HomeMy WebLinkAbout1991-07-11
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Town of Nantucket
Conservation Commission
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4 North Water Street
Nantucket, Massachusetts 02554
MEETING
ES FOR JULY 11 1991
The meeting was called t order at 7:05 p.m. in the Large
Grouplns~ructiDriRoomof th Nantucket High School.
Commissioners present were W"lliamWillet, Laura Hussey, Peter
Dunwidc;He, Henry Wasierski, 'Daniel Kelliher, Peter" Wilson and
Diane McColl. Alsopres~nt iwere Bruce Perry, Admini~trator, and
LuciaWyetht secretary.
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Aa COMMENTS AND QUESTIONS F~ PRESS AND PUBLIC
Ba PUBLIC HEARINGS
1. Poor - Quidnet - SE48-635 (20-49, 50.2, 50.3; 21- 58, 119)
2. Poor - Quidnet - SE48-637 (21-122, 118.1, 119.1, 119.2)
MOTION: To continue fbradditional information was
made and seconded.
UNANIMOUS
3. Lane - West Chester St. - SE48-653 - (41-478)
MOTION: To continue at the applicant's request was
made and seconded.
UNANIMOUS
4. Craig - 1 Kimball Avenue - (30~33)
Mr. Perry says the file to DEP was sent to the wrong
address.
MOTION: To continue for a DEP file number was made
and seConded.
UNANIMOUS
5. Diehl - 44 Mead6wview Drive - SE48-656 - (56-297)
Present for the applicant is Robert Emack, Nantucket
Surveyors, and Attorney James Glidden.
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Meeting Minutes for July 11, 1991 Page 2
Mr. Wi11etsaysthe comm ssion had some questions abo~i
pos$>ible dr.aj.nin<~ of the wet and if they were to punch through
the clay.
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Mr. Emack.sa.ys there was.a$>uggC!?stion.the system be
moundec:l inor(jer to 'stay abCJvethe impervious layer. This,
howey~r,is not allowed by" Title Vas, in order to mound. a.
system,. you hc'1ve to have 4'ofnaturally occurring pervious
soU there right now in order '.. to~get a good perk rate of
be.ttel'" .than 30 minutes per Inch which is pretty slow alld which
we don't have. So even if we were to mound the system we
would still have to.e><cav~teto.remove the impervio~s '.'
material. So that doesn't fnake'a lot of sense to dO that.
One thing he did think of doing but he hesitates to bring it
up simply bec::ause.he doesn't kno..,whether OEP is go~ngto
a~lowit;they are hashinca it over and didn't say no. The
di"ffer~ncein .elevation betw~enwhere the system is going and
the' grpundlevel and the wetla. n. d is only about a foot so.,. I
havea:f'Eieling that what' YOl.t(re$caying may occur-__~hat .~a~er
may drc'1i'nto'acertain degree. . What I have in mind is 'to go
bel()1"'~~i~":"_i~~hatLauraw~~< ~i'-Y:ing last time.. Could we go
belowtlia~ilnpervious 1ayerc'1tlc:iput the clay back OVer the top
ofii;...R""therthanuse a pit we>would use what they call a
flow. diffuser which is about.i.!'1fpot high and you put it in a
stone I:)ed..... They work a lot better than a pipe and d istr ibute
the effll.u;mt"ery welL
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Mr. Wi 11et asks .if th is system has been used before.
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Mr. Emacksays no. Continues what we would do is make a
big excavation in the middle, take out everything, putc;lean
sand un~el'"neath and maintaih a6' plus separation to the
actual regional ground Water~ According to Horsley Wit~eh 8.
HegE;!mann maps it is somewhere below 10 there, so it giv.s us
plenty of access. After we put the flow diffuser in we'd put
a .filterfabric over the entire excavation, the clean $~nd and
stone, then go in and put a good quality clay layer over the
top, slightly above where the impervious layer is right now,
the idea being the water would come along and the clay WQuld
act as somewhat of a seal and a dam and keep it from dr.ining.
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01-. Dunwiddieasks how easy is it to make a waterprpof
seal, reconstructing the clay and compacting it so that. it is
going to be watertight.
Mr. Emack says heth i nks it wi 11 have. to be compac tEi!dand
thinks a lot of it will ha,ve to do. with the type of claY ,'used.
Says they may have topurd;haseagopd,quoal i ty clay and.
sugge!it$that also an anal~si~\be mad~ ...0:[.... the clay th~~: is\.
alt,eady \there'to s'fite~f it It.fG,\J!;d,p~~r~fble. ::,) \
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Meeting Minutes for July 11, 1991 Page 3
Dr. Dunwiddie asks what is different about this that the
State might Object to.
Mr. Emack says the regulations _tate you must remove all
impervious material within a 10' diam~_t(!!r;C/llon't let you put a
seal on top. Continues the alternatiVS,isto do basically the
same thing but bring it up higher andm.aintaina sand layer
all the way from ground to what's below the impervious
material. Says they considered a tile ara,iflthat would take
the water as it came but there wasn't any<practic;al way to get
it back to the wetland.
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Mr. Wilson asks what about a berm of clay.
Mr. Emack says they considered that~iH~Q..nd thinks
could be incorporated if DEP doesn't go fQr the other.
subsurface bel-m wouldn't give protectiol7l QVE>I"" the top,
however.
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Dr. Dunwiddie asks. why you can't do ltlounding that would
get it above the impervious material.
Mr. Emack says we only have 2' of sOil and it doesn't perk
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Dr. Dunwiddie says you can dig around j.twithout punching
through the silt_underneath.
Mr.. Emack says the point is the material below has a fast
perk rate but the material above they can't get to perk; in
designing the system you have to use the p~rk rate of the
material you're going down to. The material at ~' is worse
than 30 minutes per inch perk rate so to leave that layer in
tact you'd beer-eating a big bathtub. It wouldn't have
anywhere to go except horizontally.
Mr. Willet says that's what Dr. Dunwiddie is talking
about--spreading it out.
Mr. Emack states reg,ulat ions don .'t allow for what you're
saying. If we had 4' of material above we could put the
system on top of the ground, theoretically.
Dr. Dunwiddie says he thought you could excavate around,
take this ~ut and replace it with perkable material.
Mr. Emack says you do but the idea is, to get through the
impervious material--take out all the impervious material.
Dr. Dunwiddie says this can't be the only site on the
island that has an impervious layer that you can get through.
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Meeting Minutes for July 11, 1991 Page 4
There are all sorts of people who at-e mounding systems and not
punching through an ifnpervious layer to a pervious layer.
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Mr. El'1'lack says yo'u don't always have an impervious layer
when you're mounding iasystem. It's mostly as a result of the
lack of separatiOh t groundwater.
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Dr. Dunwiddiesals my objection is the whole idea is not
to dump your effluen into the regional water supply which is
what the ground wate, is. It's to put it relatively near the
surface so thatplan~s can take up the nitrates and
phosphates, e,tc., an;dremove them from the water. Andwhat
you're doing here is basically an injection well--pushing it
down intothegroun1water.
Mr. t::macksays but we are maintaining over 6' of
separation between the regional ground water" table.
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Dr. "J;)unwiddh! says yes but we all know water goes down and
it's goi"Q to ,.get there sooner or later and nothing i.sgoing
to take it out.
Mr,.F;lft~cksays he doesn't think that's the principle of
the 6', separation; something's going to take it out. It's a
f i 1 trati(jin:'system. '
At~o'T~~YGlidden says yo~'re objection is what-,...if you go
througf'F~h. c:; lay you are goi rlg to pass ib 1 y drai n a vegetated
we t I ~uld?
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Dr". Dunwi.ddie says that's Ot"le of my objections; the other
says if you dig down you're just putting the effluent into the
ground water", rather than putting it into a p lace where it
potentially can be taken back up by plants.
Attorney Glidden says there has been a septic system'and
leach pit there for ten years and the degree to which it'has
failed is questioned. What would be the objection to
Constructing another leach pit substantially the sameas.the
existing with agrea.ter"area of gravel and sand around it and
connect the two and they will leach out without breaking
through the clay. My contention is that the leach pit that is
there is workihg; it may not be working 100%.
Mr. Emack says he thinks that would be a possibility but
is not sure if the regulations would allow. Depends on
whether YOlJaretalklng about regulations.
Mr. Willet says, o.r 'new horizons?
Mr. Emac:ksays strictly speaking ,he was talking before
about why we had to punch through that clay layer. Adds the
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Meeting Minutes for July 11, 1991 Page 5
original bathtub had a drain in it; you're talking about
keeping it all above.
Mr. Kelliher says Mr. GI.idden's idea gives double the
potential for leaching above the impervious layer.
Mr. Willet asks Mr. EmClck if he wants some time to look at
the new suggestion.
Mr. Emack reads from Title V, 310 CMR 1502.17 regarding
topsoil and impervious m4terialand 1503 regarding depth of
impervious material.
Dr. Dunwiddie says in other words you can't legally build
a septic system here exceptiifyou punch,through.
Mr. Emack says he can run the suggestion past DEP but
thinks they w.ill be more. included to the ot~er design.
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Mr. Willet asks Mr. Ema~k whether he wants to continue.
Attorney .Gliddensaysa sale is pending on the decision
and would like t!"le hearing to be closed.
Mr. Willet rl;!sponds YQP!have a legal system and you have a
right to replace thatsystelTl' Doesn't think a continuance to
determine the best systEim!Should affect the sale of the
property. Asks if he wants a decision this evening?
Dr. Dunwiddie says he doesn't think we are the impediment
to the sale.
Attorney Glidden says he. would like the commission to say
put in another leach pit exactly the same as what is there now
but with more soil and gravel around it and if we have to go
to someone to get a variance, so be it. At least we
accomplish one step at a t1~e.
Mr. Willet says he would be inclined to go along with the
proposal Mr. Emack has brought in; however there is no
guarantee that DEP willgoiCllong with it.
D,-. Dunwiddie says he would rather see one on the surfac.e
but DEP may not allow that either.
Attorney Glidden says all he asks is that you do
something.
Mrs. Hussey says can we write an order allowing either
option pending DEP approval?
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Meeting Minutes for July 11, 1991 Page 6
Mr. Perry says since the order won't be ready:for two
weeks anyway, if you want to acc::eptboth in principle and in
the next two weeks try to get. one or the other approve(j"he
can draft the order and close and issue at the same time.
Adds they are requesting a waiver and if we allow o....e,of the
two opt iOl1s and both get shlJt down they. may have to co.me back
fora minor mOdification that may not be minor and might have
to file a new notice for it.
Mr. Emack says he thinks anythi....gwemight comeback with
would be minor because it'sa septic system and it's going to
be a septic system either way.
Dr. Dunwiddie comments thatitisnot a good policy for
the Commission to make a multiple c::hoic::e test out of the Order
of Conditions.
MOTION: To continue the hearing is made and seconded.
UN~N1Mnus
6. Greenhill - 16 Hoick5i H611o~,~()ad
(23-1)
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Dr. Dunwiddie abstains from thediscusston and vote.
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MOTION: To close the'ntear'iing is made andsaconded.
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UNAN1MOUS
c. REGULAR MEETING
L REQUEST FOR DETERMINATION
a. Davis - 19 Mass. Ave. -(60'.3,.1-313) -- Lot 4 So 5
Present for the applicant are Glen Wills and David
Theroux.
Mr. Perry says he talkeq.to the St.ateandtheyadvisedhe
wait and see what the distam:ew.a!i>to groundwater and then
decide. Felt it was outside our jurisdiction and was more of
an issue forthe<Board of Health. MACC felt it was outside
our jurisdiction because we can',tprove the effluent from this
specific system goes into the harbor. They were interested in
the separation to ground water. Adds that Richard Ray thought
we were overstepping our authority. Concludes he believes the
commission needs to hear where groundwater is and proceed With
a determination.
Dr. Dunwiddie reads a letter from Attorney Theodore
Tillotson, the buyer's atto.rney,summar-izing discussions he
had with Mr. Perry.
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Meeting Minutes for- July 11, 1991 Page 7
Mr. Perry says it does appear it is outside our
juriSdiction becausewi~houtgreat expense the commis,sion
cannot prove that the ppllution that is going to happen is
actually altering ~ res urce area.
Mr. Willet says th burden of proof lS on us. Asks Mr.
Wills if he has anythirlg to say.
Mr. Wills says Mr. Ray is going to review the project when
it comesup for a building permit and if he deems tbat c'l~nges
are needed for compliance he will make a determination citthat
time. .,
.Mr. Wi 1let asks if\they have any infor-mation regarding
gro~.ndwa ter .
Mr. Wills says is about 7' down.
.Mr ~ Perry saYs,~heother'iP iece of i nf9!"mat ion we wcanted
was :f~asemeDt informat iOr) thatt ies the beaCh facUi ty into the
hC)u$ie.
Mr. Theroux says they haven't actually closed.on the
propierty ,yet but the trustees are hand ling.
,Jrlr. P~fry asks if the Commission could receiv.ea copy for
itsi\l"'ecotdfi and if the plywood walkway could be made into a
boar:{c;lwa I k.~
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Mr. Wills says they will talk to the Davis' about it.
Mr. Willet asks for a summary of what the changes are.
Mr. Theroux says there are basically exterior changes: a
front portico facing the harbor that will be removed,
r.location of exis~ing chimney, remove handicap ramp,
Shingling and window and door changes, changing a garage to a
bedroom.
.Dr. Dunwiddie says and that',s all the current filing is
for? That,' s the only proposed act i v ity ,on the si te?
Mr. Theroux says yes. Shows elevations of the site and
sketch of the comple~ed.house.
MOTION: To issue a negative determination subject to
but will not alter is made and seconded.
UNANIMOUS
2. ORDER OF CONDITIONS
M~eting Minutes for July 11, 1991 Page 8
a. Gr'eerlhill - 16 Hoicks Hollow Road - SE48-'-657 (23-1)
Mr. Perry distr'ibutes the draft order for the
commi!Ssion7rs tor~~d. Notes, that Attorney Philbrick is
not present butthaJt.she is happy with the order.
Summarizes the condi~ions.
MOTION: To is~Oe the order as drafted is made and
seconded.
UNANIMOUS
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. ADDITI~L SPECIAL CONDITIONS
Robert and I'1ary Gayle Greenhill
DEP F~LE NUi'tBER.SE4B - 657
ASSt;S~~'S t1AP'23,'PARCEL 01
." '. 16' 'icks Hollow Road .
UNne;R:THE MAssA" ETTS WETlANDS PROTECTION ACT
"'~(V;i'>('M6L''(': , . Eft 13i',';StCTION 40' )
AND 'THE . WETLANDS:~.YLAW' OF THE TOWN OF NANTUCKET
, . ,.(: CHAPTER 136 ) .
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3. Purs4fP: ~E!J1e~all:()~t:ljtion NUlQber 8, this Order of
Cc:lp,<f~:~~;Q ;" s'.t,>t:)erC!?"g.I~~lered .,..irt't. h. e' Registry of Deeds for
Nart~~~.I<;' P;"OOf::c;)~i~!tec;orcli~9$ha 11 be submi.J ted to the
COl'l'lmt.$sr~'C)if; pr-ior tocqmmencement of any work approved in this
Or-der'~: ,: ,",::'r;- ,,';_''-' .r,:'-:
4. No workaep,r'Qved l.mder(thisOrdershall take, place until all
administrative appeal periods from the Order have elapsed, or,
ifan,aPPleal. has been~iled, until all proceedings have been
completed. " .
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5. Prior to any activity at the site, a snow fence shall be
stakedald.ng a line approximately five (5) feet form the
proposed decks between1;he existing residence and the studio,
or at ahjgherelevatiC)n. . After the fence is installed,
notice shelll be giventpthe Nantucket Conservation
Commission. No work shall begin on the site for 48 hours
after-said notice isglven,soas.to,allow Commission members
time to inspect at'l silt,ation devices. The snow fence,
erected to prevent erosion into the wet I and and to- control of
windblown debris during construction, will also serve as a
limit of activity for.li6rk creWs. It shallremain in good
repair during all phas7$>of c:onstruction,and it shall not be
removed until all soil~>are stabilized and r-evegetated or
until permission to rem.ove it is given by the Commission.
6. An as-built plan, sigm!!d and stamped by a registered
professional engineer or land surveyOr in the Commonwealth of
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Meeting Minutes for July 11, 1991 Page 9
Massachusetts, shall be submitted to the Commission at the
same time: as a writt.e.n request fora cer.t.. ifiC'1'.teof Compliance
and shall specify how, if at all, the complet,d plan differs
from the final approved plan. . The as-built plan shall
include, but. not be limited to,' the fol.lowing;: limi,ts of fill
or alteration~ loc:ationof all structures an pavement within
100 feet of wetlarid; the edge of the wetland; the grade
contours within 100 feet of the wetland.
7. Members, employees,. and agents of theCommis~ion shall have
the right to enter and inspect the.premise5to evaluate
compliance with ,the conditions and performan~e standards
stated in this Order, the Nantucket Wetlands Bylaw, the
Regulat. ions p. r.o.. m.U.lgat.e.d.,<.U.'..... nd.....e....r the BYla..w,. the.1 Massa.C!husetts
Wetlands Protection Act('and pertinent Massat:husetts
regulations (310CMR'10~00through 10.99). The Commission may
require the submittal of any"' data deemed necessary by the
Commission for that evaluation.
8. The applicant,owners"jJ~5E!ssors or,a.ssignees ,shall be
responsible for maintaini1i9 any on-site drainage structures
and bu1;falls,a5:isuri~.c;;J the,lasting integri~y of vegetative
cover on thes~teaJ1dm~f\;i~Qririg1iitce'<~c,tivities so as to
preven't. erosiCJ,n "si Itati.l)1nt~;J lsedimenta~'ion,. chemical
contamin~tiQn/orother ~'~'t~~mentalimpat:t!.!(toany on-site or
off-site resourc;e', area. r.~ish~llbethe ...,esponsibility of the
propertyowner-.ofJrec:ordt'tl) sE!e that tbe maintenance
conditions are complied with as required by this order.
9. Thisaocumentshall be inclt.,lded in all construction contracts
and subcontracts dealing with the work proposed and shall
supersede other contract requirements.
10. Used petroleum prodl.lcts from the maintenance of
construction equipment, construction debris, and unused
paint and.paint-related products shall be collected and
disposE;'d ofrespqnsibly off the site. No on-site disposal
of these items is alloWed.
11. Dust control, if required, Shall be limited to water. No
salts or other wetting agents shall be used.
12. Any refuse material 'found on the site shall be disposed of
at an apPl"'ovedlandfil'l andi n no case, may these materials
be buried or disposed of in or near a wetland.
13. This Order of Conditions shall apply to any successor in
interest orsucce$sor in control of the property.
14. With the exception of a portion of the det::k
reconfiguration,no part of any new structure, including
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Meeting Minutes for July 11, 1991 Page 10
decks, may be closer than 50 feet from the top of the
bank.
15. Natural vegetatioYl betl/lleenthe.wetland edge and the
project site shall be left ,intact. After construction,
any disti..lrbed area within this bUTfei"' area shall be
replanted with native plants.
16. To minimize adverse effects on wil~life, the use of any
pesticide or fertilizer more than 15 feet from "I;he house
is prohibited.
17. The ridge height of thepropC)sed living room is to be
approximately the same heigh.t"as the existing structure.
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18.
PerviOus materials shall be used for the driveway
relocation.
19. The opening between the decking shall be approximately
3/4"apart.
20.
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No coastal engineer-ingstructl,.u"e of any kind shall be
p~rmi tted orrtheproper:ty irt"1;"efuture to protect the
projE:i'ct allowed by thisOrder..SectlO'n 310 CMR 10.30 (3)
of the Wetlands Regulatlons,/pr.omulgatedunder MGl... ~hapter
131, Section 40, require5..thcl~nct,c::o.as'tal cenglneerirg
structure, suc:h asbull<head,,)'r~vetment, or. seawall tshall
be permitted on an erodingbarlk at any time in the future
to protect the project. allQwec:t<bY this Order of
Conditions.
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3. ' CERTIFICATE OF COMPLIANCE
"Mr. Perry says all five of the certificates are ok. The
only thing is the first three haven't been recorded.
Mr. Willet asks if we have been requiring this.
Mr. Perry explains that there is a new policy at the
Registry of Deeds tha,t requii"'esdnly the original may be
reCO,rded so if the original cannot ,be found the commissiion
will have to reissue the order . Notes' the order is supposed
to be recorded before the work starts. Says he is asking for
a policy statement whether or not to require the recording.
Dr. Dunwiddie says he thinks it is in our interest these
th ings get recorded.
Mr. Wi Uet agrees and says to tell.the first three we
won't issue the certifiCate until the order has been recorded.
Meeting Minutes for July 11, 1991 Page 11
a. Horner - 36 Easton Street - SE48-445 - (42.1.4-19)
MOTION: To not issue the Certif~Fate un.til the Order
has been recorded is made and seconded.
UNANIMOUS
b. White - 62 Cliff Road .~ SE48-319..... ((41.....20)
MOTION: To not issue the Certific.ate until the Order
has been recorded is made and seconded.
UNANIMOUS
c. Richards - Tristram Ave. - SE48-4J3 - (31-1,3, 4)
MOTION: To not issue the Certificate until the,Order
has been recorded is made and seconded.
UNANIMOUS
d. Moran - 343 Madaket Road - SE48-620 - C60.E.4-63J
Mr. Perry 'says the paperf!llork is ok but the gr~ss,has"'t
come up ye~; wa~Qnly plan"ted yesterday.
Commissioni3.grees to not issue the certificate until the
grass has grown.
MOTION: To not issue the Certificate until the grass
has grown is made and seconded.
UNANIMOUS
e. .Johnson - 34 Easton Street - SE48-600 -(42.1.4.....18)
Mr. Perry states that the work has been completed and the
paperwork is in order.
MOTION: To issue a Certificate lS made and seconded.
UNANIMOUS
4. ENFORCEMENT ORDER
a. Buskin - Madaket Road - (59-51&58.2)
Mr;. Wi llet asks Mr. perfy to. summar i ze thesi,tuation~
Mr. Perry says li3.st summertP~t\'~<werewell$installed and
one of the wells, was within thei,'we,tlan(jboundaryso the
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Meeting Minutes for July 11, 1991 Page 12
commission wrote a letter r~~u~sting an after the fact filing
andal~osuggested theycome;in with building envelopes and
septic desig\"ls~Theywereu.~ng IE;P flagging from 1987 for
Wanoma filing which wasdifff!!rentby 30-40" front whatCthe
commission had found. So we! issued a positive determination.
gg~~;~~~;:~~:gg~!;::~;~~:~~:~~:!~I!:~:~P~~~f~~~:.':;:: ::::t
to do it and he is wi th In h:t rights to Install th, s~ste.. and
there was nothing we could do about it. Also said~that a
commissioner had said it wa~ ok.
Mr. Willet says there i1 a letter in our file from Mr.
McKelway dated September 10, 1990, where Mr. Avery had called
ina!Skingif~e could put ina septic system and the letter
essentially says no, not \.mtil a notice is filed.
Dri Dunwiddie saysthat'spretty flagrant.
Mr. perrYSc;licJ he talk7dt,g Mr. Willet and Mr.Wasierski,
who ,si9ned'tb$enforcementQrdE!r. Adds it needs tQ be
ratifiE!d<bythe next commission meet i ng. Cont i nues he went
out, to the property wheret~ey were working and,stQodon
M~(j~J<C!?tRCJad hecause Mr. Avery did not allow acces. to, walk on
tt1E!:;~prppertyand told them to stop work. I was. informed by
Mr~'n\Jt~~c:t)i.the contractor, that there was noth ing.. ~e could do
abol.1,iit,... It was outside of our. Jurisdiction becalase It was
beyot'1~'1()?'... I said we don't know that because a wetland
determill1ation was never agreed upon. The contractor told me
theY'l1ada surveyor flag a conservative boundary and it was
100'from that boundary. I said the only people who can
determine the wetland boundary is the commission, not a
surveyor~ So I left it at that and the~ did not stop work. I
talked td Mr. Willet and took it out tonight and the pictures
show what was done this morning and at 5:00 tonight.
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Mr. Wasierski asks how much a day can we fine them; I
think it1s about time.
Mr. Willet says generally when you issue an enforcement
order the people stop and ,have cOdperated; they have come in.
Mr. Wilson asks did they state why they did it at this
point?
Mr. Perry says they fC!?lt it was within their rights to do,
it. Th~y had a permitfrQm the Health Department..,. The bigger
issue is they hac1 90ttenthe p~rmi t ay~ar ago c;:lur,~ ng the
hiatus ,before the new b()Clr(jofheal thr.,g$ and1;he" permi twas
about to expire and I a$$t(l(l'le thatMr~Ray;would'ha.lre made them
come up to. 6 ' instead of5'feet td grpundwa ter.
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Meeting Minutes for July 11, 1991 Page 13
I Mr. Will et asks if there. is a representati ve here.
, Mr. Wills says they did the original dC!?sign work and this
mo ning they were asked to set the wet1and.boundary to insure
wh t they were doing was more than 100' from the edge of the
wetland.
Mr. Willet asks if they reflagged the boundary or if this
the boundary that was done by IEP originally.
i Mr. Wills says this is a new bouMdary fl~gging that we
hung to makesur'e that any activity they were doing was
oJ,tside of 100 I from what would be a.~onSE.'t"v.ative .bou.ndaT"Y.
That boundary in some areas is more than 40...,.50' fro,m .the
boundary that was delineated by IEP.
Mr. Willet says but this is,a line we never agreed to.
Mf'"'_.PE.'rry says this was at determin~tionlevel and today's
line has not been reviewed at all by the Commission.
Dr. Dunwiddie says this letter is so c:;l~ar; .the last line
says in other words you are not authorized to proceed with the
construction of the septic system until an ordE.'rof<~onc:litions
has been issued.
Mr. Perry says the contractor says he did not remember the
commissi.on ever taking an official vote t,o send that letter.
And the minutes don't say either way but I was there and I
r~member the dis~ussion. Says the meeting that night got over
at 12:30 and there was kind of a consensus consisting of nods
among the four commissioners at the meeting.
Mr. Wasierski says the minutes of the meeting of August
23, 1990, says Dr. Dunwiddie says there was considerable
discussion concerning the boundary at the time but he did not
remember following the line all the way down to the.end. He
suggested ,the flags be resurveyed for a notice of intent
filing. Motion was to issue a positive determination
requiring filing of a notice of intent for the project was
made and seconded. That's pretty clear.
Mr. Wills says this is kind of running back to the same
thing regarding the limits of jurisdiction. It seems like the
commission is moving towards any activity proposed on the site
the commission feels needs filing of a notice of intent but if
it is outside of 100 feet to a wetland than it is outside of
your jurisdiction.
Mr. Wi llet says it's my under,stanc:lingfrom the minutes and
from our fi les that we never agreed. ,On a wet land boundary out
Meeting Minutes for July 11, 1991 Paqe 14
there so we're sort of in a lurch there. That.s where we hav~
tost,a~t .by agreeing ,on a wetland boundary. I.don't think
we'v~done that and I also think it's very clear from the
minutes and from the letter that no work was to be dc:H1l!!until
a notice was filed. I think they simply jumped the gun.' It
m~ybe outside our jurisdicti~n. We don't know that because
they never bothered to come In.
Mr. Perry says he can think of a lot of cases whetfepeople
come in'to file a determination to get the wetland boundaries
and end up filing a Notice. If thisW'as outside o'f'HOO'they
could install a septic system. But if we didn't agr~on a
boundary. Even though you say it's conservative it comes out
to the principle of the thing--that we didn't agree' on a
boundary so we don't know yet. And I' wasn't able to! get on
the property to agree or disagree with your new line.
Mr. Willet agrees there wasn't much cooperation 04t there
tOday.asfar as hey, come on in tonight; let's gettt\;ji~-~-
fiC1~r~ed out.
Mr-. Wills asks what the determination was for.
Mr. Wasierski says to install a septic, well, and.. .
construct a house. And to dQa septic requi-.:-ed~a nbtice.
The paperwork is all here. It's' pretty plain.
M~. Wi~letasks for a motion on the enforcement order.
Mr. Ke11iher asks how thebrder reads~
Mr. Perry reads the order.
Mr. Wasierski reads the field 'inspection report fr\'om
August 23, 1990, which supports the commission's case~
Mr. P~rry notes the Enforcement Order needs to specify a
date by which we require filing of a notice.
Mr. Willet suggests give them two meetings.
Mr. Perry says-the Monday after the next meeting would be
the advertisin~deadllne. (Next meeting is July 25, Monday
July 29 would be the adverti'sing deadline.)
Dr. Ounwiddie says the Enforcement Order is only telling
themtb file a Notice of Intent.
Mr. Willet adds and to cease al1ddesist.
Mr. Wasierski says they haven't, ceased and desisted.
y
Meeting Minutes for July 11, 1991 Page 15
Dr. Dunwiddie says they ought to restore it.
Mr. Perry says they wer. told to cease and desist at 8:00
this morning and th~ydidn~~. They did work after t~e
Enforcement Order.
Mr. Willet says they d"d it at their own risk, that's
pretty clear.
Mr. Perry says next we k we can look into options as to
what we can do about it.. :
Dr. Dunwiddie says
thet continue to not cooperate I think
do fomething.
I don't understand this~
~r. Willet says if
we're going to have to
MOTION: To confirm the Enforcement Order is made and
seconded.
UNANIMOUS
5. OTHER BUSINESS
a. Coffin Park - Mowinq discussion
Present for the P~rksandRecreation Commission is Ms.
Anne Cormors, Director, Mr. Jay Fox, Chairman, Ms. Edith Rs.y,
Mr. Jack Gardner.
Mr. Willet says we went out and looked at the cutting and
Dr. Dunwiddie essentially made a s.tatement that we didn't feel
the impact was ~oo out of hand or that th~re was any impact
and you all agreed not to do any more cutting without filing a
notice of intent and that's in the works?
Mr. Gardner says they don't plan on doing a thing.
Mr. Willet sayS that~sfine with me. Asks if the
commissioners have any comments or questions.
Mr. Willet asks Mr. Glidden if hear h isc lient has
anything to say. Adds we have been assured that no further
work will be done until a public hearing and a notice has been
f i led.
Mr. Glidden says they just wanted to see the Town of
Nantucket follow the same rules that is required of artyone
else.
Mr. Kelliher says as we explained to you the other day
they are following the rules and procedures that everyone else
does. The first is a warning.
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Meeting ~inutes for July 11, 1991 Page 16
Mr. Kelliher ,asks Mr. Gardner if there is any chance of
getting sC?mething more.palatClbleup so people don't park in
that spot, like a split rail fence?
Ms. Connors asks if they are a~lowed to do that.
Mr. Gardner says they will check with the HDC and also see
if there is any money in their budget for a fence.
Mr. Willet says the commis~ion wouldn't have any objection
and we could issue you a letter.tp~hateffect saying we have
no problem to your fencing that particular area.
Mr. Wasierskisays if he's using the town property as his
right of way, for his parking areaaJ'ld his business, he w.ould
think he could spring foreooughmooey to cover the fenc~.
That'~ his.problem not your problem. . Your problem would be to
close that drivewcay.off at Cliff ROCld anp ask him how he's
going t,ogetto his property.
Ms. Connors says you wilJ get us off a letter saying a
fence will be ok?
, ., '. .
Mr~,Wi llet says yes .andthanks ttleM for coming.
b. Flamm Conservat ion Restrict ion - review for -C.Dmpl iance
Mr Willet sugge$ts this be, contJnued until Attorney
Philbrick is present.
c. Rauch RFD - 84 Baxter Road
(49-37) - minor mod
Present for the applicant isMrs~~usson. Says she wasn't
able to come to the previous meeting and would like to re-
present this. Asks to extend the deck 15' to connect it with
a utility room step.
Mr. Willet as.~s if we c:Iidn't already deny this and if
there is any new information.
Mrs. Cusson says we are only going 8' more out into the
buffer zone.
M,-. Willet says the C?ption of a pat io was presented.
Mrs. Cusson,sayssheq(J~$n't want a patio; is just a small
deck, l' .off/thegr-ound w~th no railing.
Mr. Perry notes there is a di$cr~pa.nc;y in the plans. The
ones we approved hav~ an'18' wide deck; the copy used to
.. . .
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Meeting Minutes for July 11, 1991 Page 17
construct the deck shows 20' wid€'; so it is good she came in
as our plans show it 2' shorter.
Mr. Willet says it is hi$ feeling she got enough ahd if
she wants a patio she can step down and put a patio in.
Commissioner$ agree.
Mrs. Cusson requests a letter stating the decision.
d. Meeting SChedule
Commissioners agree to the proposed schedule August
through December.
e. Burke - Additional Special Conditions - appeal
Mr. Perry notes a second appeal has been received from
TUcker-~the issue was coastal bank. Both the appeals were to
DEP for a superseding order.
f. DeJardin - Eel Pofnt - SE48-301 - {'32-04) - minor mod
Mr. .Perry says this is a request for a back to the
benches.
MOTION: To allow as a minor modification is made;and
seconded.
6 Yes
1 No (Dr. Dunwiddie)
g. Smith's Point, driving on dunes
Mr. Perry says we have two separate items on Smith's
Point. One is a letter with photos and drawings showing
erosion has left at present only 8' between dune and water.
They want tobldck the beach and would like to pu~ up signs as
~ell.
.commission says if it is their land they can do so without
asking us. Suggests snow fence; agreei we can give them our
dune rEstoration signs to put up on the edge of the bank.
Mr. Perry says it seems to be above the high watermark.
h. Anapol, planting plan
Mr. Perry says this is theone,.that came in for compliance
a few weeks ago on<a ten year old order. One of the on-going
cond i t ions was to allow them to. move sand around. . The
question is a couple of the neighbors came and said the sand
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Meeting Minutes for July 11, 1991 Page 18
is already blowing ~nd wanted to know if the Commission could
do anYthing. They didn't think Anapol would go through the
planting effort thaJwassupp,Q~edto s.tabi I ize the area.
Suggests the commis~ionsenda letter requesting a district
odunestabilizing pl~n be implemented. Adds that was one of
the on-going condilions, that they do stabilize after they
move sand. '
Commissioners gree a letter should be sent.
i. Electionoi Officers
Mr. Willet nominates Henry Wasierski for Chairman. Mr.
WasierskiasksMr.\Willet if he wouldn.'t like to do it one
mo.re year. Mr. Willet agre,es toga for one more year.
Withdraws his motion. M....Kelliher withdraws his first second
for Mr. Wasierski and seco~ds the motion for Mr. Willet.
MOTION: To elect Mr. Willet as Chairman forano~her
year is made and seconded.
JJNe~IMOU$
MOTION: To elect Mr. Wasierl3ki as Vice Chairman is
i
m<1'deand !Seconded.
UNAN I MOUS'
MOTION: To elect Ms. McColl as Treasurer is made and
seconded.
UNANIMOUS
6. CORRESPONDENCE
7. MINUTES: for June 27, 1991
MOTION: To accept the minutes as drafted is made and
seconded.
UNAN I MOUS'
8. BILLS TO BE PAID.
9. FIELD INSPECTIONS - Monday,
i
.July ee, 1991, 4:00 pm