ever there was a case that whoever wins or whoever thinks they won or lost that will be appealed before DEP or a superior court judge it is this one and he feels a conservative approach is wise. @ recycled paper \ . ;~~<'J:',;'''~~:'~'i~~,:~~,''. . "/:;,~.,D'P~,;y",~7'7f~.:~~ / Town of Nantucket Conservati'b~;',i'C()futiii~sion (508) 22S--'l2s0 . 10 South Beach Street N antueket,Massaehusetts 02554 Meeting Minutes for May 16, 1991 Page 11 Attorney Moretti, representing Mr. Crosby~ asks Mr. Humphrie~ toe)(plain a little more about the land subject to flooding next to the wetland--where it is and what the implications are. Mr. Humphries says the land at the 8' contour represents the 100 year flood plain. It is the elevation, it is predicted, at which there i.s a 1% chance of occurrence the water will reach. It is a storm sergeelevat10n primarily because waters need to go around along the barriers and they slowly cause the salt marsh to rise and cause flat water flooding up to that point. This is unlike and in contrast to an open water body where there are waves in water deeper than 4' that break and are much more vulnerable to erosion. The eff'ect of flooliH.ng.o", :the salt marsh he feels would be minimal due to the water's slow rise and fall. In walking the perimeter he sees no evidence of erosion due partially to the nvegetat iEH"h- ~- --.,- Mr. Moretti asks would the location of the proposed road hl<ely be subJec't 'to flooding. - _____u -- Mr. Humphries says yes but measures can be taken and it would not take away from the function of that land form. Dr. Dunwiddie notes the client's entire house is in the flood zone. Mr. Krieger says he has been reading the definitions of coastal banks in the local by law~ and the state laws and one point keeps jumping out at him: in the local rlefinition it is the seaward face or side of an elevated land form; in the state regulations coastal banks, because of.the height and stability, may act as a buffer and natural wall to protect upland areas from storm damage and flooding--face, side, buffer, wall. All imply a steeply, sloping land form. While it's not quantified he thinks that was the intent when the By- laws were written, to look for some measurable slope. Doesn't think a slope less than 10 to 1 implies a wall and he doesn't think it was the intent in writing the original definition to consider a slope of 15 to 1 or 20 to 1 as a vertical buffer. Mr. Humphries notes one of the original author's (Les Smith) is here; suggests he be asked about the intent. . c~ recycled paper \ Town o.fNaIltucket . " f',-.f :," :I~':.:-.;:f::""rr';ef~:"'\' Conservation · . Commission " (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 to 1 Meeting Minutes for May 16, 1991 Page 12 Mr. Smith responds when we developed the regulations we didn't anticipate all things. Were considering land forms for a coastal bank as two types: seaward face to protect sediment and erosion and other types because of height provided a vertical buffer. The idea of the 100 year flood came up but there was no thought about slope, break in slope, and they were thinking more of the function of land form between. Since then the court cases have come along and guided the issue and draft policies have evolved. Dr. Dunwiddie says then you would acknowledge, given the initial intent of what a coastal bank was, this would probably not qualify. Mr. Smith says the land form is provid-ing protection between you and another landform. -Dr. D'Inwiddie r:..esponric; .:lnythlnC) rlhnvP-s~al-evel then is ~roviding protection? J ----Mr~ SnrttM-says land subject to coast-al.storm flowage- regulations do not really exist. There is a big difference ~etween that and a coastal bank. Dr. Dunwiddie says this is not the type of coastal bank that is providing any sediment. That only leaves us with it is providing a vertical buffer. As I interpret what you represent to us, basically any land not going downhill from the ocean is providing a vertical buffer up to the 100 year flood line. Mr. Smith says. he thinks that was the original intent but they didn't anticipate the By-laws that would develop b~sed, on that. Thinks the original intent was if you have a land mass that encounters a 100 year flood it was to prevent altering or changing which might cause damage further back. Dr. Dunwiddie asks how could we alter this vertical buffer that could cause greater damage to the area further back? Mr. Krieger says the state laws are clearly interested in the stability of the bank. Here you are not adversely affecting the stability. ~ ~@ nw/cled paper t I / .- Town ofN"antucket. Conservation'.' '.Commission (508) 228-7230 'i ) 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for May 16, 1991 Page 13 Dr. Dunwiddie asks is it incumbent on us to demonstrate that there is. a question of the project's impeding the performance of this land form O-r.islt sufficient to say the land form exists and might be impeded. Thinks there are separate questions here. Mr. Perry says if you do choose to consider this a coastal bank and determine the project meets the performance standards and will not adversely affect the s~ability of the bank then you can allow it. The problem is i~ the local by laws where we have regulations that affect that and will require waivers for anything within th~ 25' undisturbed buffer and structures within 50 feet. Attorney Reade says a waiver is required for the project under the ~ocalBy-law. He is not suggesting no order of conditions should be issued on this site. We think that one three bedroom house is the proper way to respond to this w.a-i 'v't!Fi:n"-o Jee:t. - ----- p Mr. Wasierski asks if this is going to open up Pandora's Box wlth- other projects! Is Bt-ant-Polm, Delow Orange S't:ree't, to be considered below the coastal bank? Mr. Krieger says you are talking about 50' setbacks. There is quite a difference bet~een lQcal and state regulations. Hr. Perry says with a waiver you have to decide where reasonable lies. Attorney Reade says the coastal bank issue. and ~aivers are not the only issues. Also in question is thewe.tland scenic view. Mr. Perry says first we need to resolve the technical issue as we need a determinatiol"l regarding the coastal bank before we can get to other issues. Mr. Krieger says it does not follow that if there is no coastal bank found that you have accepted the project. But he feels that the toastal bank has such a significant impact on the project that it needs to be discussed at length before we can get to some of the other issues. ~ reevcled paper '. " Town of ' 'Nantucket '. ,"_. ,":-:'~,' "'_":',h}><.:"i:~,c';-~;',;'t:,':: ' '. " Conservation . Commission 10 South aeach Street N antueket,Massachusetts 02554 Meeting Minutes for May 16, 1991 Page 14 Mr. Perry says he had suggested they file a.determin..tion solely.to resolve where the coastal bank is located. How.ver, that would be appealed to the state and to superior cour~and the notice would be continued until the decision was made on the bank issue. The problem would be that no time will be gained. Mr. Wasierski asks what is the Board's pleasure? Dr. Dunwiddie suggests we poll the commissioners one by one on whether it is a coastal bank or not. Mr. Perry says under local regulations a coastal bank is the first discernable break in slope above the 100 year flood. First have to decide that it is an elevated land form.. That's the .definition ofa bank. Once you decide it is .abank then thatopof the bank should be the top of the face of the bank or abrea~ in slope above the 100 year flood plain elevat19n. Where we .o~_n' t ha.'l.fL..a _nice stra-i.ghJ;_~ank--Which has an Obvious top<to it, we go to the 100 yeac flood and say 6" back is a break in slope. , Mr. Wilson says this isn'.t based on fact. Mr. Wasierski says ,we've never looked up beyond the wetland edge seaward slope. Mr. Perry says in order to determine that line, we'd have to have another field inspection and have the S' contour flagged in order to find a discernable break above that. Mr. Wasierski says we need to find out if weare going to call it a coastal bank first. Dr. Dunwiddie says there's also the thought of where that coastal bank is likely to b~,if we de~ide there is one. Mr. Wasier-ski says we have to find a break in slope somewhere from the wetland to the beach. Dr. Dunwiddie says given the low relief already there just look at a contour map and see if there is a break in slope. @recycledpsper . .. Town of. Nantucket ConservatibrriComIIlission \' . ~--~)~~~~i:: (508)..130 I. I 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for May 16, 1991 Page 15 Mr. Krieger says you're getting into definitions of what's a discernable break in slope. Says he walked the area today and foundnodiscernable break in slope. Dr. Dunwiddie says he doesn't see the local By-laws as allowing the definition of the top of the coastal bank to be the 100 year flood. Mr. Krieger says he would like to point out again that the information they have received from the DEP indicates they have been trying to clear this up by creating definitions. As a way of doing so they have gone to slopes. It's not law but that's the approach th~y have taken at the state and regional level--"'to use criteria based on slopes. And their latest policy is anything less than 10 to 1 is not a coastal bank. Dr. Dunwiddie says he still doesn't see anything in the local By-law which allows them to come .up with anything other tftaC"n the break i n-sl()pe!~- - ------ - --- , Mr. Perry says if you feel this is an elevated land form. --_._..._-_.~...- -_...._~-- -- Dr. Dunwiddie says how can you call it not elevated, it's above sea level isn't it? Whether this is bad wording or not- -what it says is all we have to decide is if it's an elevated land form, it's a coastal bank. "Seaward face or side of any elevated land form other than a coastal dune, which lies at the landward edge of the coastal beach, land subject to tidal action or storm flooding or other wetland." It certainly does do all of it. So all we have to decide is if this is an elevated land form, if it's an elevated land form, it's a coastal bank. The seaward face, or side...this side faces the wetland, it's an elevated land form--subject to storm flooding. Mr. Perry asks Mr. Smith what his opinion is about this under the curTentdraft policy. Mr. Smith says it hasn't been acknowledged yet by the director of the program. Mr. Hu~phries says when the task force met to talk about coastal storm flow, Mr. Brandeis was also one of the writers and, speaking for him, his comments today indicate it was,not the intent of what we wrote 13 years ago to include this type . ) recycled paper t _. ;<' '. Town 'of.Nantucket Conserv~ti6ri"n;'c~rririti~si~~ ~.;;;<r~ (508) 228-1230' ,. Ii } 10 South Beach Street N antueket,Massachusetts 02554 Meeting Minutes for May 16, 1991 Page 16 OT landform as a coastar bank when the regulations were discussed. Attorney Melissa Philbrick speaks to the issue representing no Orie. Says if you are coming from a beach, if you're coming from sea level--the word elevated has to mean something other than holding back water. Dr. Dunwiddie says that is a very good point. Clearly there was an intent in using elevated other than meaning above sealevel. And 1 think we sort of agree that is what we all sort of thought. Asks if there is any guidance from the by- laws as to the use of the word elevated. Mr. Wasierski asks where the 100 year flood line enters the issUe and if it includes an eleva~ed land form. Mr. Smith says you don't usually have ~he same set of -ely-namics. inla.nd J'.:;-~-::it~r. __-1 Dr. Dunwiddie says it is somebody's idea of a reasonable probab n i ty of protet-ti fig most of the resources and nu:rstof' the people most of the time. Commissioners are polled and agree unanimously it is not a coastal bank. Mr. Krieger asks for a continuation to discuss all the other issues. Mr. Perry asks before the motion 1S made is anything specific wanted in house redesign. Attorney Moretti asks for a final contours plan. Mr Wasierski states that he would like tap see more detail on the driveway and limits of fill. Mr. Krieger says they don't have one as yet because they are still discussing alternatives on the first floor elevation. Will do worst case scenario. Mr. Perry suggests a reduction in clearing around the house. @ recycled paper \ I '~?)"B,l';<1,~~~'~~-n~~-l dJ.;''''~ ~.t / .. I Town of Naritucket Conservatiotl<'Commission _~;,)l,-_ _' ';{;".,'< (~>228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for May 16, 1991 Page 17 , Mr. Wasierski suggests information on scenic views. Mr. Krieger says the cleCiring has been modified. Also, the~ have elevations and photographs of the model and photographs from the various water bodies which they will bring to the next meeting. MOTION: To continue for additional information is made and setonded. UNANIMOUS 4~ Nantucket Bank - 100 Pleasant St. - (55-145) - SE48-652 Present for the applicant is Robert Emack of Nantucket Surveyors. Mr. Emack ~ays with regard to the 0 il separators he has looked intoit,and 5P,Qkewith .BrianDudley aj; ',Water '~o.IJution~, and as they aren't dispersing into the wet'land there are no' - requirements. Proposes use of absorbent pads in the catch basins.- Says somethi~on the r>at'lre of, a ry"- ....ys.t'l WOllJrl suggest need ofa gas trap with absorbent pillow. Couldn't think of a way to vent up to the parking lot so wants to suggest using the present trap more as a debris trap in conjunction with the pads which don't absorb water, just oil. Not sure if under normal use it will need to be changed but should it have to be changed it will be hazardous waste. The commission may want to request routine checking. 1 Dr. Dunwiddie says there must be a recommendation from the manufacturer" Mr. Emack says hets getting a catalog. Mr. Wasierski suggests with a maintenance schedule we could propose somethi,ng and two years down the pike perhaps the interval could be lengthened. MOTION: To continue for additional information is made and seconded. UNANIMOUS 5. Lane - West Chester St. - (41-478) - SE48-653 /-;l;', '.!i recycled paper Town.oJ .Nantucket . ;..<'_L(d1:.1 "%;'.'~'-/:';,~",~,-t ~ ',- Conservation Commission . (508) 228-7230 10 South Beach Street N antueket, Massachusetts 02554 Meetin~ Minutes for May 16, 1991 Page 18 . Mr. Perry notes this is awaiting HOC review. MOTION: To continue at the request of the applicant is made and seconded. UNANIMOUS C. REGULAR MEETING 1. REQUEST FOR DETERMINATION a. Wannacomet Water - Meadow View Dr & Wamasquid PI (56) Present for the applicant is David Worth. Mr ." Perry says the hearing is, after the fact and that they hava')extended their water I ines down' Meadow View Drive to Wa"'i:~q~,duPla.ce.-=--u~--- __u_ . _ __ _~_ MOT ION:' uut. will To issue a, negative determination subject to IIU I.. a :tter i s'made-and- se~() "ded .-- UNANIMOUS 2. ORDER OF CONDITIONS a. Greenberg - 21 E. Tristram's Ave. SE48-557 - (31-3) Present for the applicant is Attorney Melissa Philbrick and John Shugrue. Mr. Perry says we have received a revised plan which ctlrrec;ts a drafting error wHich lost 30-feet between the bank and the house. Continues that changes have been made to the order of conditions asfol1b,ws: #14 to identify the revised plan dated 5/14/91 and to make sure there is a 25' undisturbed buffer to the driveway. #15 to identify the revised plan received 5/14/91. Mr. Willet asks Mr. Shugrue if he has any comments on the order. @ recycled paper \ I "1,)"~:;:'';A\7~;;Z;;.;i>;;~::c;~''~'- - "~~~f'r-bt!L3J:.t,,~,":. ~; .. Town of ,Nantucket ConservatH,n .CommisSion .---~ (508).~~~ 10 South Beach Street Nantucket, Massachusetts 02654 II 1 Meeting Minutes for May 16, 1991 Page 19 Mr. Shugrue says he went over it with Mr. Perry and if he did everything we discussed, he bas no problems whatsoever. MOTION: To issua t~~~rder as drafted with noted changes was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS GREENBERG ASSOC~~TES REALTY TRUS~ DE~FIL.;~!\JER SE4B - 557 ASSE~O~.~;JtlAft',31, PARCEL 3 21 EASjT~';~J~AM AVENUE UNDER THE MASSACHtJSE;rT$,~~TLANDS PROTECTION ACT ( 'MGJ.,... CHaPT~IiJ,~~1 II SECTIOI\i 40 ) AND THE WETLANDS. BY~~~pF. . THE TOWN OF NANTUCKET ( CHA~~ER 13b ) 3-.=::c=Eursuan-t--to Ge-ne-r<H~~"ntj j t-; ('\n Numb-er~ 8-,-_J:..h i c;; nrrlpr nf Conditions must be registerad in the Registry of Deeds Nantucket and proof of re~ording shall be submitted to Commi'ssion, 1JTilJ..-to-cornrn~f.lCemen1;-of- any work approved this Order. for the in 4. Prior to any activity at the site, a siltation fence or a line of haybales shall be staked 25 feet from the edge of the established wetland boundary to the south of the project site, or ata higher elevation, and between the ditch and the project 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 giyera, so- as to allow Commission members time to inspect all siltatjon devices. The siltation fence or haybale line, erected to prevent siltation of the wetland during construction, will also serve as a limit of activity for work crews. It shall remain in good repair during all phases of construction, and it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the Commission. 5. An as-built plan, signed~('Id stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed /~ recycled paper t r / Town of~9-J1tuck~'t Conservation Commission :' (508) 228-7230 I. I 10 South Beach Street Nantucket, Massachusetts 02554 Mee:ting Minutes f~r May 16,;1991 Page 20 .-;p.'"",", " /.k'o!;,. : plan differs from the fina I approved plan. The:;l:;tt!ls-bu i It plan shall include, but not be limited to, the fOllq~~119: any pipe/culvert inverts for inflow and outfalls;< ~~~eslope, size and composition; location of dtherdraina~~i~i'structures and their composition; limits of fill or altel"a~J;on; location of all structures and pavement within 100 feet\.~wetland; the edge of the wet land; the grade contours wi to;tn 100 feet of the wetland. 6. Members, employees, and agents of theCommissi<>Pishall have the right to enter and inspect the premises to;evaluate compliance with the conditiOns and performal"lc~ '1iandards stated in this Order, the Nantucket Wetlands'~,the Regulations promulgated under the Bylaw, thEk~ chusetts Wetlands Protection Act, andperti~eht Mass~ch ts regulations (310 CMR 10.00thrbugh 10.99). Th.. mmission may require the submittal of any data deemed n,~~ssary by the Commission for that evaluation. HLi! ;c'o,.", i eel ~ 7. The applicant, owners, successor7> or assignee~!!hall be responsible for maintaining anyon-site drainat!i,5tructures and outfalls, assufi-rig the lasting -integritVcffJ~egetatlve cover on the site and monitoring site activiti~soas to prevent erosion, siltation, sedimentation, cheltl~c:al contami nat ion or other detr imental impact to~~:'lon-si te or off-site resource area. It shall be the resPP~~bility of the property owner of record to see that the, ',n.!~~tenance conditions are complied with as required by th~~~'order. .:,;i-,:. 8. This document shall be included in all constru~j;ion contracts and subcontracts deal ing with the work propose(i;;and shall supersede other contract requirements. 9. Used petro leum produc ts from the mai ntenance o~',;.tonstruct ion equipment, construction debris, and unused pa,i; land paint- related products shall be collected and dispo's j.bf responsibly off the site. No on-site disposal! these items is allowed. 10. Dust control, if required, shall be limited t'o;:w.ater. No salts or other wetting agents shall be used. L:!' '-'. ;""',,' 11. Any refuse material found on the site shall beI':~::*!sposed of at an appt-oved landfi 11 and in no case may these ".~erials be buried or disposed of in or near a wetland. @ recycled pa'lper I / Town of Nantucket Conservation. Commission -' (508J~O 10 South Beach Street Nantucket, Massa.chusetts 02554 Meeting Minutes for May 16, 1991 Page 21 12. This Order of Conditions shall apply to any successor in interest orsucce~sor in control of the property. 13. In all cases, no part of any structure, including decks, shall be closer than SO feet from the wetland boundary to the south or'50 feet fro~ the top of the coastal bank to the north. 14. There must beat least a 25-foot undisturbed buffer zone adjacent to the wetland boundary to the south of the project site. Except for the walkway and stairway, there must be at least a 25-foot undisturbed buffer zone landward of the coastal bank. 15. No portion of any driveway or parking area may be closer than 25 feet to the wetland boundary or the top of the coastal bank, and any dr i veway or park ing area must be constructed o.f per'\,ious materia-l-. PIe-sse-note that-::this com:trti-on t-a:kes--- precedence over the approved plan d,-awn by John Shugrue, received by the Commission May 14, 1991. This project has not been granted a waIver from the c:J-footsetbac::k expTiuneo----- above. . 16. Notwithstanding the applicant's plan, drawn by John Shugrue and received by the Commission August 24, the walkway to the top of the bank may be placed directly on the natural vegetation, but no cutting is allowed except to keep the walkway clear. The stairway to the beach must be 3 to 4 feet above the face of the bank. 17. All underground utilities leading to the house must be installed in the existing roadway. 18. The ridge height of the house shall not exceed 27 feet above existing grade. 19. The installation of the water line is to be done through the use of a "ditch witch It type of machinery. No heavy machinery is allowed. 20. After installation of the water line through the ditch, the existing contours and ditch bottom elevation will be restored, the banks stabilized and replanted with native species. '-~ recycled paper Town.,qf'-Nantuck~t Conservation Commission -, J (508) 228-7230 10 South Beach Street Nantucket, M8$Sachusetts 02554 I. I Meeting Minutes for May 16, 1991 Page 22 21. To minimize adverse effects on wildlife, the use of any pesticide or fertilizer more than 15 feet from the house is prohibited. 22. 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 Regulations, promulgated under MGL Chapter 131, Section 40, require. that no coastal engineering structure, such as bulkhead~ r'evetment, or seawall, shall be permitted on an eroding bank at anytime in tHe future to protect the project allowed by this Order of Conditions. ### b. Bennett- 22 Lily Street - SE48-650 -(42.4.3-91> --Mr-. Perr'f' ---::;3'1:: he went- -to.--M-r ~-Bennett. shay_it t-o-day-t-o ask if he was happy with the order<:lnd he is. Notes the work has been done already. MOTION: To issue the order as drafted was made and seconded. . UNANIMOUS ADDITIONAL SPECIAL CONDITIONS DouglasF.Bennett DEP FILE NUMBER SE48 -bSO ASSESSOR'S ,MAP 42.4.3, PARCEL 91 22-Lily Stree~ UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ('. MSLCHAPTER 131, . SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) 3. Pursuant to General Condition Number 8, this Order of Conditions must be registered 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 staked along @ recycled paper activity at the site, a snow fence shall be t~e upland edge of the established wetlands t Town of Naptuok(at Conservation Commission J . ,', . . (508),~~1~ t ...",....: \. I 10 South Beach Street Nantucket, Massachusetts 00554 Meeting Minutes for May 16, 1991 Page 23 boundary, or at a higher elevation. After the fence is installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for 48 hours after said notice is given, so as to allow Commission members time to inspect all siltation devices. The snow fence is er~cted to prevent siltation of the wetland during construction and wi 11 also serve as a I imi.t of activity for work crews. It shall remain in good repair during all phases of construction, and it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the CommIssion. 5. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs ,fromthe final approved plan. The as-built plan ~shall-i-nc: rud~. -but not be -l-i-m i-ted to, t/"le>fo 11 o loti nEJ+- -}-i mi tc::. of fill or alteration; location of all structures and pavement within 10~feetof wetland; the edge of the wetland; the--qT"ade-l::-orrtour$ wt'ttfil'l 100 feet of the wet land. - - --- 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 'jCommission fbr that evaluation. 7. The applicant, owners, successors or assignees shall be responsible for maintaining any on-site drainage structures and outfalls, assuring the lasting integrity of vegetative cover on the site and monitoring site activities 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 t . / . . l. " ,. To.wn of Nciritlicket (-'-' "" ',: - ""'-:' Conservation' Commission (508) 2~g.,7280 I. I 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for May 16, 1991 Page 24 8. This doeument shall be included in all construction contracts and subcontracts dealing with,thework proposed and shall supersede other contract reqt,jiremer)ts. 9. Used petroleum products fro.mthe maintenance of construction equipment, construction debris, and unused paint and paint- related products shall be collected and disposed of responsibly of~ 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 o~ 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 inte~st or successor in control of-the prooerty. 13. All excavated materlals,shall not be placed or stockpiled within-any wetlands on the proper-ty.-- 14. Natural vegetation between the wetland edge and the project site shall be left intact except wher-e it is necessary to temporarily use this ar~a. After construction, any disturbed area within this buffer area shall be replanted with native plants. - 15. To minimize adverse effects on wildlife, the use of any pesticide or fertilizer more than 15 feet from the house is prohibited. 16. The proposed wooden walkway a.roundthe pond shall be constructed of non-le.~hinQ wood pr;oducts;be elevated between 12 and 18 inches above the existing grade; have board spacing of approximately3/~ of ah inch. 17. All other vegetation below the wetland boundary (edge of lawn> shall be left undisturbed and not trimmed or thinned further. ### @ recycled paper / Town of,.,.,l'IClIl'thlcket Conservation' Commission (508)228-7~,c) 10 South Beach Street Nantucket, Massachusetts 02554 Mee~~ng Minutes for May 16, 1991 Page 25 c. Okonak- 35-37 Rhode Is. Ave.-SE48-649 (60.3.1-139";"'145) Present fo~ the applicant is John Shugrue. Mr. Shugrue questions condition 16 (numbered incorrectly) which states the project is between two barrier beaches. Says the whole island is between two barrier beaches. Generally, h~ disagrees with the findings in the addi~ion beingddenied. Mr. Perry says there was more of a consensus for an vertical addition rather than for going horizon~ally. Mrs. Hussey ques~ians #15. Suggests looking at the project in a couple of years to see what is happening. Mr. Shugrue asks if the Commission will require removal of the addition at that time? Mr. Perry says it states a concern of the commission. Mr. Wasierski says maybe in a couple of-years ff-ther-e-is--- no problem they could add on to it. MOTION: To issue the order as drafted with numbering corrected is made and seconded. .. ~_.- UNANIMOUS ADDITIONAL SPECIAL CONDITIONS .JamesR. Okonak Trust DEPFILE NUMBER SE48 - b49 ASSESSOR'S MAP 60.3.1, PARCELS 139-145 . '35--37 Rhode Island Ave. 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 Conditions must be registered in the Registry of Deeds for Nantucket and proof of recording shall be submitted to the Commission, prior to commeneement of any work approved in this Order. -') .,; recycled paper . Town 01 Nantucket Conservation CommissIon 7' .. .. . ., ~_ '~,: (50s) 22&.7~D' ..' 10 South Beach Street Nantucket, Massachusetts 02554 t. I Meeting Minutes for May 16, 1991 Page 26 4. Prior to any activity at. the site, a snow fence shall be staked along the upland edge of the established wetlands boundary, or at a higher elevation. A~ter the fence is installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for 48 hours after said notice is given, so as to allow Commission members time to inspect all siltation ~evices. The snow fence is erected to control windblown debris during construction and will also serve as a limit of activity for work crews. It. shall remain in good repair during all phases of construction, and it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the,Commission. 5. An as~built plan, signed and stamped by a regi$tered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the c;Am~i,m~ A-C;-., w,J"-i-+'i:~n r~quest fat:' a.-Certificate of Compliance and shall specify how, if at all, the completed plan differs from the final approved plan. The as-built plan shall include,---out-no-t-be +imrted-to, the following: location of other drainage structures and their composition; limits of fill or alteration; ~ocation of all structures and pavement within 100 feet of wetland; the edge of the wetland; the grade contours within 100 feet of the wetland. 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 Nantuc~et We,tlands Bylaw, the Regulations promulgated under the Bylaw, the M~ssachusetts Wetlands Protection Act, and pertinent Massachusetts regulations (310 CMRI0.00 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 sit~,activities 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 @ recycled paper \ Town of Nantucket Conservation, ,'Commission (508) 22&-1230 10 South Beach Street Nantucket, Massachusetts 02554 \. , Meeting Minutes for May 16, 1991 Page 27 the property owner of record to see that the maintenance conditions are complied with as required by this order. 8. This document shall be included in all construction contra~ts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 9. Used petroleum products from the maintenance of construction equipment, construction 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 l,imited 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 approvedli:lndfill and in no case may these materials be buried C?r~dj.sp-esed of in or near_a~etland. 12. This Order of Conditions shall apply to any successor in "" _ ~--~inte-l=-eSt-or-slJccessor in control of- the proper ty. 13. Natural vegetation between the wetland edge or snow fence line and the project site shall be left intact except where it is necessary to temporarily use this area. After construction, any disturbed area within this buffer area shall be replanted with native plants. There must be a 25- foot undisturbed buffer zone on the upland side-of the wetland boundary. 14. To mi,nimize adverse effects on wildlife, the use of any pesticide or fertilizer more than 15 feet from the house is prohibited. 15. The project approved under this Order is for the construction of a second story over to existing footprint only. While this addition is approved, there ia still concern among the Commission over the potenti~l adverse of effects of changed wind flow patterns and the destabilizing of the adjacent dune. 16. The existing cantilevers, allowed. . .:9 recycled paper footprint includes all decks, stairs, overhangs, etc. No additional horizontal expansion is ~ I / '. I Town of Nantucket Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for May 16, 1991 Page 28 17. Contrary to the final submitted plans, the proposed addition of a garag_,studio, bath, etc~ on the northeasterly side of the existing dwelling is hereby denied. The Commission sites the sensitive location of'the ar-ea between two barrier beaches; the substantial recent landward migration of the dune sand and dune in the area; concerns about storm damage prevention and flood control. 18. The applicant has submitted evidence to the Commission that the existing septic system, with a design capacity of 300 gallons per day and installed in 1974, has adequate capacity to handle the flow frbm the additional bedroom to make the total number of bedrooms allowed in this dwelling to be three (3) . 19. It is unclear ifthe~xis~ing septi~ leach trench system has SUfficient separation from the groundwater to meet Title V. 20. The number of bedrooms in the dwelling shall be limited to three (3). This condition shall be considered on-going and not expire with-the--rssuance 01 a Cer'Clflca'Ce of Compliance for this project. 21. No coas~al engineering structure of any kind shall be permitted on the pro~erty in the future to protect the p\""oject allowed by this Order. ### 3. CERTIFICATE OF COMPL!ANCE a. Dooley - SE48~433 - (55-422.6) Mr. Perry recommends the certificate not be issued as vegetation is still needed along the road. MOTION: To not is~ue the certificate is made and seconded. UNANIMOUS b. Booker - SE48-420 - (80-41) @ recycled paper / / Town of Nantucket Conservation Coinm1ssion (508)_723(r,;, .;- - ,-~ 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for May 16, 1991 Page 29 Mr. Perry says he has scheduled this for inspection next - week. MOTION: To continue for inspection was made and seconded. UNANIMOUS 4. EXTENSION a. Brooks - 63 W. Chester St.- SE48-502 - (41-222) Mr. Perry says he has scheduled this for inspection next week. MOTION: To continue for inspection was made and seconded. - - UNAN I MOt:JS--- . b. Johnson - Almanac Pond Road - SE48-483 - (25-14) Mr. Perry says he doesn't believe we can issue an extension. Says the notice is for two structures and we issued a Notice of Non-significance and there is really no way we can extend it. He has suggested they file a determination to see if it is now within our jurisdiction as things have changed since 1988. If the commission agrees he will write a letter requesting they file a determination. MOTION: To send a letter requesting a Request for Determination be filed is made and seconded. UNANIMOUS 5. OTHER BUSINESS a. Polpis Bikepath Inspection Friday, June 7 b. Harris-19 Baltimore -SE48-622-(60.2.4-85-88) minor mod Present for the applicant is Robert Emack, Nantucket Surveyors. ~ recycled paper t I Town of Nantucket Conservation' Commission " (508) 22&;7230.. 10 South Beach Street Nantucket, Massachusetts 02554 ,. } Meeting Minutes for May 16, 1991 Page 30 Mr. Perr;y says this is a minor modificati:on to put a brick patio between the house and the top of the bank. Adds the original request was to raise the house to add a foundation and to replace the septic system. Asks how they plan to access the patio from the house because there is no door out of the building. Mr. Emack says he doesn't know. MOTION: To allow the minor modification _is made and seconded. UNANIMOUS c. Greenhill-16 Hoicks Hollow -SE48-598- (23-1) minor mod Mr. Willet abstains from the discussion and the vote. . Prs$en..t-for--th.e -a.pp.l-i.c.ant. is Attor-ney"~l-is5a phi lhri(""k who shows a plan which proposes to put a fence between the greenhouse and the house, linking the main house, garage and . --:gardeo -shecr;--:-She- reads her letter requesting the modific::a.tion. MOTION: To approve the minor modification to add a fence is made and seconded. UNANIMOUS d. Bailey - 82 Union St. - SE48-513 (55.1.4-40) minor mod Mr. Perry says this request to add a fence to separate the dogs and ducks was previously discussed. The new owners are now formally making a request for this minor modification. MOTION: To approve the minor modification is made and seconded. UNANIMOUS e. Barnside-High Brush Path-SE48-612(56-381,382)minor mod Present is Charles Gibson. @reCYCled paper \ . Town of Nantucket Conservation 'Commission (508)$'2aO 10 South Beach Street Nantucket, Massachusetts 02554 t. I Meeting Minutes for May 16, 1991 Page 31 Mr. Perry says th-e request for a minor modification is to square off the building envelope and also to clean out junk metal from the wetland area. In order to remove it he will hav~ to cut some brush~ Mr. Gibson provides photos of the items scattered in the wetland vegetation. MOTION: To allow the building envelope to be squared off and allow removing trash from the wetland is made and seconded. UNANIMOUS f. Doucet te - 18 Grove Lane - SE48-601 (41-441) ,app,eal Mr. Perry says that DEP withdrew the appeal so our Drder stands. ~ g. Madaket Bridges - SE48-427 - minor mod Present for the applicant is Jef,f Willett,-DPw.--- Mr. Perry says this is a minor modification to change the culverts from pile driven wooden bridges to box culverts. Notes they are narrower in width. They also plan to straighten out the bike path. Dr. Dunwiddie asks why the change. Mr. Willett says the cost of the bri~ges is $1,000,000 vs. $400,000 for the culverts. Mr. Perry says they didn't want the channel under wood$n bridges to be any greater than the cross section of the culverts as they didn't ~ant to increase the water flow. Dr. Dunwiddie says he has been told that all the cattail growth in the north head of Long Pond has transpired since 1938. Much of the invasion occurred after they changed from the old b~idgeto culvert. Thinks water flow potentially would have a significant impact on the north head of Long Pond. \. '-::; recycled Pliper I / Town of Naritucket Conservation Commission (508) ~7230 10 South Beach Street N a.ntucket, Massachusetts 02554 Meeting Minutes for May 16, 1991 Page 32 Mr. Perry says the culverts are collapsed and the water is blocked. Mr. Willett says at the second bridge only two are really functional and a third is partially functional so the flow is closed off substantially. Says six culverts are coming out and a single span will be put in. Dr. Dunwiddie asks where the water level will be. Mr. Willett says it will have a natural condition for fish migration, initially of over time silt and sediment will come in. fall with the tide. bottom as a crushed stone but I t wi II rise and Dr. Dunwiddie asks if the Division of Fisheries has the approved ,design. Hr. --~~i llctt =ays yes. n-AOds~-t~ea of impac:t4s between two forms. The culverts will reduce by 50% the intrusion into the neighboring wetlands and can be built in 1 or 2 di:lys-. Says they are gOl.ng to apa some guararal.ls tOlJr-event people from parking on the edges of the culvert but there still will be parking. .. Dr~ Dunwiddieasks if we know if the alu~inum culvert will do bet~er in brackish water than cement and what will be the determining factor. Mr. Willett says they are certain it will do better and cost .is the determining factor. Adds he has recently read an engineering study of the effect of brackish water on prestressed con(:l"'e.te panels on a bridge in Florida which concluded it db5s01ves. Says the old culverts were corrugatedsteelar'\d after a few years in the brackish water they disintegrated. Dr. Dunwiddie says he recently read of an epoKY that can be applied over the reinforcing bars to prevent deterioration in this type of environment. Suggests this might be considered and it is preferable to invest the additional money to have something that lasts. @ recycled paper - ,.. . . Town of Nantucket ConservatiOfiCommission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for May 16, 1991 Page 33 Mr. Willet says he thinks the aluminum will last and knows of no complaints of aluminum de~eriorating. Notes boats are made of aluminum. MOTION: To accept the minor modification to allow a culvert instead of a bridge is made and seconded. UNANIMOUS Mr. Perry says an item that he would like to mention that did not get on the agenda is Bruce Poor's Enforcement order. He was out there Tuesday and the silt fence and hay bales have been put around the areas we were worried about. Recommends a vote to rescind th~~nforcement Order. MOTION: To rescind the Enforcement Order is made and seconded. -1JNAN I MOllS _.. _, _ t' Mr. Perry also notes that the commissioners have been given .:l dr.:lft pol iC'1 an-conser-vatiCH'l---re$-t-r~ti~aJ'ld says the Land Council would like our opinion. They would like to get a policy to the Board of Selectmen so they can be a little more consistent. Mr. Perry asks if the commissioners want to express their opinion in the selection of a new Town Council. The commissioners discuss and agree they would prefer to stay out of politics. 01-. Dunwiddie says he would like to raise an issue. Proposes the commission do something when lack of action causes a wetlands problem. States the case of two houses falling into the ocean at Cisco and the resulting debris. Believes an enforcement order is appropriate. Mr. Was iersk i says it cou,ld be issued when the beach erodes to within 50' of the house. Asks what they did in Chatham. Mr. Perry says if they get an enforcement order to move the house people will say they don't have $20,000 to do it. :0) recvcled paper t t ~ , - Town of Nantucket ;;.;' . :;'-.f;:~" - ,",: '-, '''' 'f - -~~_ Conservation' Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 I. J Meeting Minutes for May 16, 1991 Page 34 Mr. Willet suggests Mr. Perry research. 6. CORRESPONDENCE 7. MINUTES: for May 2, 1991 Mrs. Hussey comments that on page 6 it be added "Mrs Hussey and an abutter had a concern." MOTION: To accept the minutes with noted change was made and seconded. UNANIMOUS 8. BILLS TO BE PAID 9. FIELD INSPECTIONS - Tue~day, May 28, 1991, 4:00 pm MOTION: At 10:15 p.m. a motion was made and seconded to adjourn th~ meeting. UNANIMOUS @' recycledpaper \