Loading...
HomeMy WebLinkAbout1991-05-30 I / ,. '0 Town of Nantucket Conserva tionCornmlssion (508)228-7230 \. , 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 ~ _VCmd~n:er~:~O~j~:{q;Y ~i:Tj:::_a~;; ;: rMv / 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. . .t 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. ~ recycled pap'; " \',."-\' _ ,.'/'. <~ . _, \,'1 '-. '-. ~. ,j - ... - Town ~~./l~t~pket Conservation Commission (508) 228-723(1 \. 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. -3;> recycled paper I: / . Town of Nantucket . Conservation Commission (508) 228-7230 ~ , 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. !II 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. ..~ recycled paper \ ./ :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. ..~ recycled paper Town of Narttucket Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 \, ! 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. .,~ recycled paper asks if the electric is to follow the \ Town qf :Nantucket . /<,-if' ',' ; _ ' ; ~ Conservation Commission (508) 2~-7230 \. 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 .~ recycled paper t / I Town of Nhntucket Conservation Commission (508) 228-72:30 I. , , 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. .. 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 L? recycled paper /" 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. . 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 ~ recvcled paper Town of Nantucket , 0- .~ . Conservation Commission (508) 228-723'0 I. 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 .;a recycled paper \ 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. <~ recvcled paper l Town of Nantucket .' " ^ Conservation.. Commission <~' -~ . , (508) 2281'1230 \. 1 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. . 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. ..~ recycled paper i Town of NantUcket Conserv a tidIlCOIl1niis~lbn (50S) 22S~723cr ,. 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. '9 recycled paper / 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 :~ recycled paper Town o..f ,Nan.'!. u..cket . . .. .... . Conservation Commission (50S) 22S-7230 ,. 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 ..\ - recvcled paper Chaleki went before the Z8A to request reduced to allow the foundation to be \ / Town of Nantucket r.'".','.,...f;...... ,,. ConservatIon' . Commission (50S) 22S-7280 \. . 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. ..~ recYcledp~er ./ , 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. ..~ recvcled paper / 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) ..~ recvcled paper \ Town of Nantucket Conservatibn . CommIssIon (50S) 22S-7230', . \. 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. recycled paper t / I . Town of Ncfutucket Conservation Commission (50S) 228-7230 ~ , 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. . ....~ recycled paper / Town of Nantucket 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. ,~ recycled paper Town of Nantucket Conservatihn' Commission (50S) 22S-7230 ,. 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 9 recycled paper Present is Arthur Reade and Jeff Blackwell \ "'" y "'\~J'r'T~?'<<<;'-"'"--' .,.-~' ;~-':: Town of....Nantucket Conservatfo~ 'CommIssion (50S) 228-7230, \. 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 ): ) recycled paPer 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. ./' 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 )~ recycled paper 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. ..~ recycled paper Mr. Visco says it can't get through t~e impervious soil. t Town of . Nantucket Conservation Commission " (50S) 22S..7230 10 South Beach Street Nantucket, Massachusetts 02554 ,. , 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 ..~ recycled paper t / Town of Naritucket ' Conserv afi:aif co~rrilssion (50S) 22S-7230 \. , 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. " J. '..,;,' recycled papflt- / Town of Nantucket . ....... ...... .f: 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 ..~ recycled paper