HomeMy WebLinkAbout1991-05-30
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Town of Nantucket
Conserva tionCornmlssion
(508)228-7230
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10 South Beach Street
Nantucket, Massachusetts 02554
The meeting was called to- order at 7:05 p.m. in the Large
Group Instruction Room of the Nantuc::ket High School.
Commissio\1ers present were Laur-aHus$ey, Henry Wasierski, Donald
Visco, Daniel Kelliher and Peter Wilson. Also present were Bruce
Perry, Administrator, and Lucia;,Wyeth~ secretary.
B..:.. COMMENTS AND'. QUEST IONS FROM PResS~ ,AND PUBL I C
~ PUBLIC HEARINGS
1. Gamble - 90 Pocomo Road ~BE4e~654 - (15-43>
Mr. Perry says the architect called to say he will be here for
the next meeting. Requested it ~be continued.
MOTION: To continue at the request of the applicant
is made and accepted.
UNANIMOUS
2. Burke - 37 Gardner Road -SE48~645 - (43-85)
Present are Coleman Burke, Jeff Krieger, Architect-,-and
John Shugrue.
Also present are Attorney Arthur Reade representing
abutters Ka.rp, LeFevre, a.nd Tucker ; Les. Smitho,f Daylor
Consulting, and Attorney David Moretti representing abutter
Cr-osby.
Mr. Krieger says the previous meeting concluded with a
vote by the commission on the presence of a cQastalbank on
the wetland side, which occupied pretty much three pr-evious
hearings. Now that a deterpination has been made about the
lack of the existence of a coastal bank, would like to begin
by briefly reviewing the project.
There were questions raised last time regarding additional
information on the septic system, proposed road relocation,
amount of fill and worst case scenario and we have drawings
and data to answer all those. Reviews history of ihitial
Notice of Intent. Notes this is a new project and they would
like the commission to consider it on its own merits. They
feel this proposal has no worse an impact on any of the
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Town of Nantucket
Conservation Commission
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 2
previously approved; however it is a different project and
requires discussion on several key issues.
Presents the ~ite plan which has a main three bedroom
house with porch on the front and a secondary structure which
will be a boathouse and garage and single apartment above.
The septic system is on another drawing in far more detail and
will be introduced by Mr. Shugrue. Notes it is an extremely
tight site and they have wo...ked very hard to maintain the
required distant:es from the resource areas. We have a coastal
beach, a coastal bank along the harbor side, a saltwater
wetland and land subject to coastal storm flowage up to the 8'
contour and this proposal meets all of the local by-law
setbacks as far as vegetated buffers and distances to building
structu...es from everyone of those resource areas. They have
one new drawing which shows elevations of the house from the
three most prominent sides. The drawing hasn't changed but as
they have done more work on the septic system they have
adjusted firstflooreleva~ions-a 14t-tle and they wanted --t-o.be
sure the drawing accurately ...eflected the elevation figures
that are now on the plan. Notes the plan changed two meetings
ago. They naven"t moveo 'tne nouse; the Site plan lS still
accurate. The first floor elevation as proposed is now 13'3"
and that is done to get the proper gravity feed to the septic
system. There is an approved septic system on file which has
only 4' of clearance above ground water and has a capacity to
support up to a 5 bedroom house. They are proposing a
completely new system which is in compliance with Title V as
well as the local by-laws and would have 6' of clearance above
groundwater. The additional groundwater clearances has
caused us to raise the first floor elevation to some extent
above the old order and also above what was initially
presented. .
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M.... Shugrue submits plans of the proposed system and
reviews the detail of the septic system. Says they have
raised it ~ little more than 6' abcive ground water as he
wanted to keep it out of the 8' flood contour. The bottom of
the trench will be right at 8'. They are proposing 3, 40'
trenches side by side, 102' from the nearest wetland and 130'
from the top of the coastal bank, essentially in the same area
of the approved system. Says there is 2 1/2' mounding at the
maxim~m. Notes they did another perk test which is slower
than the previous one.
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Town ~~./l~t~pket
Conservation Commission
(508) 228-723(1
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 3
Mr. Krieger says he knows in a project this close to the
wetland the septic system isasignificant concern and since
they are asking for a.n additional bedroom they felt it
incumbent to design a system that would meet current
regulations.
Mr. Shugrue says there is 28' between the boathouse and
the septic tank. The top of the pipe will be a' below the
first floor. This design also will prevent any further
plumbing additions to the east.
Mr. Wasierski asks what is wrong with using a lift pump to
lower the height of this house.
Mr. Krieger says the purchaser is reticent to use a pump
because of poten~ial mechanical failure on such a system. He
iMagines a genera~or. would also be necessary with such a
system and any time a gravity system is possible and doesn't
have any ad-v.e-r:ii-e- -affact-on the. i nte+~sts- o.:f -the-b-y=1-aws he
thinks it is better than a mechanical one, particularly in a
seasonal dwelling.
Mr. Kelliher agrees a lift pump could be a problem.
Mr. Perry says if a lift pump is used the first floor
elevation could be dropped down 2'.
Mr. Krieger says ~he eleva~ion slopes from 11' down to 8
1/2'. Adds they are still studying the contours and they
tried to draw what they thought would be a maximum amount of
fill. They are trying to limit the fill to the 100 year
flood plain and that tends to squeeze.the contours on the
easterly side of the house. Continues to point out the
relation of the ridge height to the neighboring properties.
The height of the fir-st floor elevation is 13'3~ with the bulk
of the house ridge line at 38'9~ which is a5'6~ above the
first floor. Then there is an additional section less than
20', that sticks up an additional 2' so the highest point on
the house is a7 1/2'above the first floor and this high point
is still 6' below the ridge of the adjacent house which isn't
including the widow's walk.
Mr. Perry notes it's not that smooth a grade going up to
the house.
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. Town of Nantucket .
Conservation Commission
(508) 228-7230
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 4
Mr. Krieger says the 'top of the bank where he is measuring
from is relatively smooth; they have not included the
vegetation on the drClwing so as not to hide the house behind
what is actually 4' tall shrubbery. Shows photograph of
extended south shore which goes up to a level of 25-30', and
how the bank relates to the other houses, most of which are 2
1/2 stories. Says they recognize the sensitive nature of the
site from the water and notes the ridge height is lower than
several others.
Mr. Wasierski questions the size of the boathouse; says it
seems to be more than what a boathouse should be.
Mr. Krieger says Mr. Burke has 2 boats and 2 cars he wants
to keep under shelter and he also wanted an additional bedroom
as he has a family of four children. Notes putting the fourth
bedroom ovE?r the garage enables them to reduce the length and
impact of the main house.
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Mr. Wasierski asks if the previous approved plan allows
one, three bedroom house.
Mr. Krieger says the original request was for two, five
bedroom houses and the order ended lip being one, three bedroom
but the septic system was approved for five.
Mr. Perry says the approved old septic system design would
under today's standards barely handle a three bedroom house
with the 50% reduction in th~ new perk rate.
Mr. Visco says the slow per- rate is better; also notes the
leech field and tank is out of our jurisdiction; doesn't think
we should make an issue of it.
Mr. Krieger says the other reason for the boathouse is to
try to break up the overall mass of the two dwellings.
Mr. Wasierski says he feels a boathouse is a boathouse; a
second dwelling on the lot is another subject. Either it is a
boathouse or it is a second dwelling.
Mr. Krieger says each department seems to look at it
differently.
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:Town Q,fNa.ntucket
ConservatibnCoIlurtisslon
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 5
Mr. Visco says once it has facilities for cooking, eating
and sleeping, it is a second dwelling whether it is a
boathouse or a dog house orwhstever it is, it now comes under
the heading of second dwelling.
Mr. Krieger says we have figured the system on the
drafting plan to that second dwelling.
Mr. Wasierski compares to the overall square footage as
opposed to the old building envelope. Notes it is larger;
questions the size of the deck and the length of the house.
Asks if the deck could be narrower and shorter in the
east/west direction to try to hold it more in line with the
original footprint that was allowed.
Mr. Krieger says what was approved is a 40' x 80'
footprint, nearly 200 sq. ft. on one floor. What we have
including the structures and the deck is 4100 sq. ft., of
wh ich about 800 i ~ rnrrh, . ~o we have 3300 _sq .~J~t. heated, --
enclosed space. Says it is 900 sq. ft. larger, a substantial
portion of which is the porch which is about 10' wide, not
counting the posts--anLl !::It.ep~. It. i::'dLuut. 5::;' flum LIlt::' tDfJ uf
the bank so is further b~ck than the minimum requirement. If
they made the house not las wide but deeper they would be in a
situation where they would have to start doubling up rooms on
either side, one looking towards the marsh, one looking
towards the harbor. They are trying to allow for natural
cross ventilation to every room so they have made the house
only one room deep. Says itis narrower than the 40' by 80'
envelope that was approved, even with the porch. Another
thing this does is keep the ridge height down. If they went
to 40' and kept the same roof slope, the ridge height would go
up several feet. Notes on the harbor side they have brought
the roof line down to the first floor and put a dormer in the
roof. They have purposelY designed the house in sections so
that from the harbor side you have the first floor elevation
set 10' back with an overhang and the rest above the roof to
minimize the visual impact.
Mr.Wasierski asks if they have done any calculations to
determine the amount of fill needed for the contour lines
around the house. Also asks if there will be any landscape
screening which will break up the view from the water, which
is the public way to the house.
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Town of Narttucket
Conservation Commission
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
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Meeting Minutes for May 30, 1991
Page 6
Mr. Krieger says in terms of the fill t~e maximum that
would be required to build the-house which isa slab on grade
is 1150 yards which includes the mounding of the septic and
the boathouse. In terms of landscapping and vegetation they
have indicated where the undisturbed buffers will be on the
original site plan. Notes they are maintaining a 25' minimum
buffer between the house and the bank and it is several feet
high. The buffer increases in width in the northwest where it
is almost 40' deep and on the east in front of the house it is
about 35' wide. The limit of work line is 25' from the top of
the bank at its narrowest point and continues around to the
marsh. So there is a relatively limited area that would be
other than the buffer zone. Doesn't think the lawn, which
would be immediately around the house, would be visible from
anywhere. No~es he was there 2 weeks ago and the current
vegetation is virtually impassable
Mr. Wa.s i ersk i says he has another quest ion about the
~Telocation _of the ro-.adas to~_grjide: and con_~ours~ Wi_~L 1=he
road, where it is at or below the contour, help to act as a
buffer?
Mr. Shugrue says they propose to have the road follow the
natural contour and then will join the existing one before it
gets to Crosby's property.
Mr. Krieger says they do not.think the road relocation
will have any adverse affect on any of the re.ource areas and
notes a good portion of the road now is below the 8' contour.
They don't think they are making the situation any worse and
are actually going to improve the road in terms of its
construction.
Mr. Shugrue says that the work area will be limited pretty
much to the width of the road which is the gravel surface plus
2' on either side and that, due to the dense vegetation, he
doesn't think they even need a siltation fence between the
edge of the work area and the wetland. Says that one road or
the other will be passable at all times during construction
Mr. Krieger says they have proposed a silt fence,
primarily for the roof run-off from the house.
Mr. Wasierski
roadway.
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asks if the electric is to follow the
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Town qf :Nantucket
. /<,-if' ',' ; _ ' ; ~
Conservation Commission
(508) 2~-7230
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page ....,
Mr. Krieger says they don't know for sure.
Mr. Smith says he has provided a letter with plan dated
May 30, 1~91, which. reviews and rest'ates their previous
assertions that the southeast portion of the lot should be
identified as a vertical buffer type of coastal bank.
Says this is especially important now as we are seeing a
plan that shows filling right up to the 8' contour. Says the
commission's determination of it not being a coastal bank has
larger implications in terms of setbacks and believes they
were thinking more of the significance of the land form in the
public interest rather than the actual definition of a coasta:
bank under the regulations. Says you can still issue a waive~
if you ~eel the public interests are protected; you can limit
the proposed project. They would also like an opportunity to
review the plans that were submitted tonight, to include the
-finar~con-toUI 5- ci~ t.rrey are being- Pi oposed.
!1r. ~l:Iug.!"l:!.e__present~ a letter- dated May 30, 1991, on the
erosion rate which corrects his earlier letter on the
designation of east and west. Says the figur-es are the same.
Mr. Krieger intr-oduces model photographs which give a
better sense of this house on this site. Shows the Karp and
Crosby houses and the proposed project at scale built to
conform to the site plan on the drawings. Notes the base
model is done under the old survey and that as a result of the
new survey everything rose.
Attorney Reade says he would like to remind the
commissioners that this is an extremely visible piece of land
in terms of wetland scenic views lying on a narrow strip of
land between the harbor and the salt marsh. Thinks the
applicant should make every possible effort to make the house
as unobtrusive as possible. In that regard the less the hou=e
juts out into the area, the less of a problem there will be
with wetland scenic view. Notes the order may not have been
framed with that in mind at the time, but it accomplished more
than this plan in terms of keeping the house over to the
westerly side adjacent to the Karp boundary line, at which
point it is closer to the existing houses and the other hOUSES
on Shimmo. Notes the Crosby house is seasonal and is a low,
older type structure. Suggests the proposed house be slid
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Town of Nhntucket
Conservation Commission
(508) 228-72:30
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page E
over ana the boathouse eliminated. Thinks it should be
approved asa single, 3 bedroom structure set 10' fr-om the
boundary line with the Karp's which, he adds, is not aproblel""'
as far as Mr. Karp is concerned. He also represents the
Tuckers and the LeFevre's who are concerned with their wetlanc
scenic views.
Mr. Perry says the scenic view issue is from a public way
so the view from the Tuckers and LeFevre's should not affect
our decision as to whether the project is intruding on the
wetland scenic view.
Ml-. Wasierski asks what. is the wetland scenic view from
the harbor; where the elevation is 13' and I'm at 0 how am I
going to see over this 13' to see 0 on the other side. Says
he's gone by in his boat and he can't figure out what the vie~
is.
- A'ttorney Reade says. if you arE! on the ."ater part o'f- the - - ---
salt marsh.
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Mr. Krieger comments first..that ion1ng for the slte
permits a second dwelling. Continues that they have a number
of photographs takena~ various times of the year which
represent what you can see with regard to wetland scenic view.
Says they are not building a house setting up against virgin
forest; they are building a hous~ that is one of many houses
built along this shoreline which gets even denser as you get
off the photograph toward town. This parcel has SOO' of
shoreline frontage which is quite a bit larger than any of the
other properties and there is a coastal bank which virtually
obscures any view into the marsh. As one moves around to the
side of the house, there is a narrow view where are other
houses including the Karp house which are higher and form a
backdrop. They don't feel the addition of one more house is
adversely affecting that view. Shows a view taken just off
the Crosby property to the northeast. Notes the boathouse
from that direction will be partially obscured by the main
house. Adds you can in fact bring a small boat into Shimmo
Creek at high tide and only high tide. There is an upland
island covering a portion of the Crosby property and a portio,..
of this)parcel which has 2 mounds at 20' which by enlarge
obstruct the view from anywhere in here of the bulk of where
we're proposing to build. Thinks you will see the roo~ of the
! house but not the first floor and doesn't think the impact or
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T ownq~, ~QI)t\.lfkyt
Conservation . 'CommIssion
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 9
the scenic view from here into the marsh itself is impacted.
These are shots taken from Shimmo Creek, from both near and
far. The pines-are on the upland island so it completely
obscures the view of the bottom portion of anything we could
build here. You can see the Karp house in all these photos.
By the time you get to where you can see anything you've run
out of navigable water. They recognize that living on the
harbor has immediate scenic view implications. They think the
nature of the rest of Shimmo and Monomoy already developed,
and the distance they are still maintaining between their
house and the Crosby's house, does not adversely affect any of
the scenic views from any public way. Compared to the Karp
house, they think the house will be much more hidden between
the shadows and the bank. What you really see from the
harbor, between the town and Pimny'sPoint, is the upland
areas beyond and the houses that are on top of them. Not in
any way, shape or form is this another Gamble house.
Mr. Visco nays he does not wan-t----to see the ccrmmis~ion -qc-t
h~ng up on scenic view.
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Mr. rforettl saysttle L.;rosby's are not opposed to Mr. Burke
building a house on this site and adds he has been very
gracious in discussing a few points outside the public
hearings. Says this is the first night he has heard the term
apartment used with regard to the boathouse/garage and while
it may only be semantics he has a concern with an order that
might look as though it was approving a secondary dwelling
unless the board is conscious that is its intent.
Mr. Krieger asks if he used the term apartment and if so
asks it be struck as it is not what he m~ant. It is not
intended as an apartment.
Mr. Moretti continues the second point that is .of concern
is on the original submission of the road construction the
width of the road was 8'-10' of gravel surface. The new plans
show it as 8'. Doesn't know if it is clear that this is
gravel surface with an additional 2' of shoulder. Would hope
the width would be 8'-10' to give sufficient passage for
emergency vehicles. Thinks most of the road is being
relocated below the 7' contour and wonders what the
implications of that are in terms of the fill or changes in
the roadway that might be contemplated by Mr. Crosby either
now or in the future. Notes the road on the McIlvain property
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Town of Nantucket
, 0- .~
. Conservation Commission
(508) 228-723'0
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 10
had a very well supported base. and didn't follow existing
topography but was well engineered. If we now are going to
bring the road down below ~he 7'contour, what does that mean
in terms of wanting to level out some of those valleys that
would exist if you followed the contour. By doing that, are
we going to be stuck with that contour? May be out of the
scope in this hearing but doesn't want to be in a situation
where we go through the process here and have a relocation per
this order of conditi~ns that is not consistent with what
might be acceptable ~o Mr. Crosby in a relocation in the Land
Court. Wants to get a sense of what the relocation means in
terms of this board's requirements.
Mr. Kelliher says only a small section is below the 7'
contour and another 25% is below the 8' contour.
Mr. Moretti says he wonders about the implication of what
might be done in the future about that roadway.as far as this
order of ronel-i t i nnc:;.- -flrl-IJ..lt. t; nlJ ..a_m i nor _..modi f" icat.; nn of ; L
Mr. Kelliher says once the road is in it can be
maintained; accorctingtlJ t11e--p-1an--rt-will-be 8' wide with a 2'
shoulder on each side.
Mr. Moretti says he would like to see it go back to the
10' which was what he understood it. would be, from 8-10'.
Mr. Wasierski says if they said 8-10' it can still be S'.
Mr. Kelliher says this one says 8' so they can't go less
than 8'.
Mr. Shugrue says the old section said 8-10', this should
say 8'-10; asks if he can change it to 8-10'.
Mr. Visco asks what are the terms of the easement that Mr.
Crosby has. Is it defined on a plan? Bywidth?
Mr. Moretti says it is defined on a plan and the e.asement
itself is not defined by width but both sides of the way are
delineated on the plan.
Mr. Visco asks are there no other terms on the easement as
long as Mr. Crosby has passage across this lot? We seem to be
making a big deal about the relocation. Apparently it really
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Town ofNant~fket
Conservation. Commission
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 11
isn't a problem as long as you have access across this
property, wherever it is.
Mr. Moretti says the applicant has made representation
that it will be a better road than what exists today and that
is great. By relocating it to this particular elevation and
location with regard to the wetland, does it change the
requirement that if Mr. Crosby would have the right to improve
that road, does it, if it is not within the scope of what is
permitted today...what are the implications and would a waiver
be required to fill?
Mr. Visco says, does Mr. Crosby have the right to go in
and maintain that road?
Mr. Moretti says yes.
Mr. Visco says he would like to read a copy of the terms
pf~ tbe easement. ~- SCiY? he --do.esn' t _have any probl~m wilh~ tb~_ _ n
relocation of the way. Asks if any of the commissioners have
a problem.
Mr. Burke says he has not represented that they would make
the road better but equal to or better. Says they would grade
it from time to time or scrape it. Notes it can't get worse.
Is not familiar with 8-10' width.
Mr. Krieger says some portions of the road have to be
moved in order to build on this site.
Mr. Wasierski asks if the section in the 7' contour could
be moved?
Mr. Krieger says the primary reason they put it there was
to prevent cutting or filling. Thinks a level road is the
best guar-antee of a decent road. However, it is possible.
Attorney Reade says, with regard to easements and rights
of way, beach easements were granted by the former owners at
an undefined location. Thinks a number of people will resist
any structure which restricts beach rights. The plan should
show exactly how the applicant proposes to accommodate those
rights to the beach over his property.
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Town of Nantucket
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Conservation.. Commission
<~' -~
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(508) 2281'1230
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 12
Mr. Kelliher s~ys he do.esn't thinK our jurisdiction
includes a road down to the beach.
Mr. Perry says he thinks it is clear that beach access can
be made via the 8'-10' road.
Attorney Reade says he doesn't know that the road goes to
the beach.
Mr. Kelliher says the road ends up where the present road
is, down near the beach.
Mr. Krieger asks if there are any other concerns of the
commission.
Mr. Perry says before closing the hearing he would like
some time to look at the plans.
--Mr. W-asier-st<ic--s-a-y-s-~e would like to see some
reconsideration pertaining to the ridge height using a lift
pump and the boathouse aspect as a boathouse.
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Mr. KE?lliher says he agrees with their objection to a lift
pump with the electrical situation and the frequent power
shortages and mechanical breakdowns. Would rather see a
gravity system--gravity always works.
Mr. Wasierski says then keep the ridge height as in the
original order of conditions and let the applicant work around
that ridge height.
Mr. Perry says he thinks the ridge height in the original
order was about 25'from the existing grade.
Mr. Krieger says it was 25' from the first floor which was
12'6" above sea level.
Mr. Perry says we usually require something from grade and
this one goes up 27 1/2' above 13.3.
Mr. Krieger says about 3'3" above, for that 18' long
piece, over what was approved previously. And the bulk of the
roof is 25.6.
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Town of NantUcket
Conserv a tidIlCOIl1niis~lbn
(50S) 22S~723cr
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 13
Mr. Wasi~rski questions the filled 8' contours in a short
distance.
Mr. Krieger says they aITetwo separate issues: the first
floor is keyed into the septicJ the ridge height is an
architectural issue. They wotildliketo avoid having a pump.
Asks Mr. Shugrue if anything parlbe shaved off. If we are
talking about inches we can shave off a few. Asks what the
commissioners have in mind.
Mr. Burke says he dearly doesn't want to use a lift pump
as he has used them before.
Mr. Wasierski says 6" isn't going to make a difference to
anyone.
Mr. Krieger says they are really tight; have done quarter
inch sections in an attempt to bring it down lower. Any
Clddi tjoflal-wl] 1 r~IIC:;~ m",jnr. rprl~C:;;lJn
Mr. Visco says he thinks it's obvious the only way you're
going to lower it is to install a lift-pump-; HUWt::'Vt::'I, 11t::"'=>
not advocating using a pump system.
Mr. ?erry says just because the ap~licant doesn't want a
lift p~mp doesn't mean the commission can't require it.
Mr. Krieger asks haven't you only required use of a lift
pump when it was the only way to make the project viable?
That the first floor was so far down that you had to use a
pump to get the necessary groundwater clearance?
Mr. Perry says it's possible but says this affects the
ridge height.
Mr. Kelliher says he doesn't think the ridge height is
causing any scenic view issue.
Mr. Kelliher proposes the hearing be closed as presented.
Mr. Visco agrees, as long as the commissioners feel they
don't need additional information.
Mr. Perry says he would still like more detail around the
house.
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Town of .NCintucket
Conservation Commission
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 14
Mr. Krieger says they don't have every little piece of the
puzzle put together; what t~ey've done is show maximum amount
of fill.
Mr. Perry says his point is the distance from the house to
the limit of work.
Mr. Krieger measures: 21' north at the narrowest point,
35' widest; 33' to the east as the narrowest point, 40' the
widest.
Mr. Wasierski asks for a motion to close the hearing.
Mr. Perry says if we close the hearing we can't accept any
new information.
Mr. Visco says if you are going to extend the hearing it
should come from the- app-l-icant.
..
Mr. Shugrue asks specifically what additional information
you would liKe.
Mr. Kelliher says that question was asked at the last
hearing and they have supplied the additional information here
tonight.
Mr. Burke says he would like to close tonight.
Mr. Krieger says we have given you worst case scenario and
ask you consider accordingly. The vegetated buffer is wider
than the minimum allowed in the regulations shown on the
drawing; if that's not acceptable, please tell us.
Mr. Perry says changes to the foundation can be requested
as a minor modification.
Mr. Kelliher moves the hearing be closed and an order
drafted.
MOTION: To close the hearing and draft an order was
made and seconded.
UNANIMOUS
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Town o..f ,Nan.'!. u..cket
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Conservation Commission
(50S) 22S-7230
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 15
3. Nantucket Bank - 100 Pleasant St. - SE48-652 - (55-145)
Present for the applicant is Robert Emack from Nantucket
Surveyors.
Mr. Emack shows a sample of the oil absorbent pillows to
be inserted in the catch basins. Says they can be checked once
a year and will be on duty 24 hours a day.
Mr. Perry suggests initially they be inspected in six
months to see if they have deteriorated.
Mr. Emack says each one holds 25 gallons and four will be
used. Notes the critical time for breaking the leach
facilities is during construction with the heavy equipment
running over it.
;,.
- Mr. -Wa~ i~Errsk i -;;ay-;; -they -;;hou 1 a-I ast-for-30- years and then
the parking lot will have to be resurfaced anyway.
l"fr. Perry asks- for a pTan-~showl ng----eheabsorbent pads.
Mr. Emack says h~will Update the detail and provide the
revised plan at the next meeting.
MOTION: To draft an order pending receipt of the
revised plan and to continue the hearing was made and
seconded.
UNANIMOUS
4. Lane - West Chester St. - SE48-653 - (41-478)
Mr. Perry says the applicant has requested this be
continued.
MOTION: To continue the hearing at the request of the
applicant was made and seconded.
UNANIMOUS
5. Chaleki - 82 1/2 Baxter Road - SE48-651 (49-38)
Mr. Perry says Mr.
front yard setbacks be
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Chaleki went before the Z8A to request
reduced to allow the foundation to be
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Town of Nantucket
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ConservatIon' . Commission
(50S) 22S-7280
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 16
15 feet from the front boundary and at least 30' away from the
wetland boundary.
Mr. Chaleki says Attorney Moretti represented the plan to
the ZBA and the setback was reduced to 15' with the
understanding that a buffer zone was required in back. Says
Mr. Perry also attended the meeting to support that
representation. The variance was granted as requested on the
condition the Conservation Commission was going to require
this buffer zone.
Mr. Wasierski asks for comments or a motion.
MOTION: To close the hearing and draft an order was
made and seconded.
UNANIMOUS
_*- _ 6-, Bush - 5l B . Ba.x ter ROclld - SE48-6~5 - (49-16)
.
Present for the app Ii cant is Mr. Cha lek i .
Mr. Wasierski reads the inspection report.
Mr. Chaleki says this is just a replacement in an existing
cut path to make it safe to use.
MOTION: To close the hearing and draft an or-der was
made and seconded.
UNANIMOUS
C. REGULAR MEETING
1. REQUEST FOR DETERMINATION
* a. Bush - 51B Baxter Road (49~16)
Present for the applicant is Mr. Chaleki.
Mr. Perry says the addition will not expand the footprint
and it is outside the 50' waiver setback.
MOTION: To issue a negative determination as the work
described is within .the Buffer Zone but will not alter.
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Town of;Nantucket
Conservati6rl Commission
(50S) 22S-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 17
UNANIMOUS
* b. Maltby - 47 Squam Road (13-22)
Present are Mr. and Mrs. Maltby.
Mr. Perry notes that Mr. Emack, Nantucket Surveyors, is
not present but has given us revised plans to reflect findings
of the field inspection which moved flags to include wetland
plants.
Mr. Wasierski reads the field inspection report and asks
Mr. Maltby if he would like to say anything.
Mr. Maltby says he thinks it is explained pretty well.
Says the current s~ptictank is one of the old metal ones and
is in the front yard and is a disaster.
Mr. Perry says hisonlv concern is th~~ th~ ~eQtic leach
system is in the small envelope and recommends an as-built.
Says they don't need a waiver for the leach field because it
is outside the 100'buf-f-er-. Feel~ although the :;cptic and
well are within 100' they are both projects that are a
determination level as the house is between the tank and the
wetland area and they can access it from the road and a notice
is not necessary.
.
Mr. Wasierski asks if the owner has seen the revised plan.
Mr. Maltby says not yet but he has told him to just go
ahead and do it.
Mr. Visco notes it is a vast improvement over what exists.
MOTION: To issue a negative determination as the
project is within the buffer zone but will not alter.
Also to be added to the determination is a request
that an as-buil t be submi tteo to the Commission when
the project is complete.
* c. Francis -27 Dukes Road (41-530.1)
Present for the applicant is Bob Emack.
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Towno:f Nantllcket
Conservation Commission
(50S) 22S-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 18
Mr. Perry notes ~here is an error in the abutters list
made by the Assessor's office but theabu~ter not notified
happened to call about it. As everyone on the list was
notified, however, according to the by-law we can go ahead
with the hearing.
Mr. Wasierski reads the inspection report.
Mr. Perry says that Mr. Emack has submitted a revised plan
which reflects the flags that were moved at the inspection.
Mr. Wasierski notes the recommendation of the inspection
team is that a notice is required.
MOTION: To issue a positive det~rmination as the work
described is within the Buffer Zone and will alter ~n
Area Subject to Protection.
-- UNANIMOUS - ~-
2. CERTIFICATE OF COMPLIANCE
a. Booker - SE48-420 - (80-41)
Present for the applicant is Robert Emack of Nantucket
Surveyors.
Mr. Perry says this is a double hitter. We wrote them a
letter asking them to come in for their Certificate of
Compliance and when he went out to inspect found they had
added a retaining wall to comply with a building department
request to back fill against the house and the wall was to
prevent it washing down into the wetland. Notes it is within
the building envelope. Doesn't feel it has an adverse affect
on the wetland and that the Building Department had required
that the dirt be placed against the house. Adds that the
applicant has requested a minor modification for the retaining
wa 11 .
MOTION: To grant a minor modi.fication and issue a
certificate of compliance was made and seconded.
UNANIMOUS
b.
Kotalac - SE48-350 - (81-129)
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Town of Nantucket
Conservatibn . CommIssIon
(50S) 22S-7230', .
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 19
Mr. Perry says we have already issued compliance for the
house and this notice is for the utility lines. Says it was
done five years ago and the area is well vegetated.
MOTION: To issue the certificate is made and
seconded.
UNANIMOUS
c. Old North Wha~f - SE48-410 - (42.3.1~225)
Mr. Perr-y says the.order has expired and the work was
never done.
MOTION: To issue a certificate indicating no work was
done was made and seconded.
-UNAN I-M8U5-
d. Bartlett -' SE48-259 (60.2.1-02)
Mr. Perry says this is for septic replacement and we have
an as-built from Carl Borchert. The order was issued in 1984
and has been recorded~
MOTION: To issue the certificate was made and
seconded.
UNANIMOUS
e. Anapol - SE48-192 - (60.3.1-17)
Present for the applicant is Attorney Andrew Leddy.
Mr. ~elliher abstains from the discussion and the vote.
Attorney Leddy says in 1982 the applicant expanded the
house in the dune area at Smith Point. One of the conditions
was if they wanted to expand ground cover they had to rebuild
the house on pilings. Or they could build a second story on
the existing building. They chose the latter course. In the
order is the right to maintain their driveway. Sand has blown
into it and they want to reopen. Notes a certificate was
never requested for the notice and they are here to do so.
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Conservation Commission
(50S) 228-7230
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 20
Mr. Perry says to maintain the driveway is an on-going
condition and they want to know how to go about it. Notes
they were supposed to plant beach grass.
Mr. Wasierski asks about condition #8. If there is a sand
stabilization project going on, why is this sand moving?
Attorney Leddy says the dunes have shifted over the years.
Mr. Wilsoh asks if any stabilization has been done.
Mr. Perry says the snow fence was taken down. Thinks
there is sufficient room to make a small drive but it should
be done cautiously and says beach grass should be planted.
Mr. Visco asks if they can get rid of it all on the lot.
Notes there is a lot of foundation showing.
Attorney Leddy says yes and they will have to make a
better attempt to stabilize. Believes the wind currents have
changed due to construction of other houses.
Mr. Wasierski asks how we can issue a certificate when the
planting hasn't been done.
Attorney Leddy says we are dealing with something nine
years old.
Mr. Perry says stabilizing is an on-going condition so we
can issue an enforcement order if the work is not done. Notes
the statue of limitations has run out so by issuing and adding
an on-going condition we have more control.
MOTION: To issue the certificate with the on-going
condition was made and seconded.
,;
UNANIMOUS
3. EXTENSION
a. Brooks ~ 63 W. Chester St. - SE48-S02 - (41-222)
Mr. Wasierski reads the inspection report which talks
about the wetland in the area of the proposed subdivision.
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ConservafiOrl' Cornmission
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Min~tes for May 30, 1991
(50S) 22S-7230
Page 21
MOTION: To issue the one year extension was made and
seconded.
UNANIMOUS
4. PLANNING BOARD REFERRALS
a. Ernestina Way Subdivision, Kite Hill Lane
Mr. Perry says the location is actually between Miacomet
Avenue and Bartlett Road. He has inspected and ther-e are no
wetlands on the property.
MOTION: That the property is not subject was made and
seconded.
UNANIMOUS
b. Nantucket Savings Bank
Mr. Perry says a hotice has already been filed on this as
it was found to be subject.
MOTION: That the property is subject and a notice is
required was made and seconded.
UNANIMOUS
c. William & Patricia Larrabee
Mr. Perry notes there is an discrepancy in the maps which
the Planning Board needs to labelappropr-iately to show the
path comes off the road and not off the way. The area is not
subject.
MOTION: That the property is not subject was made and
seconded.
5. OTHER BUSINESS
a. Polpis Bikepath Inspection. Friday, June 7
b. Booker - SE48-420 - (80-41) - minor mod
Present for the applicant is Robert Emack of Nantucket
Surveyors.
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Town of Nantucket
Conservatihn' Commission
(50S) 22S-7230
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 22
Mr. Perry says this is a double hitter~ We wrote them a
letter asking them to come in for their Certificate of
Compliance and when he went out to inspect found they had
added a retaining wall to comply with a building department
request to back fill against the house and the wall was to
prevent it washing down into the wetland. Notes it is within
the building envelope. Doesn't feel it has an adverse affect
on the wetland and that the Building Department had required
that the dirt be placed against the house. Adds that the
applicant has requested a minor modification for the retaining
wa 11 .
MOTION: To grant a minor modification and issue a
certificate of compliance was made and seconded.
UNANIMOUS
~-. - JAY - Quaise_Past.ur.:.es_Rd- SE48-593.,..C2-b-..",20.3) minor mod
Mr. Perry says a couple of weeks ago they came in to see
if we wQul-ct-all"'01/lrh-im to go before the Planning Board to
request a reduction in the road width from 16' to 14'. The
planning Board has approved with a couple of sections for
turn-outs. The other modification he wants to make is to get
rid of the reten~ion basin at the end of the road and grass it
and pretty much go back to what was approved.
MOTION: To grant a minor modification for the road
and the retention basin was made and seconded.
UNANIMOUS
d. Newquist
SE48-606 (14-15, 61) - minor mod
Mr. Perry says they are going to file for an official
public hearing ont,he plan instead of using a. minor
modification which could be taken to superior court and argued
on whether or not it was minor.
e. O~d Polpis Rd. Realty Tr -SE48-647 (46-1) discussion
AND
f. Oxbow Realty Tr - SE48-646 - (46-1) - discussion
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Present is Arthur Reade and Jeff Blackwell
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Town of....Nantucket
Conservatfo~ 'CommIssion
(50S) 228-7230,
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 23
Mr. Perry says Mr. Reade and Mr. Blackwell have discussed
changing the plans a little to get rid of a 'couple of waivers
and create one waiver and see if the commission likes this
idea better then what was approved for the two lots.
Mr. Reade says this comes from conversations he and Mr.
Blackwell have had with the owners. The objective was to sell
a couple of lots but on reflection they have decided to sell
one good lot rather than two with certain limitations and
problems. What they have come up with is the concept of
combi~ing portions of both lots to form one lot. In order for
this to be one integrated lot you have to get across the brook
which is effectively the boundary line between the two lots.
Notes reasons for the existing waivers: one lot has no point
at which you can put your system that is 100' from the
wetland. Also has a waiver for the driveway entrance from
Polpis Road and they are not crazy about that from other
--s-tal.dpo-i-nts as werr~ There are a number of driveways
converging and also the bikepath and a road that goes into the
backlands. Feels if they can get one curb cut down it will be
a step in the right direction in terms of road safety and
esthetics, to some degree. The proposed new plan will need to
cross a wetland and they think from an environmental
standpoint a bridge and sewage drain line would be feasible.
Says the pipe can be tunnelled through and nothing should be
disturbed. There is a trade off in terms of waivers. In the
new plan we are down to one principal dwelling and a guest
house and just one leaching field.
Mr. Perry comments the waiver issued for the driveway was
just for the undisturbed buffer and wonders if the
commissioners would prefer to see just a footbridge ~cross the
brook connecting the two dwellings and leave the dr-iveway
where it is, or a 12' load bearing bridge.
Mr. Wasierski says this is not much different than Lot 24
across the road where they also had two wetland trossings. If
this could be seen from the road he wouldn't like to see it as
strongly engineered as Lot 24.
Attorney Reade says it
lot of vegetation; doesn't
it being highly visible.
have the full width bridge
):
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is much further back and there is a
think there would be a problem with
Says they would like to be able to
to be able to drive a car through.
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Town of Nantucket
Conservation Commission
(50S) 22S-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 24
It will be'a fair distance and parking that far from the house
at night would ~ean they would need lights which would be more
objectionable to people than being able to drive across. Says
it also would be used for access during construction.
Mr. Wasierski thinks it is in keeping with across the
streetJ and it is one less cut into the area which he voted
against which is going to be a bikepath.
Attorney Reade says this is the worst place on the whole
bikepath in terms of how the logistics are going to be worked
out. You have a public road which is the only means of access
to this property, the wetland within the layout of the public
road of what will end up being the bike path, and you are
going to have a problem with cars and bicycles fighting for
the same space. If you can cut down on the number of cars
coming out, particularly in this area, I think you're better
off.
Mr. Perry asks if in moving the lot line are you creating
potential future wetland crossing to lots at the back of the
jJrOiJerty.
Mr. Reade says they have not done an inventory on the back
part of the property and the Jensen's are not at the present
considering selling additional lots. Because of a family
situation at this time are selling what turns out to be only
one lot. The back of the property has a lot of wetlands and a
lot of upland. Feels the best access, if someone were going
to do something, would be the old road.
Mr. Wasierski likes the idea of only one leach field and
only one cut into the bicycle path.
Mr. Reade says he is pleased at the reaction and they
probably would proceed by preparing a new plan for the
Planning Board and simultaneously file a new notice,
ultimately abandoning the old ones.
Mr. Perry asks about the ridge height on the main house
and the contours.
Attorney Reade says they will need to discuss that further
on the Notice. Will try to lower the height of the ridge;
obviously want the house as high as possible and at the same
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Town of Nantucket
Conservation ComItlission
(50S) 228~7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 25
time to be sensitive to the concern about the overall height
of the project. Notes wherever you put the house on ~he knoll
it will have a good view. So if you take off some of the
height, the floor is a little lower than it otherwis~ would
have been, but you'll still have plenty of view from any
position on that side of the house.
Mrs. Hussey says she likes one leach field and one cut but
is concerned about someday additional lots being added.
MOTION: The commissioners were polled and the
consensus is that the new plan is superior to what was
previously proposed.
UNANIMOUS
g. Proposed WHOI groundwater discussion
Mr_. Perr-y-says a month-oL so ag~ a5ik~ if-the
commission was interested in doing some more ground water
studies on the water coming out of the bogs. They have
5o.Jbmi t ted. some ideas rOt sOllie ground water we 1-1-<3 .--The- cos-t---
will be about $2500 and the aggregate money can be taken out
of the $250,000 Harbor Study.
,..
Mr. Visco asks who gets the $2500; and is this over and
above what Joe (Grochowski, Town Biologist) has already done.
Mr. Perry says Woods Hole, for doing this additional
ground water sampling. Says Joe is very close mouthed on what
exactly he did and he would love to work this into Joe's but
he won't say exactly what he's done. He hasn't published the
results.
Mr. Visco says why spend another $2500 of our money.
Mrs. Hussey asks what will the wells do?
Mr. Perry says it will provide ground water samples. The
study we did last summer showed that there wasn't any surface
water. The surface water didn't contain the pesticides and we
were afraid they were going out to the harbor through the
ground water.
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Mr. Visco says it can't get through t~e impervious soil.
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Town of . Nantucket
Conservation Commission
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(50S) 22S..7230
10 South Beach Street
Nantucket, Massachusetts 02554
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Meeting Minutes for May 30, 1991
Page 26
Mrs. Hussey says if it isn't going into the harbor it has
to be going somewhere.
Mr. Visco says it isn't going anywhere. That is the
reason the swamps and the bogs are there.
Mr. Wilson says but there ~s other flow to the southeast
in Philips Run. The main bog qoes to the top of Tom Nevers
Pond.
Mr. Perry said last year we were worried about it going to
the harbor. And there was a worry that the study the
Foundation was doing was never- going to get off the ground.
Say~~he Marine Department is also involved and it is a
sensitive issue. Agrees that the study that was done should
be a public record.
- -- ~-Mr. -Vi sco__says the ~ommi~ion ought to - r:equesta copy of
the report already completed before spending another $2590.
,
--Mr-.-W-i--lso~fLees- we should read the completed report and -
then decide whether or not it should be pursued.
Mr. Wasierski says we should just get one copy for the
commission.
Mr. Perry says he doesn't think its been printed.
Mr. Perry says we ar~ 10singth~ funds July 1, unless we
encumber them.
Mr. Visco says we can formally request the funds be held
as long as we do it by .July 1 and we don't have to say its for
a particular project.
Mr. Wilson suggests by next meeting we get a copy of the
report.
h. By-law and Regulation review discussion
Mr. Perry says he has been talking to Mr. Willet regarding
having an outside person review our by-law and our regulations
to come up with suggestions on closing any loop-holes. MACC
has a "Rent-An-Expert" program where Ms. Lois Bruinooge an
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Conserv afi:aif co~rrilssion
(50S) 22S-7230
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 27
attorney from McGregor; Shea and Dollinger has offered to
donate her time. They will bill the town $100 a hour to do
the work and the money will go to MACC. Estimate i~ $500 -
$600 to review; if we want comments it will be a couple of
hours more.
Mr. Wasierski says we can't spend any money for legal work
without going through the selectmen.
Mr. Perry says this is for professional services and we
can use it as we see fit.
Mr. Wasierski asks when did the regs start~~three years
ago? Believes it would be a good idea.
MOTION: To spend up to $1000 to have the by-law and
regulations reviewed was made and seconded.
IINAN I 1'101 IS
~
Mr. Perry says he wrote DEP a letter concerning the lack
of response from Sarvis. The DEP had requested that-ne 1~l:tpuIIJ
in 14 days. We have sent DEP a letter showing work done per
information found in our files. Some of the oil separators
were installed per the Plannihg Board inspection reports but
there is some question whether the internal piping was ever
installed to make them functional.
6. CORRESPONDENCE
Mr. Wasierski asks about the letter to.the commission from
Mr. Vogt regarding vehicle traffic on Sesachacha Pond~ Asks
if we are supposed to act on it.
Mr. Perry says he was going to suggest we put up signs
saying dune restoration, no vehicles.
Mr. Wasierski questions Mr. Vogt's right to request
restrictive action; says it is not a way, it is a town road
all the way to the water. And it is like all the town
beaches; nine to five it should be closed to vehicular
traffic. The inside area is up to Mass. Audubon and the
property owners. He doesn't see what the Conservation
Commission has to do on someone's property.
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Conservation Commission
(50S) 22S~7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 30, 1991
Page 28
Mr. Perry agrees and sugges~s maybe we could do something
to keep people from driving between the dune and the cut; says
first we would have to t~lk to Dr. Dunwiddie.
Mr. Wasierski says he agrees with this man's thoughts and
thinks signs could be put up but thinks the commission signs
are too prohibitive. Believes that signs that are less harsh
would be better. Thinks some of the landowners, a couple of
people from the board, Dr. Dunwiddie and Mr. Vogt could get
together and resolve the issue.
7. MINUTES: for May 16, 1991
MOTION: To accept the minutes as drafted was made and
seconded.
UNANIMOUS
8. BILLS TO BE PAID
i
9. FIELD INSPECTIONS - Monday, June 10, 1991, 4:00pm
--flOTION~ To adjoUl II at 10.00 was made and seconded.
UNANIMOUS
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