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HomeMy WebLinkAbout1991-06-27 1'{5;''''~~/~ '- Town of Nantucket Conservation Commission ~ (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 MEETING MINUTES. FOR .JUNE 27 The meet i ng was called .toord~r at 7: 01 in th Large Group Instruction Room of the Nantucket High School. Commissioners present were Wi 11 iam Wi llet, Laura Hussey, P~teri Ounwiddie, Henry Wasierski and Daniel Kelliher"'. Also present were Bruce Perry, Administrator, and Lucia Wyeth, secretary. A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC ; 1. Coffin Park - Mowing discussion ,. Present is Attorney Richard Glidden representing Robert Haft and.Mrs. Smith and other people in the area who abut Coffin: Par,k. St~tes he was here in behalf of Mr. Haft last Dc tober~t ithet:fme, o.f the public hearing of the Park and , ! Recr~at,ic)f10epaptment I s RFDat which time plans were presented. The,plans were only briefly discussed as it was fel t that the, pOrpose was to discuss app licabi I i ty of th.e act " apd if it was within your jurisdiction you would issue an order on what could and could not be done. Everyone of the neighbprs left the meeting with a clear understanding that noth~ng was going to happen in Coffin Park until plans had been filed and a Notice had been given and everything~as operating according to the law. It was a great shock to the neighbors when Monday afternoon at 3:30 a bulldozer arrived and started to cut like crazy. Luckily Mrs. Smith was there and as\ked what was going on'and asked him to stop. The cutting continued a while; then Mr. Perry, after a couple of phone calls, came, and then Mr. Gardner, and ultimately it stopped. The story he heard was they were just cutting survey lines so they could go in and flag the wetland. You can see from the pictures they were clearly not just cutting survey lines. If Mrs. Sm.ith tladn't been there~nd stoppec;j them, the whole park would have b.en cut. In addition to the pictures he has given the commission a letter from McGregor, Shea and Dolinger representingsorne of the. abutters and they would like the board to take some action. It is their position this is a serious violation of the wetland's act. Is not a case of maybe somebody didn'.t know what waS going on. Clearly you people had told them not to do anything until they had filed and they had made representations to the public that they weren't going to do anything without notifying the abutters. Shows complete disregard for your regulations. There is some .~ recyded::: on some ;;e2~ ne~J;!1181.J.:2Z. th;;1~ t1~ .- Town at Nantucket Conservation Commission (508) 228-7230 10 South Beach Street N antucket,Massaehusetts 02554 Meeting Minutes fQr June 27. 1~91 Page 2 1" i' ~~' Town of Nantucket who is the owner and the Park,ard Ree's is the applicant, maybe this is not going to be declll,t:with as severely as it should. If this had been a private individual who had done this kind of activity, I think its fair to state the commission would consider criminal charges and consider bringing penalties and fines and making them rest'ore' the wetland. The neighbors want tq impress on the,cC),nlmission how serious they think this is and they want to bek~~1;informed of what's going ,on. They want the applicant toqpderstand they have to follow the letter of the law~ fii.;~notice and give the public <a chance to look at it and flag~n~wetlands and have a full and open discussion. No one is,$!ayiD9 the " , ._'", ,_,,;:' ;ij,: ;. park do.esn' t have the right . to do sQmething thetr".1They urge the COl'flmiSsionto m,ake'i t c,leaL to~tje Park' ard ~~c:i's and the TOwn of Nantuck~t' that this is serioJs busine~s.:;Jh two days I have tal ked to two of .the neighbors and I unde~f3'tand there are six more who ar-~ going to be Joining, if it' ~phles to that, to bring suit to maKe sure that things are dOnE!, ~il'-operly. Mr. Willet says they_did come in with a requ,st and we told them to come back witha. notice.. It is mytirlrtderstanding they were functioning per a letter, sent by Bent1C:Kelwayprior to the hearing fO,r, the. Request for Determination~l which said they could cut ~xisting path~ and grass. . Mr.' Glidden $ays that letter was before the ftearing; even if it lNasn't, what they did was a lot more tharij'ust cut some grass. 4'l f,} .1.; ~: ,r. "'. ' ','. . I' ~~ \ i '. . t j :l. .' ~,." '" -- f ~.. , t .<i.:: Mr~ Willet asks Mr Perry the extent of thedutting. Mr. Perr-y says paths and a couple of fielqs;<(Jhe of the fields he told them not to cut is half wet meadow. in the back. Says Mr. Wilson was also present. Mr. Willet asks fora vote to send a letter~elling them not to do a thing in there. - Dr. Dunwiddie asks whose decisiOn was it to do something and why ar-e they doin~ it. ; Mr. Perry says he thinks it was the Parks and Rec's deci.sion based on the letter from Mr-. McKelwaydated December \,l989 saying you must file for',the mowing that ha~ already been @iecvcled:a~:re. They had done the path'~_ and ~~ wan'ted them to fi Ie Tow.n of ......Nantu~ket : .,',; " -:~~, ':' '% -' ,". ,', Conservatioii Commlssion (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02654 Meeting Minutes for June 27, 1991 Page 3 after the fact. Then he had a discussion with Ms. Connors and I think Jane Hiltz was the chairman then. And he said you don't have to came in until the end of the year. When you get your plans readyco.e in. Th~n there is a phone call conversation in June of '90 with Anne Connors saying that Mr. McElway said it WaS o.k. to mow thef?><isting paths. In September they came in with a Determination which was positive and stated that no work shall be done till you file a Notice. My feeling is that Det~rmination should have superceded any conversations or letters that went before that. f t. Mr. Willet says absolutely, that's ~ery clear. ., , i: Mr. e~r-ry contin~es as of July 1 the Parks and Recreation will; have 'the fi.mdi.n9 to pay for surveying and flagging and fili ng of a not ice. ,. .\ f. ;"-. Dr. Dunwid~ie asks, so all the activity they were representing as clearing survey lines to delineate wet'lands? l,':, \ - Mr. perry says it wasn't stated that way to him. Jack Gardner said they wer-e just brushcutting the existing paths and that they had permission to do that. Says he told Mr. Gardner hedidn\t.remember.giving them permission. The determi'n:atfon said no work shall commence unti 1 the notice is flied. It's definitely more than just survey lines. You don't need to cut a whole field to run a straight shot. Mrs. Sm.i th says she lives across the street and she has never experiencedariything so brutal in her entire life agai hst . the envU....onment wi ththe bulldozer blades just whirling and all the wildlife just freaking out. Birds, nests, little field mice. The guy was totally without supervision. There was no one there from Parks and Ree"s saying do this, dO that. His comment to me when I first asked him to stop was "you people, you're so selfish. You're just trying to keep this park for yourself." I told him it was an environmental i5~ue and that nothing was to be touched in this park until an environmental impact study had been done. Dr. Dunwiddie asks if it was a bulldozer. r Town of Nahtucket ConservatidnCommission '. (508) 228.7230 . 10 South Beach Street Nantucket;, Massachusetts 02554 , (Meeting Minutes for June 27, 1991 Page 4 ::~.K:~:::e:S::Y:h:r:::m:::;::.take a look at it. Says she has spoken to Fish and Wildlife and solt\e other. agencies anq asks that Dr. Dunwiddie see if any other wildlife and' mi~ratory birds might have lost a nest as a result. Mr. Willet agrees to put it on field inspection" ( ,,: ~ ... ! w, ~i Mr. Glidden asks this be on the agenda for the next meeting and the Parks and Recbeasked to be presen~. IDl l:)~ ~. ' .M';... Willet .:igr-ees. .9aysin thEj! meantime .we will get a l,etter tC1;ff to them st'atl~g very clearly that no wor~i of any vari.~~should be done. , t i' : ":. C ~ Mr'. Smith says it was lush and green and is now ,a dust bow 1 . Mr. Wasierski says he t;hinks th.elush green was.:a weed- Japanese Knotweed; something~nyo"e would love to et-adicate from the island. ~! , {,' t:J, !.. Mr. Willet asks if anyone else would like to sp,ak on 1;his. i t\ i.. ' i-' Mr. Perry 'says he will schedule it for field inspection and put it, on the agenda for the next meeting under other business. Also a letter will be written to Parks and Rec. with a copy of McGregor's letter. 1 ~. tf. .... 1". ,. B. PUBLIC HEARINGS 1.' Newquist - 8 & 10 Fargo Way..... SE48-606 (14-15 ~61) Pr-esent are Mr. and Mr-s. Ne~quist, Attorney Arthur Reade, Lester Smith of Daylor Consulting and Ray Pohl from Design Associates. Present f~r the abutters is Attorney Melissa Ph~lbrick. Mr.,' Smith presents two sets of plans: the approved 9/27/90 plan and the 6/7191 plan. Theohly si9nifi~ant difference is the garage apartment has been p(Jlled~ack 5' @ recYcl8d::;the wet land and merged wi th the house.. The landscape T. own 0... ......f..._............,.....N.,an. c..'. tu...c.. ....Ita............. t,. '. ."""':" "'>--' """""-'-.'" ~'Conservation Commission (508) 228-7g30 10 South Beach Street Nantucket, Massachusetts 02554 I ! I \ Meeting Minutes for June 27, 1991 timbers on ;he edge of the parking area have been removed and the slope i now more gradual. Atto.rney Reade says this differs from what we presented four weeks pgo. At that time we discussed the procedural questions that had been raised pursuant to the court order and you reopened and reapproved the September, plan. Later in the meeting we ~resented the proposed modifications which differ from the plan over on the left today in one respect which is that the retaining wall shown on the September plans had been eliminated as a result of a misunderstanding the zoning impact of it would be. That has now been clarified and the retaining wall is back in as it was approved. So the only change is that the garage apartment has been pushed back so that it is now a cormected pa.r-tof the h~use and the driveway timbers which were not shown<on theDEP approved order have been eliminated. This is less extensive by way of changes than before. Page 5 f t " Mr. Pohl notes you had a concern about the lawn so we pulled it back. Also, they have lost 100 sq. ft. of footprint in bringing the~arage back. Attorney Philbrick says she represents Pocomo Overseas and asks for clarification of the finish height of the house. j,( Mr. Pohl says the ridge on the main gable, which is the central portion on the left hand side of the plan, will be under 30' from finish grade. Mr. Perry notes they are brjn~ingfinish grade up 3'. Attorney Philbrick says the only other-question on this plan is it 'shows area in front of the proposed house is to be lawn from the patio to the top of the banI<:. Mr. Smith says there is a 25' zone in which there will be no alterations and then grass. Attorney Philbrick states for the record Pocomo Overseas has no further objection to this project to this commission. MOTION: To accept the change as a minor- modification is made and seconded. .~ recycled paper Town oJ . Nantucket i-. "" '. Conservation Commission (508) 228':'1280 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Mihutes for June 27, 1991 Page 6 UNANIMOUS I 2. Richards - 25 E. Tri~tram Ave~ - SE48-609 - (31-1.) MOTION: To continue for one month at the applicant's request is made and seconded. I.. UNANIMOUS '~l' , !\, " I 3. Poor - Quidnet - SE48-635 (20-49, 50.2, 50.3; 21- 58, 119) ('f. "l,: .a.-.', t .' 4. Poor - Quidn~t - SE48-637 (21-122, 118.1, 119.1, 119.2) ',.; mf. Perr-y ~~ys ,Mr-. Smi th called to request the file be' :icbnti~ued but( In! the meantime tM~re was a question of filing fees 'that had not yet been submitted. At the last meeting Mr. Poor said he' would submit the $1500 fee for the culverts but he h~s not done $0. The~e is a form letter he has prepared with the appropriate numbers that says he owes a filing fee and the__commission does not have to consider hi~ fi Ie any further until fee is submitted. ~: ! -.1 MOTION: To send letter requesting fil ingfee is made and seconded ,. UNANIMOUS MOTION: To continue at the request of the applicant is made and seconded. , , I i ." ;; -, UNANIMOUS . '~:< 5. Lane -West Chester St. - SE48--653 -- (41-478) MOTION: To continue at the r-equest of the applicant is made and seconded. UNANIMOUS 6. Craig - 1 Kimball Avenue -- (30--33) Present are Mr. Craig and Tom Pochman. Mr. Willet says there was some talk about cutting down the size of the stairs. @ recycled paper Town ofNant~cket ConservatIon Cbttlniissi6n (508)228-7230 10 South Beach Street Nantucket, . Massachusetts 02554 Meeting Minutes for June 27, 1991 Page 7 Mr. Perry says he has received a modified set of plans that is much reduced in scale. Had talked about putting a boardwalk on the sanpand making the stair!;i removCilblesothat as. the bank eroded you could slide it back. He draft~d an order in anticipation we would receive a file number but DEP cannot find the file. Mr. Craig says the carpenter has provided interim stairs which they have leaned on the dune. Mr. Willet says he has no objection to that as an emergen~y meas~re. Dr. Dunwiddie says lots of people do that without asking. Mr: W,asiers,ki '~ays he.thoUght the st,airs had been limited to 3'. Notes they bavea ',satlboard whic:h they keep in an area in back of the dune.' Suggests, a 3' wide ~stair with a rail on one side to facilitate bringing the sailboard up the stairs. . ~' ti: f t. Mr. Pochman says theY would prefer a 4' wide stair" esp~cially ifit only has one rail as Mrs. Craig has to walk with, the grandchi Idren. Mr. Wasierski' responds he r-eally doesn't have a problem wi th a 4' .wide stai r. Mr. Kelliher suggests 4' wide stairs and 2 rails and a 4' platform at the top of the bank that the stairs, wi II attach to. Mr. Wasiersk i'no testhetrei s a,front dun~ and a secondary dune beh i nd . Sand. i s 91owlog out of ,the.secondary dune into the Rosa Ragosa and suggests they also apply for a 3' walkway wher-e people could walk, rather than in the sand. Also suggests putting up a snow fence in the winter. Mr. Pochman says they would probably be interested in eventually adding a walkway but right now they are mainly interested in the basics and want to get.,accessto the beach. Mr. Perry says.he has.no real opinion on the width of the stairs although usually they are 3' wide. ,Adds he has drafted an order pending receipt of the file nurnbe~from DEP. Asks if ~reCYCled:a: commission wants to close. . Town ofN9Iltucket Conservation Commission (608) 228-7230 10 South Beach Street r antueket, Massachusetts 02554 Meeting Minutes for June 27, 1991 Page 8 Mr. Willet says it is our policy not to close until we have a number. Dr. Dunwiddie asks if it is going to be a removable set of stairs. f Mr. Pochman says yes and the platform can also be moved. ~:t '. ! Commissioners agree they have no objection to the stair design and it will better the situation. The hear~n9can be closed and the order issued at the next meeting upon receipt of a file nu~ber. .' t t' MOTION: TQ' contin~e for ,a file number is ~ade and seconded. t.?{\.i i} ,,~1! " -",.j 'I , UNANIMOUS Mr. Pochman asks if the 4' is all right then? "-', Mr. Willet says. yes as submitted in the plan. ;', j. ~ iMr. Kelliher says 4' stairs and 3' in the walkway. There's no railing in the walkway? rj.; ~" J/. j,i t>: 'j. ,. Mr. Pochman says no; you do want 3' in the walkway? i j ~' ~, Mr. Willet says as it is shown on the plan the walkway is 4' and we just agreed it was fine. Mr. Pochman says we aren" t talking aboutcoht inui ngthe walkway the whole way, just that top section. Mr. Kelliher says he's talking about.the walkway going down toward the beach. Mr. Willet says that would besubmitted$epara~ely. Mr. PochmansaY$ heiwants to clar i fyhere, bec..use that will tie into, the platform, this will have to be 4'. Commission agree the platform is 4. Anything additional that is applied for WIll beS'. . ~ *7. Diehl - 44.Meadowview Drive -(56-297) '6tJ recycledpaper Town of ,N.Cilltucket Conservation . Commission (508)228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meting Minutes for June 27, 1991 Page 9 Present for the Surveyors. is Robert Emack, Nantucket t Mr. Willet reads ~he inspection report. A waiver is required for the wetland septic setback regulation. Mr. Perry says sJme of the soil left from the test pit is har-d clay; if Mr. Visco weY"'e here he would say it is a p~rched wetland; they are just going to punch through the clay and everything would be fine. That's what we've allow~d in other occasions like Cabral. \ r ; Dr. Dunwiddiesays YO\;l punch through the clay in a perched: wetland and YOU dr-ain the,~etland. '. Mr. Perry say$ it's out$ide' the wetland; you're not ~uhching through it, specifically. Dr. Dunw~ddie ~ays yoti~repunching through the clay layer that makes the'wet l.md. v M.r. Wasierski says you're right, it's making a drain point for the wetland. $', Dr. Dunwiddie asks do they have 6' from ground water right now? The field inspection report sounds like you don't have 6' now but you punch through the clay layer and it drains out yo u have 6' . .;., Mr. Perry says they didn't dig it out previously. There's a leach field sitting in the clay layer and it isn't functioning. So it's hard to say if there is 6' now. Dr. Dunwiddie asks this is a repai'r of an existing structure? Mr. EMack says it's an existing three bedroom system. As part of a real estate transfer you have to inspect the system. as part of the Board of Health regulations and the leach pit was foundto.,be'failed and has tbbe replaced. Dr. Dunwiddie asks if they have done test diggings and know how thick the clay is going to be? :~ recycled paper I Town . of,"'Nantucket . ,.,.:.._.'l::.{:~:~.." ::-,.. -,' -t~r;;_':'t\.-.;::_ Conservation" Commission (508) 228--7230 . 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for June 27, 1991 Page 10( Mr. Emack says 11' to get through it. The area to be.dug is 10'. Is about 15' away from th~crawl space. Do.esn't . know the depth of the ground water now. There was no standing water in the pit. ! ( Mr. Perry says there is no ground water at 11'; the bottom of the pit is at elevation 5 at the lowest so there will be 7'1 between the bottom of the leach pit. The known elevation does not have ~round wa1l'er-. Ground water might be 3". past'that. ',.t.' ~i. i~ .r j ". Dr. Dunwiddie says it seems crazy to be digging through a clay area that underlies a wetland. It would be a shame to see them ponch thrqugh'and drainthEl! wetland into the septic system. , t.. .: fi , i ~~.. } '>~, .... 1. ' Mr. Willet asks if there are any other options on the site. \. , Mr. Emacksays under the State, it's an isolated land sub jJtct to flooding. Undertoe, local. it 's a vegetCited wetland, not very lar-ge, and separated from the pond area. 1'; r {- ~, I' f; Dr. Dunwiddie asks what is the elevation at the top of the clay layer. Is it potentiallY down hill from the wetland and could the wetland potentially ,be drained through the,septic? Mr. Emack says he would say it is potentially feasible. The actual clay layer is 3" down. You've got some not very good soils above the clay. " .. i' i t f i Mr. Willet asks if the old system didn't punch through; it just sat perched up on the clay laYer? Mr. Ef!la!:k $ayshe never viewed it so doesn't know if it is a!:tually down through the clay or not. The original plan called for the same thing but he is not sure if it was installed properly. Was done 1Qyear-s ago when the house was built. Mr. Willet <says, if the originalsysteln was installed properly the wetland hasn't drained but you don't think it was installed properly. Mr. Emack says he doesn't really know. @recycled paper Town p!,~~t1tfket Conservation'.Commission ~ (508) 228~7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for June 27, 1991 Page i( Dr. Dunwiddie asks if he knows what the elevation of the wetland is. Mr. Emack says it is pretty flat. The contours ar~ p~etty flat. .-I f Dr. Dunwiddiesays since it.'s just a vEtgetated wetland aYld not a very big one andlille'res,nottalking about polluting operi waters I guess I'd rather take my chances in maybe adding higher nitrates and phosphates to a vegetated wetland than to risk losing the wetland. Mr. Wasier"ski says let the veget.ation take care of it. Mr. Perry says 1,-( yoy don' tpync,h through you'll have to get a perk rate~hr'o,ugh tremches4 Rignt now you' r-e greater than 2 minutes per Lnch. Mr. Emac:k says the best peculation rather than going down into_the clay would be closer t,o 1=he~\.l...face to get a better perk rate. To mound the system would take a substantial area. You'd be getting closer to this wetland. If you took the existing you would be 40' rather than 50' if you add a trench along this line. Mr. Wi llet a,sksif he wants to take a look at that. Mr. Emack says so you'd rather see it up than in. Dr. Dunwiddie s9Ys that is his feeling. Mr. Wasiersld says it seems if the clay layer is what is holding all the perched wetland ther,eit doe?t)'t seem r.ight to break through it cnddrcin the wetland. Unless someone can ' say no the wetland won't drain. Dr.. Dunwidd iesays , yes, unless someone can say that. Mr-s. Hussey says can you bring the clay back once you punch through? Mr. WasierskiSays I know wpat you're saying, bring the clay almost back up to the surface. r~ recycled paper . Town ..6fN'etntucket Conser~a.h~n Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for June 27, 1991 P ag e 12 Mr. Emack says that's possible if we had a real depth to groundwater. That's something we could investigate but we're not that high in elevation. 6; Mr. Perry summarizes the requests: look at the trench idea and the elevation of wetl.nds in relation to the clay layer to see 'if it's going down hill towards the location. Even the small test pits, as soon 'as you dig down about 6", you're into the clay; so the .hole area is going to hold water. ~!.."..~'.. . {-:'i~.-';- <.f' Dr. Dunwiddle says .if you punch a hole the water is going to go down. And if it'~ relat:t.1.".ye,,1,y;flat i.t' has got to be be~o~ ~~~t. J ' , MOTION: To continue for additional information and a file number is made and seconded. UNANIMOUS . ~\ , * 8. Greenhill - 16 Hoicks Hollow Road - (23-1) 4:'. ~ t ~'; Mr. Willet abstains from the discussion and the vote but remains seated to make a quorum. Dr,. Dunwiddie abstains from the discussion and the vote. _~.\t ~.' ~. ~ i: I i~ J Present for the applicant is Attorney Melissa Philbrick. " Mr. Perry says the addition is behind the existing house. Asks if they are adding the walkways which connect the residence to the studio or is there one now. Attorney Philbrick says there is one there now. Is bigger- than what was there before. Is wider on the back side. But is at no point closer than any of the existing walkways. Mr. Perry says if the commission considers that new construction within 50', then it requires a waiver. Attorney Philbrick s.ays it is a matter of inches if. it is. They are also adding a liyirlc.JrQom in back/of the house more than 50' from the coastal/bank -- is all on the back side; no t on the bank s de. . Isnotgqing any hig(1er. Points out a @reCYcled:;;,~~osed park ng area which was not inc:luded in the notice. Town 9.f Nantucket ~-'>,---,,:""'. ,--'-~.--')'->-:. .....;.~ - ,-.~>~ ConservaliO:h'Commisslon (508) .228-7230 10 South Beach Street N antucket, Massa~husetts 02554 Mr. I Meeting 1illet asks, so the , Minutes for June 27, 1991 Page 13 question is howclose~he walkway is. t Mr. Wasierski agrees is only inches. Asks for a motion this is ~ minor modification. Atto~ney Philbrick says she did it with a nEtW notice as they.have already come in with modifications and she was afr-aid it would create confusion. So this is the second Notice on the property. MOTION: To continue the hearing for a DEP file number is made and seconded. t UNANIMOUS Mr~ PE:!r...y Says he will draft an order for the next meeting. c.' REGULAR MEETING 1. REQUEST FOA DETERMINATION * a . Da vis 19 Mass Ave - (60.3.1-313) Lot 4 ~. 5 * b. Davis.... 19 Mass Ave - (60.3.1-313) - Lot 6 ~ 7 't Present for the applicant is Stephen Theroux and Glen Wills o.f Nantucket Surveyors . Present for the abutters is Attorney Rhoda Weinman. Mr. Perry s~ys there are two determinations which wil,l probably be discussed concurrently. Summarizes a.memo he has written to the commissioners. Is actually four lotsco!llbined into two on Smith's Point. There is an existing house on the harbor side of Madaket on Massachusetts Avenue and also lots across the street. The lots touch at one point in the middle of the road and therefore aren't contiguous accor-dingto zoning. One determination r-equests renovations to the existing house which include adding a bedroom where there is an existing garage and a couple of baths, removing a handicap access ramp and a door on the patio on the beach side of the .,~ house and the chimney. The other is for the lot across the \ :,~ recycled paper I Town of 'Nantucket , - .>;': --,~, t:.~ ,- ,. ,. . ,- , '.-'- - -,'-' Con'servQUon Commission ~ (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 fti} Meeting Minutes for June 27, 1991~ Page 14 street. They want to put a garage there but under z ning laws they can't, they have to put a garage apartment and tat's where the rub comes. The reason is, a garage is an a cessory structure. You cannot haveanac:cessory structur~ ~i,!thout a primary dwelling so, in order to have a primary dwelling, you have to have a bedroom there. They don't want ahou~e so instead they are going to put a bedroom above the ga'fage which makes it a dwelling which makes it legal to put on tllat vacant lot. l:ti\l t'l' t',:"t Attorney Weinman says this is required in a residential zone; in a commercial zone it would be allowed. -t, .; . l. ~ ~ ',' Mr. Perry says just remember this is a determination level filing, so you need to determine whether or not you,need a no,tice of intent for this work. They are actually a.dding two bedrooms to the existing septic system which was lost,alled in 1973. Presently we have no information on its separation from ground water-which, 1 a.ssume, is less than 6'. Notes that Dkonak's separation turned out to be less than 4' and that was installed in 1<;173. His opinion is there is a chance the existing septic is already polluting the ground water because of the lack ofseparatibn. It~oes not have the presumption of Title V which says that if it meets Title V then it meets the protection of ,the resource areas in the state Act; it may or may not .meet our Act. The other point is Glen Wins stated at the site inspection that the lea.ch trenches are outside our jurisdiction more than 100' away from the toe of the dune which is in front of the<house next door. But the commission does have jurisdiction over "a.ctivities outside the buffer 20nenot subject to regulation under the act and does not requi~e the filing ofanoticeof intent, unless andLuntil that activity actually alters an area subject to protection under the act." (310 CMRIO.02(2)(b)}. His position is with the existing information the Commission has, he feels the existing septic system is probably polluting the ground water and going into the harbor. Mr. Willet says probably or actually. @ recycledp8PfJr -''';;::'"?'':~~-;ir:~'r~-''{~~;~-''; Town of Nantucket Conservation Commission ~' (508) 228-7230 10 South Beach Street Nantucket, Massachusetts, 02554 I Meeting Minutes.for June 27, 1 91 Page 15 Mr. Perry says we don't know; we don't know t separation. If they can prove five or six feet t water, that's a different story. But with the ex sting information that we have on this determination, we don't know. . , Mr. Wills says they did not do the septic sys~em as-built. That was done by Hart-Blackwell. Richard Ray has received a copy of that plan with a letter from Epple certif\ying that the system is in working condition. It has a capacity for five bedrooms. Its transfer~nce hasb~en verified by Richard Ray and signed by Richard Ray. Mr. Perry says the informa,t ion suppl iedto Mr. Ray was they dug up the length of the leach trenches. They figured how lon(;J they were and dug down to the bottom to determine what the soils were around it and then said according to the diggings this is what the peculation for this leach trench would be and it can be a five bedroom system; no one knows where ground 'water is. Mr. Theroux provides a copy of the letter that describes what was found on that system signed off by both Mr. Epple and Richard Ray. Mr. Perry continues he thinks the biggest problem under Title V is that they can't hook up the garage apartment to the existing septic system. The Title V regulations 15.02 (18) state the use of a subsur-face sewage disposal system by more than one lot is pr-ohibited. In this case one leach facility is going to be used by two different lots. f' Dr. Dunwiddie asks about the perk test; as he understands they just dug it up and then turned on the faucets and concluded that water do~s run down to the septic 'system and therefore it works? I could have told them water would run through a pipe that didn'.t have a block in it but that doesn't mean the septic system works. Is that a standard inspection? Mr. Theroux says that's what the engineer has described. Mr. Wills says ,that is all that is, required by the new Board of Health Regulations for pre-1982 systems. r,~ recycled paper Town of NantuGket 1 _: ' ~ ' ~,;! ", -.',i ~ ConservaJion .ComIIllssion (508) 2~~7230 10 South Beach Street N antucket, Massachus~tts 02554 {I Meeting Minutes for June 27, 1991 Page 16 Mr. Wa ierski says I almost asked that of an applicant a little whilbackas to hotrJ they determined it had failed. If the toilet I till flushes apparently it hasn't failed. ~ t Mr. Pe~ry says we are not bound by Board of Health regulations. The separation of the exist.ing well to leach facilitiesiis 130' instead of 150' required under the current Madaket regulations. He has identified a couple of studies and a list of reference that the Commission received during the FrancisNDIs regarding nitrate travel in his memo. If they can't use the existing system they ~ill have to construct another to handle the garage apartment or they can't build an apartment and garage. Mr. Wills say?;what We haVe is 1;wo requests for determination filed separately. 'Reviews the proposed activity: removal of front entry way and handicap access ramp and repla~emen~ of existing doors and windowsftrim and possibly some Shingles, and relocation of existing chimney that is inside thefstruct~reto the exterior. The chimney is not working. Ther-e is no change in footprint or roof pitches. Interior wise they want to remove the garage door and replace it with a wall with shingles and then renovate the inside which includes the addition of 1 bedroom; there are currently three. Note in 1985 Mr. Kehlenbeck filed a determination and at that time they found the proposed work, which was the addition of the ramp ~nd enclosure of an existing porch, that the work was within your jurisdiction but would not alter. Commission agree they have no problem with the reno~ations; it is the added bedroom. Mr. Wills says whether or not we add one 0.... two bedrooms to that system isamoot point. There.c3.Son is, if we consider the deter-minationof what would be.the edge of the wetland being the very landward edge of that durie, which would be the face of the neighbor's hou~e, the septic system f....o~ the landward edge of that dune is 150' horizontal. The leach field was i.nstalled in compliance ~ith Chapter XI whi~h was the existing Board of Health code. Horizontally we are 280' from the waterline of the existing harbor. Mr. Perry says with have the presumption of ,,~. system may be 120' from ..~ recycled paper the .informatlCln we have now you don't meet ing Tltle>V~ Even though the the toe of the dune, in my opinion it . Town of !;~fucket Conservation; .:Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 MeetinqMinutes for June 27, 1991 Page 17 ( still falls under.our jurisdiction for potential pollution of the ground water. Mr. Wills says there is an,exi>sting system in the The presumption concerning Title, V in the regs is for construction of a new system. We're talking about an system that is capable ofser'Ving 5 bedr-ooms. ground. the . existing , Mr. Pen-y says it isn't u,ing five, it is only using 3 bedrooms. You're expanding the u~e. The historical use of this system is3 bedrooms. J. , \ t ',' ~,'; :':,. ~'~ ~-~.. " ,Mr. Wi II ssayseven if th~ system doesn I t work. and had to pe';r::eplaced" the' work thatwopJdt>e proposed to replace is still more tt1an 1()()' from ttle;.1andward edge of the dune. Mr. Pen-ysays at that time you can come in anp propose replacement of a f.ive-bedroom,mepeting current regulations, system. But right now, using tha..t system, we shouldn't be addi~9 2 morebedroomst,o it--not a.t determination level, because of the information we have now. Mr. Wasierski says he agrees. 1 Mr. Willet asks, so you're recommendation is to file a notice for this? Mr. Wills says a notice for what? We aren't proposing any wor-k to the existing system, Mr. Perry says.you are proposing to add a bedroom to the existing system, increasing the flow of this system. With the information I have now that wa$ submitted in this determination, andba!?ed on when it w~s installed and the informationtha.t. we have On nitrate travel, we don't know if it is polluting the harbor. I feel that it is. Mr. Willet says to Mr. Wills, and your point is the presumption is that it is'working and it doesn't pollute the groundwater? Mr. Wi lis says yesandquotesafl addition tot,he statement from 310.CMRIO.02C21CC>refi!!renced. by Mr. Perry: "In the' evehtthattheissuingauthority determif"1es that such an J;1i/.. . activity has in.fa.ct altered an area subject to protection 'fJCI reevcled paper ~ ~ tot' Town of Nantucket Conservatl6n Commission (5Oa)228-7230 10 South Beach Street N~ntucket, Massachusetts 02554 Meeting Minutes for June 27, 1991 Page 18 under the act, it shall impose such conditions on the activity or any portion thereof as. it deems necessary to contr ibute .to the protection interests of the act." There is no .eviclence here that states that the septic system has altered a wetland. Mr. Perry says there is no evidence that it has not. It's up to you to prove to us that it has not. $; t Mr. Wi lIs says but the laws stat:e there has to be actual, physical evidence that it has altered a wetland. We're stating that it is 9u~side your jurisdiction. Mt-. Perry says in the relation to the dune it is out?-~de our jur.isdict ion but. groundwater protect ion is wi th in; I feel it is a~tering thegrOl.lndwater. . ':'.f ,'>, ; t, .- Dr .Ounw~ddie ask;:5 why do you want to do this as a request? .j Mr. Wills says he was brought in after it was filed. The lot itself for the construction of the garage, if it were to go in just as a garage, is clearly not subject to the act and would not require filing either a notice Or a. determination. ,Dr. Dunwiddie says! think you are just making a mess for yourself. Whatever we decide is going to get appealed and chances are it's going to end up being a notice anyway so why don't you just save yourself alot of work. Mr. Wi.lls says it's two separatefiling$. C:learly the commissloncan act on the request that the lot .on the other side fo.r ~he. garage location is outside your Jurisdiction. Dr. Dunwiddiesays yes we could do that but then someone, I suspect, will appeal. So where are you? Mr. Wi Us says there is no gr:ound for appeal. Mr. TherOUX says we filed the request after speaking with the building department who told us before they could do anything we would have to come to you. It was not our intent to cause .arty harm but fo llow the necessary .procedur-e. Attorney Weinman says she thinks part of the request is ~ inappropriate at this time--to use the existing septic system. Y recycled paper Town Qf.l;lantucket Conservation' Commission (508) 228-1230' 10 South Beach Street .--N antucket,M~sachusetts 02554 I \ Meeting Minutes for June 27, 1991 Says $ e ha$ " C.OPY of the regul at ions and a letter from Richer Ray basically saying it is unacceptable. Mr1 Willet says Mr. Ray has already o.k.'d this system. Page 19 Attorney Weinman says no, Mr. Ray has not o.k.'d it. J, , Mrl.Perry says the p Ian that Mr. Ray saw wa's for' the house and the leach trenches only. ~e did not seethe plain that showed the garage apartment ti~ing into the system. :i I.N~ li'H r:i' . ~ Attorney Weinman says part of tne problem was the i nformatio,n Mr. Ray had was thiit they were .cont iguou'$ lots and he made his deter~ination bas~a on that information~ . Tfielots , - - - -, ' ~ are' clearly not'.'and I have casF law to support that and based on the fact they are not contiguous I have a letter from Mr. Ray today that says it has be<:ome evident under reexamination of Title V .....that multiple use will not permit pr-()posed i nstallat ion of an apartment over the proposed garage. '.. . . -. : /:;{~ -~ !~i(. ~ Mr. Wills says that what happens on that lot is ~omething I 1\ that Mr. Ray will have to deal with later; is totalliy separate 'L , from the house issue. J Mr. Willet asks what do you want us to do? Do you w~nt to withdraw this? :l . ;: .... I Mr. Wills says no. What we're stating is that we under-stand wha.t Mr. Ray has said today and at that time if the new owners still feel they want to pursue sdmethingwewill look at options on the lot at that time but it woul~not include use of the existing system. Mr'. Wi llet says so there are going to be c:hange~but you want us to act on something that is not going to work here? Mr. Theroux says we'wantto just focus on the house. We agree the tie in of the garage apartment to the existing system cannot happen because of TitleV. . Dr. Dunwiddie says 'what you're filing is pr-esuming it is going to .tie in. @ recycled paper Town of Nantucket Conservattbti Commission (508)228-7230 10 South Beach Street Nantucket, Massachusetts 025P4 i I Meeting Minutes for June 27, 1991 Page 20 Mr. Theroux ays it was not until this afternoon when we realized the errr that we coUld not tie into the existing system. I Dr. Ounwiddi!e says SQ why don't you change your request. and erase that little.tie in connection to the septic system. i Mr. Theroux \says it was too late to cancel. Mr. Wills says they did not hear from Mr. Ray until 4:00. ,. ( Mr. Ronald Messinger, an abutter, asks wh~ didn't you state that from the beginning instead of waiti..ng till it was brought out. These gentlemen just went through the e,ntire proposal. 1 see a 1 ~of you nOd"d ing your head . It is not .clear what theyar;egoiM ,tot do'. Theykn~w they had a problem and the.y d idn 'ttelJ you untii ~ . you brought it up. Is that the correct way tobr iog a proposal in here,? Mr. Willet says we got down to it in the end, though, didn't we. Mr. Theroux says it was not their int.ention to hide the facts. ~e were just acting on some late information that we had received. It is our intention todo,only what the commission and the ~bdes and thel.wprpvide we can do. And no way do we set out to harm the environment. The Owner and potent ial buyer ,has aright OD the property f of course under your jurisdiction, to work on his dwelling. Dr. Dunwiddie says if this is not going to be tied into i;hat- septic system the.n. what ac:tivities..are you propo,sing that ~ould be SUbject to our jurisdiction that you are filing your request for. Mr. Wills restates the renovation including the 1 bedroom on the existing house. Dr. Dunwiddi~ says, and your concern is the one bedroom? Mr. Perry says yes. Dr. DunwiddieasksAttorneyWeinmanifshe has any comment wi th regard to the, referenced section in 310 CMR in terms of ~ recycled paper Tow.n qf .,Nantucket . Conserv~U~Il ;C6~mission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting MinlJtesfor June 27, 1991 Page 21 whether there shbuld already be a demonstration that it is negatively impacting~ , Attorney Weinmcm says her feeling is the determination for the house needs to be looked at separately and can be discussed. In that regard she has some well studies that have been done that will show how terribl~ it is at Smith's Point. Thinks the second determination shol,Jldn't be before YOU; what they .are proposing obviously can't b~ done and should be withdrawn. ,'.~ . ,\ . ......' '. ..~. Mr. Wills says he thinks the commission can look at the !; res:J4est asa request to build a buildirtg, whe.ther a dwelling ~;' ;O,ri C;igar~ge, on that lot. Whether' or not it can be completed " " due I th other concerns , the commission has the responsibility tb act on the request and fitlc:fwhether or not an activity will alter an area or not, subject topr-otection under the act. Says the lot where the work is proposed is clearly outside the 100' buffer zone. " ! ~. - Attorney Weinman says whether or not it is outside the buffer she still thinks it is with.intheir jurisdiction. We 'have a serious pr-oblem at Smith Point~ The application that was before you a month ago, th. minutes of the meeting clearly indicated the area was between. two barrier beaches and waS an extremely fragile area. We've got data.Of 18 wells that was done in 1986; the water was recommended not for human consumption in some of the wells. Every single one had sodium well above the recommended limits. Presents a copy of the study. Thinks it should be within you.r jurisdiction and the septic system should at lea.st have a pr-oposal. ~ ~ Dr. Dunwiddie says that's all elevated sodium; all the concern with the septic would be nitrate loading. Mr. Wills notes everyone tested is below the recommended limits. Mr. Messinger says his neighbor's well just failed and it was replaced. As I'm.sur~ you're all awar-e,some Df thewells are as shallow as 10'. We are get't;ing rust. We are drinking bottledwater-andthereare many other abutters here and >1 think they.wiIltell you we have twice as much development as we should. We cannot stand any new development. We are r~reCYCIec!;a~:;ing out of water. ( '1 ~ .;, ~.> l{ ". Town of Nantucket Conservattort':'''Comnrission (508) 228-7230 10 South Beach Street N antucket, Massachuset~ 02554 Meeting Minutes for June 27, 1991 Page 22 Ms. B~rbara Veno says she is a year round r-esident. Every year around August the water gets worse. Remembers a talk given I:lY Mr. Klein tottle Smith Point Associ~tion a few years ago hespecific~lly said the only reason that we had water in the sUlTlmerwas because we were only three people living there in the winter. In the summer there is no~ 55 houses. In Mr. Klein's opinion at that t.ime we were aln~ady over built. In my opinion this garage apartment is a new house. . )" Mr. Wi! IElt says he doesn' t think we al~e talking any more about the garage apartment. Mr. Wills says he still thinks the commission can make a determination On the lot. . \ <. r Mr. Willet retracts his comment. Says you are right, we are still talking about it. Mr., Wills also notes the testing analysis tha1; AttornElY WeinmanprovideQ was for the ti;me period July 22 to September 22. A1.so asks the commission to explain how on the 16th of May they made a finding to allow an additional bedroom for a septic system that was installed approximately the Same time in the ar-ea. Mr. Perry says that was on Rhode Island Avenue and they went through the same discussion as we are having now and the septiC ~ystem was located at least 100 feet further from the harbor. Mr. Wills asks if that system waS closer- to a wetland. Mr. Willet says .yes, it was close to a dune. We had a little more detail information. It was further from the harbor. Mr. Wills says they are outside the buffer zone and that approval of any activity that would go on in that lot that does not tie into the existing septic.system would be a necessary first step to making a proposal to the Building Department. Ms. Cheryl Creighton of the Nantuc,ket Land Counci 1 .~ ,eCYcled:;:,sents a letter for the fi Ie stating the reasons why the 2 ~ ( t ~. .,' . 'f- . .... ~. t~ i ~ ., " " Town of Nantucket Conserva'ti6Il\.:;c6rii~i~sion (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for June 27, 1991 Page 23 requests do not meet state and local regulations and therefore must both be reviewed together' 'and as well must be denied. Says one of the responsibilities of the commission is, to coordinate issues of environmental concern with other agencies and therefore thinks we cannot make a decision at this point. Notes that installing a septic .system that can handle increased capacity without building to that capacity has been represented by engineers in the past as being environmentally preferable to installing a 9maller system. Feels the commission is being put in the middle of an awkward situation. Is a fragile area, close to the har-bor, having a sha110w ground table and not muCh open land On that barrier and they don't ,have information with which to evaluate .i:f the current ,system meets today's regulations. Does not think they should 'b~in!re~sing the loading capacity without the information requested. Concludes there has been a lot of confusion and misrepresentation this evening regarding this. J. , ~i . . \ Dr. Dunwiddie says the central point is in regards to our jurisdiction, since we're talking about an area that is more than 100', and what the section on the regulations that Mr. Wills read, means. In the event that the issuing authority determines that suchan activity has in fact altered an area protected under the Act, would seem to mean we have to demonstrate that it has in fact. They don'~ have to say that it's not altered. Mr. Perry says that's true but what I'm saying is that it is altering, so it's up to them to prove that it is not. Dr. Ounwiddie says what evidence do we have that this activity is altering? I agree with everything Ms. Creighton said. Mr. per-ry says based on the information that we have, we don't know if it meets the presumption of Title V. Dr~ Dunwiddiesays how is this activity affecting. Mr. Perr-ysays in his opinion the septic system is altering the ground water, start with that statement. I also said that with the information we have<curren.tly it doesn't meet the presumption of Title V, only because in 1973 there wasn't the care of installation we have now, there wasn't the ~ 6' separation fl-om ground water we have now. Another section 'W recycled paper Town of ~antucket Conservatfon ' Comm.ission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 I Meeting Minutes for June 27, 1991 Page 24 of the regs. ays if the septic does not meet Title V it's up to the appli ant< through a preponderance of evidence .to prove to the commi sion that it will not harm the resources. Since we don't .kno~ it meets Title V, and there hasn.tbeert any information submitted that it does, then ,how Can there be a preponderanc~ of evidence to prove that it doesn't harm the resources? Mr. Willet asks if we could find where groundwater is out there. Is that an outrageous request? ~ t, Mr. Wills says he wishes he hadbrpugtit it with him. Horsley has done a recent ~round wa~e~study and he believes the contour. elevation On Smith Point is QI"televation 2. We ar-e in a Zone Barea.,and .,theseptic i~{ in20neCwhich is the 500 year storm areo'wt1ic:h means ,at' 'a minimum is above elevatiot'i 10 per the USGS Quad map. " Mr. Willet asks(if we could have that infor.mation for the file. Dr. Dunwiddie says it wouldn't take much to get a lot more information than that. Mr. Wills thinks the thing that is getting a little confusing is the presumption to Title V that Mr. Per-ry keeps referring to. Whether it meets Title V or not-- I wouldn't say it's a moot point because we would like to make sure it meeti Title V, as a minimum, it should, from an environmental standpoint. But we aren't proposing to construc.t something so it's not r-elevant. We don't have to prove that it meets Title v. Mr. Willet asks if they would like to reconsider the proposition or- would they likea vote. Mr. Wills says as far as building a g.arageapartment, g.oes, they know it cannot be tied into the existing system ,and they will be willing to make that modification now. Thinks the commission can act on that request. On the other request they would lIke to check with the Davis's f.irst but would like to continue for two weeks in order to provide the requested information as to where ground water is. They know in Hatt- Blackwell's work they dug down 41/2'. from the ground surface ~ recvcled paper Town ..o..........f._.f.r. N...........~...........t...uc~et Conservati'brt<' .Cc>mmission (508) 228-7230 10 South Beach Street Nantucket,. Massachusetts 02554 Meeting Minutes fOr June 27, 1991 Page 25 to the bottom of the leach trench. They will confirm this but he thinks it will meet Title V for- separation. Mr. Wi llet asks why don't you just put the whole thing pff ! for two weeks. Mr. Wills says he will have to confer with the Davis's. i( ; .; . Attorr'ley Weinman comm~ts on the Perkins-Jordan report which is the water study report in 1964. Reads into the record the information on New Smith Point area and provides copy. Says the area west of Hither Creek is virtually isola1ed! by sal"t water" a.nd the rest of the island by the ,creek., The ar.~a's rel.ativ'enarr.owness and flat topography pt-everhs the dervelopmentof a thick freshwater lens and, therefore, the aquifer is particularly sensitive to both the amount of water withdrawn from it and to how much septic effluent is added to it. Continues with the fact that there are currently 57 houses in' the ar-ea and concludes that the exisJ;!ng houses represent the maximum the area can support and recommends that further building be prohibited in the area west of Hither Creek. Says she has been there since 1976 and it has been a gradual situation but the water this year is brown and she has no water pres~ure whatsoever. ,.' :' ~" f -. l f, , :'(.~ ,. ( . Mr. Wills asks for a ~ecess to discuss the situation with the Davis's. Mr. Wills says after conferring with the Davis's what they would like to do, with the commission's permission., is withdraw without prejUdice the request for determination of the garage apartment. The~pplicationfor improvements to the existing dwelling they would like to retain and ask that the commission make a determination and we will provide to them the verification if it exists that the system meets the Title V separ-ation requirements from the facility to ground water tomorrow~ Mr. Willet says wewoU.ld like to see that information before we make the decisiOn Mr. Wills says i f thei~ystem does not comply to Ti t ie V it will be brought up at a minimum to Title V requirements. @.recyCled paper . Town of Nqntuckc~t . Conser" ~ttbti' 'Com:mis~idn (508)228-7200 10 South Beach Street Nantucket;. Massachusetts 02554 Meeting Minutes for June 27, 1991 Page 26 Mr. Wasierski says this septic plan doesn't have enough information on it. For example, it does not address the use of..a garbage disposal. Mr. Wills says that is all theao~rdof Health requires for the ~ransfer of property. Mr. Wasierski says he is surprised it doesn't address a garbage disposal wi th 10qo gal. ta.rtk-,. ~ t Mr. Wills says you and I knowl~Q() gal mlnlmum is required for a garbage dispos~lso it is quite obvious it is not permitted. Agrees it doesn't say that but says they did not do the plan work. Mr. Werry says: we don't have to determine tonight as we have 21 days todec:ide and th,eapplication.wasn't complete unt i I Tuesday ,of th i s week. . ~~commends the hear i ng be continl,led. , .:: ~ : Mr. Wi llet says-he would like tQ I;<eep thehearin9 open until you get this information to us but it is up to you, if you would like the vote tl1at'$fine. Mr. Wills says they would liksto continue for two weeks and they,willpr-ovide the requested information. Adds they would like to request that if any additiogal information is presented to the board by abutt,.ersthat.th~y get copies a little bit earlier. Mr. Willet...ys ~hatis a reasonablerequest~ Mr. Wills says he will provide that information to you tomorrow mornirtg. MOTION: To continue for additional information is made and seconded. UNANIMOUS 2. ORDER OF CONDITIONS a. Gamble - 90P9como R6a.d - SE413....654 - (15-43) . . Mr. Perry says he 'ti\as received no commen1:son .the draft. . ~ .,ecvcled pape, 1'q~~"i~\(~~\U.::'q.k. ,~t . ";":""'-.:~".. -:~"i~,,,-.,,~J,,, ~ '.'> ~:,- "''> ' , .CoIl:s~rV'ation. .' C()JnIl1ission .'t- . ,-, ~ !~;O:' .-', .' (508) 2~723(f' 10 South Beach. Street N antucket, M:~usetts 02554 Meeting Minute$ for June 27, 1991 Page t seen any formal language. It is a clone, literally, of other conservation restr ic t ionsonth~is landacc::epted by the Land Bank and has been reviewed by Town CounseL The prohibitive uses are the same, the reserverights>arE!Fthe Same. What varies is the amount of restricted area and what portion ~f the lot is restricted. The're is a plan that is attached to ~~r~~iet~~tc;~tif~w~i~~~c~~n=r~~eT~~:~:~;~~lg;:n~~~~ :~:eonr restriction has" a ,right to. do it and then if there is any bank statement attached to it. I'm prepared to d~ that; there's not a problem with the mortgage on the property. The second is that the exhibit attached clearly, easily identifies the rest~icted are~. ~. i ~ . (, ",~' < t ~. ~;" ~ ~J:_ ,:'~.,; . ~r. Willet ~sk~ Mr. Perry if he has h~d a ch~nce~o go back over the minutes to see if it is what we discussed. ~ Mr. Perry says from his ~emory we intended to restrict even a garage being built there but he will check the minutes. -~Mr. Willet suggests we continue to verify the document ag~inst what was agreed. Or. Dunwiddie asks if the two .pieces can be connected. Feels conservation areas should be madecontiquous. Attorney Phl1br-ick agrees to have the engineer do so. \ ,. b. Rauch RFD - 84 Baxter R04d - <49-37) - minor mod Mr. Perry says this is for, a lot out on Baxter Road. We approved by a determ.i nation for an addition. They asked for a 10' deCk and we 1 imitedci. tto 8.'. They now want to extend the deck to thes~rru~r.togo out the utility door. The problem is that it goe~~iri5ide.the50' buffer. Dr. Dunwiddie sayss,othey<filed for a bigger deck, ....e told them to cut it doWTi and keep it out of the 50'; nOW they want a biggerdet:k, back in the 50'. Tell them "no". MOTION: To deny the modification is made and secol"ded. UNANIMOUS ~~..tecvcJedpaper Town ?~.,~W1~~8~~t eonservat'i(S'nl"coIkmls~lon (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 I I Meeting Minutes for June 27, 1991 c. Annua discussion - Airport pipeline Mr. Perry says part of the requirement of th~ Cert.i.ficate of Compliance! was that they come in once a yeart~ telL us . what's up'with the pipe line. Page 30 , Mr. JaegEtr says it is doing wonderful and a. lot lass often. Our i t1g' th~past year they have negot,iatE!dan agreemeflt with Harbor Fuel to rUn all, of our je,t .fuel into their facility using' an old kerosene storage.f.acilitythere.Since jet fue} is 2/3 to 3/4 of all the fuel that we move, .we've been able to reduce the use of the 'pfpe,1ine drastically.. Last year they ran 452,666 gal. of fuel total. If w:e"hadh~~ this same operation going last year it would have r-educed that to 118,000 gal. To put that in p.erspec;tive the airport gas station so l;d :?OO, OOO'ga i. of c:;J cl$.<Pl l.Ti\e last year. So we 'r e talking about a very small volume of fuel being transferred through the fuel transfer facility. f ~. . Dr. IDunwiddie asks how many unloadimgs is that. ,~.' Mr. Jaeger says it is about 6 per year, about 30,00Q max per trip. The delivery is largely concti;!ntrated in the summer months. They don't sell much fuel in the winter and1;hey sell even less AVgas. Most of the air carriers at the airport u5e jet fueL They bought 20,000 of AVgas in November and didn't buy any more unt i 1 Apr i L fi Dr. Dunwiddie says he thinks the commission is mostly interested in hear i ng about you.... prob lems in terms of what difficulties you have encountered in 'unloadings if any. What has broken. What has not perfoTHl'Ied as designed. Mr. Perry says about 1 1/2 years ago a float got broken off. Mr. Yaeger says none. Continues, in times of severe northeast storms we've had SOme problems with the float but not when using it. Th~y have n:at spilled one drop.on the ground or on the water when using the pipeline. It has been very, very c:arefullymonitored. Dr. Dunwiddie asks how long he has been here. Is wondering if the safety measures that were installed in ter-ms ~. of absorbent pads, etc., having the fir-e departm~nt on si te, :y recycled paper I Town o!....Narltucket Conservati6rt Commission ~ .} (508) 2W1280 10 South Beach Street Nantucket, Massachusetts 02554 MeetingMin~tes for June 27, 1991 Page 31 ( availability of the emergency people, whether all that is cont i nui ng a'S-' or igi na 11 Y P lClnnet;i. Whether there are" any shortcuts being taken. .f; , Mr. Yaeger says he has been with the Airport since last. October. And it has even gotten more complex. They do have a third party detail from the fir.e department present a~ all of these operations. ThE:!Y do have a full storage shed full of absorbent materials to be used if necessary. ,........:!'ll...'...'.....\... " ~;.~:,\ I"~; ~f~'~ ' i -to , . r Mr. Perry says he is notified when deliveries occur and he goes down at random. 'Dr. ':'Qu~wIJdie asks if he has even seen any.thing gqing on that :is .cdncern. ~,~ ., 1'1 ,:,,; Mr. Perry says a couple of the early times that they were unloading they left product in the pipeline but he is told that doesn't happertany longer. They were supposedtodr~in it out ~ That came out in the paper that the pipeline remained full ""between unloadings. .'/",\ Mr.. Yae~er says the emplC1yee that was involved with that is nO longer with the airport. The pipe line is de~igned so that should the valve be opened on both ends it would drain back into the'barge. Each end has a containment tank that would contain the whole contents of the ~ipeline if for instance someone just opened it and dumped the fuel. out .of the pipeline. It's a very simple device. People keep calling it a pipeline. I'm trying to tr-ain myself in saying it's a fuel transfer facility. It's not a pipeline. ~. i; ~~i., ." ~ .'., '\ , i~' j1 ~,.;' Mr. Perry says the other questions the commission has is with regard to the SFEIR. Hopefull y we'll get a time frame on . that and a new dye study. Mr. WJ net says the original dy:stUdY was flawed to some degree and the cOmmission had requested a new study for years. Mr. Perry adds the State as well had. requested a new study; at this point all we need is a t.imeframe. Mr. Yaeger says we ar-eworkingto complete the FEIR ir.l order to satisfy the State r-egulations. We mayor may not do @ recycled paper Town of Nantueket :~ .i.-".;:::,"'_:',': - "::", ,',_ <.~'-,c_,_.,:_,,::,,>_, _<'T,:' Conservation, Commission (508) 228--7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for June 27, 1991 Page 32 any additional data gathering, i.e. ne~ dye study, depending on what the finding is of the $t~te author-ity. Mr. Willet says it has been suggested by us and by the state that another dye study be done. You are aware of that? Mr. Per-ry says in addition to the state, the commission required 1t to get a new.l!fye study in thQcertificate of compliance and be inc'ludeEi in the FEIR information. Even if the state decides it doesn't need one we still insist on it. t Dr'. Dunwiddie asks is there any inten:tion of an alternative site or is this basically what's being looked at as along term solution. t ". Mr. Yaeger says no other- alternative site is being considered at this peirl't. It was felt that alternatives were thoroughly investigated in the course'O:fthe original study. At this time we are working with the application that's on file. We're trying to make it perfect. So far we are dealing with an existing facility. Until we're told that wiTt not work we'll have to go to something else. We're dealing with a tempor-ary pipe line C)perating under a tempor.ary certificate. We did do the environmental studies. Some folks think they're flawed. We will continue to work on that until it's satisfactory. So I think it's premature at this point to sink the ship and go out on another site. \ ~ Dr. Dunwiddie says he only raises it as it was represented to us as a temporary so'lut ion. As I recall it was represented to. us as an emergency and that's why it was imperative on us to issue permits for this. Mr. Yaeger says he believes it was an emer-gency. Dr. Dunwiddiesays that's my question, is it still an emergency that requires this to be there or is it going to be like WW2 Quonset Huts that are still sitting allover the landscape? Mr. Yaeger says we are continuing to. lOOk. for other ways to handle ourfuelY'leeds. '., Having:aViation>fuel here is absolutely essential to the, saff'ii!~yand theecooomic viabil'ity of this whole community. Sogaso~ir:'e is anemf.i>rgency need of 0).. . our.so We have no way of getting.Jtthat is'acteptable to .~ recycled paper I Town of Nantucket ~:-', _,".n,.-1 ,';- "\ _ ,~,:-,:__ :_i Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 I Mee~ing Mlnutes for june 27,1991 Page 33 ( anyone. We continue to loo~ for other solutions to get AVgas here by other means. On th other hand, because I feel so insecure on having to depen on wh4tever alternative needs we may have. I would like to hq e that fuel transfer fac;:ility available to us for emer~en~y use. I think that is somet~in9 that you and we can work to~ardas. compromise use. I would love to be ab Ie to, as we do. wi th. jet fvel, call up Harbor Fuel and say bring out 2000lgallons,betause that's what we do now. They bring it out ,in a truck. We don't have t();buy it until it goes into our tank. If I could do the same thing with AVgas we'd do it tomorrow~ '....\.) ~\ .~ Dr. Dunwiddie says, can I ask why you can't? ~ , Mr. Yaeger says because there i~ a lOot ofconceth with adding AVgas to the use of the pre!Eient Harbor Fuel f4ilcility. There's further- COncern on the,part of the fire chief in delivering that additiOnal fuel toa fuel transfer point inside the boat basin. . ~ Mr. Willet asks historically has it been unloaded, there. Mr. Yaeger says yes. It stopped well before the pipeline facility was used. 1\ ':; Dr. Dunwiddie asks is the haz4rdiA ~ransferring AVgas any greater than transferring the automotive fuel? \ ",,' , Mr. Yaeger says no; but it's a lot greater than jet .f:\Jel. Auto fuel ys. kerosene is about the same comparison as AVgas Ys. jet fuel. They are very similar products. Dr. Dunwiddiesays he is Only Clsking these questions so it gets in the record that it was a temporary measure; it continues to be; and this is admitted by these people that they are looking for other !Solutio.ns and I just want that to be clear. Mr. Yaeger says sure. Again, and I tr-y to make this point every time ItalktO$omeone about this situation. Some folks have said thatT'mthro.witlgioutsmoke screens but this is not my intent. The cpmmunityofNantucket has a severe problem with tE'garditp petroleUfn~f9~f'.? The airport does in fact ,use somewhere between 400.0()O'~'Ac;J' 600,000 ga 1. a year. There are .Q\i... . 12,000,000 gals. of petrole~mfuels coming into the harbor '6eI recvc/edpaper. ' '~":.i:;-~: "-: "';';'!';,';.f':;'i~'1l' .; ,~:'"t_':,t;~'"'~ "'_~':'~o': :'-!,,'';'" Town Rf.. NaJ}~k~t Conservation Commissipp ~ (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 Meeting Minutes for June 2 , 1991 Page 34 through the boat basin, 1/4 of a mile away fr m this facility. So when you think about the airport and our t ansfer facility and our impacts, please put it in perspective of 600,000 gals. against 12,000,0009a1S. If you can give.th~ same amount of energy to the larger problem that you give to.! our problem, then I think we may come a whole lot closer ~o solving it. Mr. Wasierskiaskswhat about the recordJd title problem on the land that the tran~fersystem is on. z' \ Mr. Yaeger says Town Counsel is working on the problem right now With the Low's. The~e is conside~able disp&te as to whether they hi fact have ownership interest in the land. I think we're going to ha.ve to leave it to the attorney's to sort it ,out. I don't tht"'k we've even begun to get c lose to a settlement. Mr. Willet asks for additional questions from the commissioners or the audience. Mr. Perry thanks Mr. Yaeger for coming. d. Silva - No. Liberty Street - mowing Mr. Perry says thisi~ our semi-annual discussion on Mr. Silva's pr-operty on North Liberty Street. Shows photos taken this spring and during mowing. Mr. Willet says Mr.. Perry has suggested the commission file ar-equest and Dr. Dunwiddie inspect. Dr. Dunwiddie says he has to get permission to enter the property. Mr. Perry says YOl,Jcan stan(:l on the street in front of Cranberry Constr-uction or on Liberty Street. SaYs last year is was full of Sensitive Fern and Purple LooseStrife until he mowed it. Would like to put this to bed. Says he will set something up fOr a filing in August if the commission is agreeable. We've sent letters saying don't do it. e. Meeting Schedule Commissioner-s agreed to reschedule. the August 22nd hearing ~~~reCYCled:;:eet on August 15 at Mr. Per-ry's request. I Town qf N"antucket Conservation' Commission ~, .-'i': (508) 228-7230 10 South Beach Street N antueket, Massachusetts 02554 .- Meeting Minutes for June 27, 1991- Page 35 , .. ~< f. Appointment to Planning Commission MOTION: To appolBt P~ter Wilson to theP~anning Commission. UNANIMOUS g. Burke - Additional Special Conditions - clerical error Mr. Perry says there was a clerical error in the; Addition.alSp~cial Conditions in the s~ction regardin9 th~ ridge height of the boat house. Instecild of "apartment II it! should r~acLttle"bedroom". Has wr i tteJ"l a. letter tOt'11f" . 'Burke explaining. the change. Also said the commission c:on~lders this word change to be insignificant and does not affect the issue date of the Order of Conditions. MOTION: To accept the change as an error to be corrected. UNANIMOUS 5. CORRESPONDENCE Mr. Kelliher, says he would like to make a comment that we are handicapped inaccessible as you cClnnot use the elevator without a key and no key is ava~lablefor our meetings. Mr. Perry says he will look into it. 6. MINUTES: for June 13~ 1991 MOTION: To accept the minutes as drafted is made and seconded. UNANIMOUS 9. BILLS TO BE PAID 10. FIELD INSPECTIONS -Monday, .July 8, 1991, 4: 00 pm Mr. Perry introduces Diane McColl, newly appointed member of the commission. MOTION: To adjourn toe meeting at 9:45 was m.ade and seconded. @ recycledpaper UNANIMOUS