HomeMy WebLinkAbout1991-08-15
~. .,'~
('
"..-,
'~...~
'..f
;,. .
1.
\
.!\
...
I.
Town of Nantucket
Conservation Commission
4 North Water Street
Nantucket, Massachusetts 02554
I MEETING MINUTES FOR AUGUST 15. 1991
\' The meet i ng ..."s ca 11 e~ tp order at 7: 00 p. m. in the Large
Gr\oup Instr.uction Room of the Nantucket High School.
Co\nmissionets present were William Willet, PeterOunwiddie, Henry
Wasierski, Diane McColl and Daniel Kelliher. Also present were
Bruce Perry, Administrator, and Lucia Wyeth, secretary.
A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC
1. Leet - Western Ave. - test well installation
Mr. Lest~r Smith of Daylor Consulting opens diSCUSSIon of
a lot at Surfside next to the School Street - a Public Way
which goes down to the beach across from McMa~te...s. They
have done a test pit on the lot. An abutter has at the same
time requested Nantucket Surveyors locate her leaching field.
They fciund the leaching field which turned out to be within
100' of the proposed well and there are a couple of other
wells in the area that don't have 100' separation. Shows on
his plan an alternate location for a well and septic which is
over 100' from existing wells and leaching field. He is
bringing to the commission because it is the old glacial bank
and is some 510' has acreted. Requests procedural guidance
from the commission before doing a ~ell. ~
".,
" ~.
Mr. Perry summarized the history of the McMaster's Notice
for which only the septic system has been installed and which
has now expired. The system was allowed below the bank.
Adds another McMaster lot down the street also has a septic
system below the bank which was allowed as there is 400' of
dune. These notices wel-e both filed in 1987. Says what Mr.
Smith is asking is does he have to file a determination to
drive a well.
,~
Mr. Smith says they will drive rather than drill and
therefore can use a light-weight rig. All he's interested In
at .this point is the well.
~/
Dr. Dunwiddie says he does not understand the urgency and
why a not icefol- theent i re project cannot be filed at one
time.
Mr. Willet 'Says it would be good tdsee it all in one
shot but suggests he at least file a determination for the
well.
./
N~
r - )..3 -rr
4 #h7~a(
,
Meeting Minutes for August 15, 1991 Page2
Mr. Smith agrees to file a determination an~ subsequen~ly
to file a notice for the remainder of the project.
Mr. Willet asks if there are any other questions from the
press and public.
Mr. Kelliher says a couple Of weeks ago he made a remark
that the Con Com should not be picking on private contractors
and that'was reported in one .of the local newspapers. But he
adds he continu~d and they did not continue it. And I said
there is a disease of the Town of Nantucket has done more
devious brushcutting deeds than private contrac~ors that was
not reported and I went on to say. that I agreed that
controlled brushcutting is necessary. That was also not
reported. I ~ould like that in the minutes because I don't
think that was fair.
If ; .
1 i . ,
8..r, P,lJB'rI C HEAR I N~S,
~- ,{ . .
'.,,' i'
1~ ~Richards.~ 25~E. Tristram Ave.,- SE48-609 C31-1)
MOTION: To continu~ at the applicant's 'request is
made and seconded.
UNAN I MOUS.
2. Poor - Quidnet-SE48-635 (20-49~ 50.2, 50.3; 21- 58, 119)
3. poor - Quidnet - SE48-637 (21-122, 118.1, 119.1, 119.2)
\
Present is Mr. Poor and Mr. Lester Smith of Daylor
Co n.u I t i ng .
,
i
.j
"Mr. Poor says the representative from the Soils
Department was present last week but has not returned this
we.ek. Presents the upland management plan which show.s the
plan to mana~e the pastures and the wildlife habitat and
notes they are also proposing no farming in wetlands.
l
l.t
"
Mr.. Perry says he.sent the commissioners a copy of the
plan on pest management several weeks ago. Says he has
colored the plan and summarizes: the property was divided
into 37 different segments. -The red section and the large
wh i te ones are wetl ands; the pi nk areas border i ng the
wetlands are wildlife management areas where brushcutting
would occur but no planting and tilling. The green areas are
the actual pastures and haylandswhere there would be farming
activities. At the Soils Conservation District meeting there
were comments about removing several sections from the plan
as work could\not Pie appr.ovec;l until the wetland boundaries
... ..~. . .' '.:, - \. ..' '". .'\t. .:,'.: ...... " "
were ,determineJd .-AnO,.ther sect ion they'felt\ the boundary
needed to be changed. So no activity would occur in those
..
,
{..:
,.
y
Meeting Minutes for August 15, 1991 Page 3
sec t i ohS. In the final plan, f ield#35 would be changed to
ihclude the whole section. Other I=hanges were that the
number of animals on the fieldswe.re to be limited until the
district has inspected them and determined how many animals
the various fields could sustain. I There would be annual
inspections to. see ho wthe fieldSf.were doing so they would
not be over-grazed. Also, there ould be a minimum of 25'
undisturbed buffer around all the wetland areas.
Mr. Poor says he intends to dJ little more tilling in his
fields as he wants to~bringb~ck the natural grasses through
a system of grasslands management which they do in New
Zealand in which the creatures graze a short time in one area
and then they are moved to the ne~t. In areas not currently
being grazed he will mow to bring the grass back and to hold
the weed growth out.
~;, .
Mr. Willet asks how many animals he intends to bring on
the land.
f
{'.
Mr. Poor sayseventl.Jally80-100. .However in the next 6-7
years expec:ts to grow to about 25 cattle and expects most of
the animals would probably be. sheep. Will not be having 100,
1000 lb animals;. interested in having 4 ot'" 5 breeds of rare
species. Will not be a heavy producti'on livestock operation.
Wants to doa lo~ of work in rebuilding old pastures.
,
,
~.
"
Mr. Perry says the final form of the conservation plan
has been semi approved pending drafting by Don Liptack on the
wording of it by the district and an approved plan is
required by the local by-law for agricultural practices.
Thera was one additional point required on the SCS plan which
will protect farm areas from erosion from the various
culverts.
i
1
~:
h
r
Mr. Willet asks when the final plan will be ready.
1;
L
f~' '
f
Mr. Perry says the next district meeting is the third
Monday in September and it should have it for approval by
then. Adds if there are any comm~nts from the commissioners
he would try to incorporate it.
Commissioners generally express approval.
Dr. Ounwiddie says his interest, and you seem to be
coming around to this, would be the activities in the upland
areas which would encout'"age more nat.ive vegetation; less
tillage and more brushcutting.
Mr. Poor says he is interested in native grasses but not
in native leaf materials. Discusses mowing frequency
required to grow grass and not leaf species. Feels the
,.
Meeting Minutes for August 15, 1991 Page 4
number of species of grasses will be 10. Wants to build the
soils up and balance out the mineral content. Will result in
a lot less maintenance in the operation.
Mr. Kelliher says an annual mowing or grazing will
eventually eliminate the leaf shrubs leaving only grasses.
Mr. Poor feels this ~ependson the ph of the soil.
Believes it may take 7-8 years to see results where if you
mow 3-4 times a year resu.lts will be more rapid.
Mr. Willet asks for other questions.
J
,
Mr. Perry says he thinks the .main thrust of tonight's
discussion should be the culverts. Continues he does not
believe all the culverts are needed. Points out culverts
discussed on the field inspection which could be eliminated.
I
Mr. Poor says on their submission some have been replaced
with bridges and the wetlandres1;ored. Adds going 3/4 of a
mile around to get to something only 1000' awayydu are
creating an unbelievable b~rden to manage animals. Doesn't
feel this is reasonable access; this is ~ unique area having
multiple perched .wet.lands at multiple elevations and many
times not interconnected.
Mr. Perry points out one that would have been connected
if the road hadn'tbeenfi11ed and a culvet'"t installed.
I
i
1
i
Mr. Poor says that particular one is but there's many
which are not and it will mak~ it difficult to access around
on the property.
Mr. Smith asks if it is bridged and the road properly
maintained, what would be your concern in terms of bridge
crossing.
Mr. Perry says the approach to where you want to put the
bridge is very steep and fill would have to be brought in;
retaining walls might be necessary to keep dirt from washing
down--none of which are talked about on the proposal.
Mr. Poor feels it is not that steep.
Commissionet'"s discuss eliminating the culvert vs.
bridgingvs. moving relative to steepness of the bank and
vegetation.
Mr. Poor says that is the primary access he uses to get
from the south part to the north part of the property.
Ms. McColl asks what is the reason to move it.
I.
Meeting Minutes for August 15, 1991 Page 5
Mr. Poor says he and Dr. Dunwiddie looked at the area and
thought there would be less impact if moved. He would like
to use the access. If the commission feels it is better not
moved it is fine with him.
Mr. Perry says if the use is to transport animals
occasionally that's one thing buti~you're proposing an 8'
wide bridge it's a much different crossing than what's there
now so there are going to be increased impacts.
Mr. Poor says it's 8' wide now; it's also a lot flatter
as it is. Would prefer to leave it where it is and suggests
the commission may want to look at the flow and make any
modification necessary. There has never been any back-up or
flooding; is a stable area and there is no elevation change
which might cause erosion. Tries to keep the road bed fairly
grassy.
)
i
'. .
io.,.~-~-
Mr. Perry reminds the commission that in considering the
culverts they should look at it as if the crossings were not
tfleffeas they were all done without permit. If he was coming
in from scratch would we allow a crossing and what type would
we allow.
Mr. Smith says there is another way of looking at it;
it's already there and there is a certain amount of
disturbance whatever you do. The question is what is going
to cause the least damage right now--restoring it or just
leaving it the way it is.
Mr. Poor suggests discussing each culvert and notes there
are a couple he doesn't care about.
f
Mr. Poor and Mr. Perry review culvert #4 - an existing
mosquito ditch/swamp run off which he crossed ~nd removed a
tree which was blocking the flow. Mr. Perry says he doesn't
have a particular problem with that one; continues # 5 is
being eliminated; # 6 is proposed relocation with a wooden
bridge.
Mr. Poor says that crOSSing is currently an8x8 plank
which lays across tbe ditch that doesn't flow and that could
be easily moved.
Mr. Perry says he doesn't agree with the relocation; it
just creates another path to go across the wetland. Another
culvert is the repair of the Old Quidnet Milk Route but
nothing new is proposed.
Mr. Poor notes it is now stabilized.
.
~.
Meeting Minutes for August 15, 1991 Page 6
~:
Mr. Perry asks for general comments. Notes part of the
requirement fpr the replanting plan is to plant annual rye to
reseed areas in which the dirt has been taken out to bridge
an area.
I
Commissi~n agrees that should be done as it stabilizes
the area untfl the native plants return.
I
Mr. perr~ says all the culverts are filed under limited
project ~gricultural land already in agricultural use. This
goes back to the fact these culverts are not exempted because
it wasn't a farm before the culverts were installed.
Therefore it has to meet .the performance standards of
altering BVW; even the bridging is altering even though the
supplement says it will not alter the wetlands. This is
another place the commission could ask for replication for
the entire project. Adds at one culvert 1100-1200 sq. ft. of
replication was proposed if required.
~.
~,
.C\-
Mr. Poor ask~ where would you replicate.
~-l
Mr. Perry points out several possibilities which are
connected to a larger wetland.
Mr. Poor notes there are a lot of areas which are
individual dimples and aren't connected.
:'f
~J
,
Mr. Perry says they are isolated wetlands and they do
count.
\
f
Mr. Poor asks how would you replicate those areas.
;~
Mr. Kelliher says let them grow back as wetlands.
~.
~f.
Mr. Perry adds if he lets them grow back then the line
gets moved back and he replicates the upland .-ight next to
them.
f
Mr. Poor says the grades are so steep when you replicate
you'll cause far more damage. Says he's not against
replicating certain areas but we should be sensitive to where
it is done.
Mr. Perry agrees and says that's for you to find some
spots for us to approve.
Mr. Kell ihet- suggests leaving a marginal area alone and
not brushcutting or grazing it saying that's a replicated
area.
Dr. Dunwiddie adds all those marginal areas are being
left untouched now in the plan.
.1 ,
~ ;,
~.
i:;" ,.
,~.~ ;',
,", t
;. '" /
"
,.
Meeting Minutes for August 15, 1991 Page 7
Mr. Willet continues to bring up questions on ponds which
were dug out and if they intend to file.
Mr. Poor says he's waiting for direction.
Mr.. Perry says Dr. Standh~ywas told_ some time back
f i ling was requi red on al terat<ion of three al-eas that were
shrub .swamps and now are ponds.
Mr. Smith says it ia difficult to determine wetland area
that used to be thel-e.
Mr. Poor says he learned from Henry Coffin that one of
the areaswaspreviousl.y.. a pond as there was a stone bridge
in it. Believes it is pre-aerial photograph.
Mr. Perry says the aerial photographs he has are from
1971 and it does not show a pond there. Adds the
commissioners remember a shrub swamp being there from an
enforcement order- issued.to Mr. Poor in 1985 and it is now
open water.
Mr. Poor asks if he should include the ponds in the
existing notice; says he~doesn't want to enlarge them but may
want to improve them.
Mr. Willet suggests he include a management plan for the
ponds as well. Also asks he think about some replication
areas.
Commissioners agree the ponds can be included in the
existing filing.
Mr. Perry says as the ponds are upland areas you might
want- to 'expand the ponds. into the up I and. Answers after
being questioned by Mr. Poor if the replication doesn't have
to be in the same wetland system that yes, it is supposed to
be in the same system and in kind but where you've got
alterations in many different systems and a lot of little
ones.
Mr. Poor says we have two different systems here. _ One
goes northwest to Polpis Harbor the other one goes east to
Squam Pond. And all systems become subsystems of them or
non-flowing systems.
Dr. Dunwiddie says why don't you find the best areas you
can replicate in and come back with those to use.
MOTION: To continue for additional information to
September- 26 is made and seconded.
II.
,.
Meeting Minutes fcir August 15, 1991 Page 8
UNANIMOUS
Mr. Perr-ysays he will make the ~hange to the dtaft.
,
MOTION: To close the hearing is made and seconded.
UNANIMOUS
I!'
.':
6. Diehl ~ 44 Meadowview Drive - SE48-656 - (56-297)
MOTION: To continue at the applicant's request is
made and seconded.
. UNAN I MOUS
!'
7. Reade ~ Polpis Road ~ SE48-658 (46-1)
Present for the applicant is Mr. Jeff Blackwell.
1-
i
t,
, .
v
i
, .
.
r
Mr. Perry says a planr~vision has been submitted which
shows the double line pipe extending 10' outside the wetland
boundary. Notes the lot had to be extended for zoning
approval and he walked the additional ar-ealast week and saw
no problem. A new plan titled work sheet shows the
additional flagging.
Mr. Blackwell says the pressure r-ating for the pipe is
200# per sq. inch. The black pipe whith is SDR 21 comes in
40' lengths and is rated at 300# per sq. inch.
Mr. Wasiel-ski says he just came across one only two years
old which has failed.
Mr. Blackwell says the cost difference is negligible
between the two pipes so it is the commission's call on which
one to use.
Dr. Dunwiddie asks the regl-ading be explained and
questions ~f it is necessary; seems like pretty drastic
modifications.
I
\
I,
\'
Meeting Minutes for August 15, 1991 Page 9
Mr. Blackwell says the first floor is within a few inches
of that of the previous Notice. The contours will .level off
the driveway and walkway. Two retaining walls are planned.
Ms. McColl asks if there is a plan for the replication.
Mr. Blackwell says he added the elevations at the corners
which vary from 10.8 to 12 along the wetland boundary and
they will bring the elevations out to replic~te.
MOTION: To close the hearing and draft an order is
made and seconded.
,. "UNANIMOUS
* 8. Reade - Polpis Road - (26-26.1)
Present for the applicant is Mr. Jeff Blackwell.
Mr. Blackwell. says he has a slightly revised plan in the
footprint but doesn't a.ffect the setbacks and sq footage is
the same. A couple of timber retaining walls have been added
to keep the grade: Also will abandon the existing leach pit
which. is only about 65' from the wetland and put in leach
trenches outside 100' setback. The project was before the
commission about 4 years ago and since then the house has
been reduced in size. There is an existing garage apartment
and the original notice which has expired had proposed the
main house and the garage apartment.
Dr. Dunwiddie asks what the first floor elevation will be
and if it is a two story structure.
Mr. Blackwell responds 23 and the existing grade spot
el'evations are 21 to 17 to 14. There will be regrading to 20'
and it will slope down to meet the natural grade inside the
silt fence. The building is two story and the ridge height
is elevation 48. Shows pictures taken fr-om Alter Rock before
the garage apartment was constructed. Notes the Thom house
is actually higher on the hill and it will be between Alter
Rock and the Thom house.
MOTION: To continue the hearing for a file number lS
made and seconded.
UNANIMOUS
* 9. Newquist - 8-10 Fargo Way - SE48-660 - (14-15 & 61)
Present for the applicant is Mr. Lester Smith.
,<
Meeting Minutes for August 15, 1991 Page 10
Mr. Perry says this is for stairs down the bank and
replanting on the face of th~ bank.
Mr. Smith says they propose to remove the old stairs and
relocate to the more easterly side of the lot. The location
seems to be the most stable area On the property. Is.a
simple design with a little landing and simple hand rail.
Plan to do some plantings where run off has occurred; towards
the bottom beach grass planting and herbaceous grass above.
j
.\
MOTION: To close the hearing and draft an order is
made and seconded.
UNANIMOUS
*
10.
O'Neill - 98 Wauwinet Road - {11-25)
i:'
(;
Present are Mr. and Mrs. O'Neill and Mr. Robert Emack of
Nantycket Surveyors.
,F ;(,
Mr. Willet r~ads the inspection report which says the
existing house is 31' from the top of the bank and the garage
apartment is 22' from the vegetated wetland. The proposed
addition will be 36' from thWtopof the bank and will add
1400 sq. ft. to the house and 300 sq. ft. of decks. The bank
is well vegetated. The request will require a waiver from
the local regulations. Recommends a change to place outside
50' from the bank. Asks if additional bedrooms are being
added and if so is the septic system outside of 100'.
t
l
Mr. O'Neill says they don't plan any additional bedrooms.
The house was build 13 years ago before there were any
setbacks. The house to the south is on the edge of the bluff
and there has been no eras ion in the past 30 years. The-baflk--
appears t6be totally stable and they have been told it is
clay and .rock. He believes they allowed for an addition when
inst~lling the s.ptic; the trenches required for a four
bedroom house were 55' and they installed 80'; similarly a
660 gal. tank was required and a 1000 gal. tank was provided.
Believes they provided for the 6+ bedrooms and they never
have had any problem with the system. In fact they had to
put the system several hundred feet. up the hill which they
pump to, as they ~oul~n't get a perk test. Provides a plan
of the original system with notes added after the system was
built. Shows the house and the approximate garage site and
where the addition is proposed. Says they have also shown
their plans to their neighbors Cl.ndthey are both agreeable.
Adds they do respect the bank and the environment and are
sort of shocked because they always thought if the house was
there and they stayed inside the present envelope without
going closer to the bank in light of the fact there has been
no damage that we could without exasperating the situation
,
"'\'
Meeting Minutes for August 15, 1991
Page 11
stay within the envelope of
south.
house and run the addition
Mr. Willet asks if the
the
I
I
hav~
submitted a waiver request.
Mr. Emack responds no. I
Mr. Willet says that will te required and adds the
commission feels there aresocn+ other options behind the
house and thinks they oughtto'be explored.
Mr. O'Neill introduces the architectural plans. A
bedroom is to be removed and turned into a summer living
r-oom; a bedroom will be added lelsewhere; the number of baths
and bedrooms stay the same.
Mr. Eplacrk says Mr.. Ray came up with five bedrooms in the
house and' one in the garage apartment; the system is designed
for six.
Dr. Dunwiddie says for a waiver to be granted you have to
show that there are no alternatives.
Mr. O'Neill asks if the 50' setback would include a deck
on pilings ora bow window; Asks if the commission ever
grants a ,waiver on sOlTlething like this.
1
r,
I
Commissioners tell him decks and bow windows would be
included and a waiver would only be considered if they could
show there was no other way to complete the project, that it
was absolutely essential.
t
{'
~~
Dr. Dunwiddieadds he thinks it was the sense of the
commission that you already had considerable deck space in
various areas around the house and they didn't feel more
decks even closer to the edge than you currently had was
essential. Also, there wereworkable.alternatives.to the
location of the proposed bedroom and they hadn't seen any
submissions that explored those alternatives.
'i.
;:
Mr. O'Neill says they really only have two decks now on
the house and it would be hard if the center deck were
eliminated. The deck on the east side facing the Wauwinet
Road would be lost. Adds although another could be built a
deck looking out over the driveway and the Wauwinet Road was
not a desirable location. One would really want a deck
facing the Bay. Repeats the area is totally stable; the deck
would be on pilings.
Dr. Dunwiddie suggests if the addition were slid back to
give 50' there he would consider a deck within 50' but one
that would not encroach further in front of the house. Notes
I
,.
Meeting Minutes for August 15, 1991 Page 12
the controversies, of late regarding houses looming up around
the harbor and your house is closer than what our regulations
would permit now and an addition in that location would make
it appear to loom even more than it does now so that would be
mitigated if the addition could be set back.
Mr. O'Neill says they would be willing to consider that
but there is a hill there and retaining walls which would
probably cause more trauma. in thear~a. Points out the
contours which go up from 19' to 25'. Agrees to explore
alternatives behind the 50' setback and adds if they could
show hardship it is conceiva~le they could have part of a
deck and tha~ you'd look at it.
Mrs. O'Neill asks permission to do some brushcutting in
the back in order to see how it will look when they pull
back.
fl
Mr. Perry says any brushcutting should be 50' from the
bank.
MOTION: To continue the hearing for additional
information is made and seconded.
UNANIMOUS
H
Ii
* 11. Cdlbert- 35-37 Wanoma Way ~ SE48-661 -(92.4-312~313)
i'
Mr. Perry says he has no written field inspection report.
Summarizes his inspection: The location is at Tom Nevers and
the request is to put an addition to an existing house.
They looked at the break in slope on the banking and agreed
it was a little lower than shown and Mr. Emack was going to
redraw the plans to keep the .addition out of 50'.
,fj"'"1'
if
!{
'tl1
, ,
.u
j;:;
,
f'
r
Present are Mr. Colbert and Mr. Robert Emack of Nantucket
Surveyors. Also present is Attorney Julie Fitzgerald. Mr.
Emack presents the revised plan. Says they agreed with Mr.
Perry that the line shown on the old plan as break in slope
was actually the top of the bank being the first break in
slope above the 100 year flood elevation. The bottom line of
the foundation of the proposed addition is about 54' back at
it's closest point. The porch is within 48' of the top of
the bank. It is a firstf~oor porch and they wonder if a
cantilever porch with nothing touching the ground might work.
It is an 8' wide porch.
Mr. Jack Colbert says this has been a two year project
and what they have done in concert with the abutters and ~he
Board of Appeals is combine 2 lots and translate'that into an
expanded house mostly a ~tdry and a half that met the best
wishes of the abutters and Our wishes to expand a three
"
Meeting Minutes for August 15, 1991 Page 13
bedroom house to five bedrooms. They now have 4 children.
They have surrendered the r-ight:for any further construction
on the lots so instead of 2, 2-story structures with 1500 sq.
ft. ground cover we have something that's less ground cover
and less height. And he thinks it's aesthetically more
pleasing and gives us what we need. Answers Dr. Ounwiddie's
question about ridge height that there is a 2e' limitation in
the area. Mostly over the addition is a story and a half.
Attorney Fitzgerald reviews again the zoning background
of the two lots as well as the numerous architectural changes
to conform to the existing building and the lot changes.
Notes the alternative is to build a separate dwelling on the
other lot and not h~ve to appear before any board and they
really don't want to do that. They,think they have offered a
compromise to the Board of Appeals and they were comfortable
in giving us a variance and we'd hoped for that here as well
with the 2'on the porch.
Mr. Willet says he thinks 2' is reasonable.
~. '
L
Dr. Dunwiddie asks if we have some assurance the lawn
will not encroach further towards the bank.
Mr. Colbert agrees not to extend the lawn.
Mr. Emack comments the proposed addition is 42' from the
top of the bank, however, it's taking the place of an
existing deck.
~
~
I
Mr. Colbert says that's correcting a design f1aw. . The
existing house is 30' wide on a 50' wide lot. It really was
not the right kind of house and they are just trying to
correc t a room and ex t,end it over 'the deck. They pushed the
addition back as far as they could and still make it look
balanced and meet HDCapprovals. They also have a ground
cover restriction which they are trying to stay within. This
tries to solve a lot of variables.
01-. Dun\l'Jiddie asks if they wi I i want stairs.
Mr. Colbert says no, not at this p~int. They know the
neighbors and. they currently have rights further down.
Responds to questions on the porch. Says they are trying to
correct a couple of things. It's very windy and also they
like the idea of bringing porches back to houses. Says a
couple of feet may not seem like much. Says it just has
posts, an overhang and a deck.
Mr. Perry asks how far the septic is from the bank.
~.
I
\
I,
\"
Meeting Minutes for August 15; 1991 Page 14
Mr. Emack says the leach pit currently there is 145' and
any expansion ~ill occur outside our jurisdiction.
Dr. Dunwiddie asks how easy is it to make a porch into a
room. I
Mr. Perry says that is an ongoing question. In one
instance (old.Herlin file) we prohibited enclosing a deck as
an ongoing c01dition.
Attorney says this is only an 8' porch.
Mr. Willet asks if they have any objection to having a
comment that 'the porch must stay a porch.
l'" _,,'.
.f:~
: """,,1
'~,'l
Mr. Colbert responds with the amount of effort gone into
this he doesn't think they want to think about doing any
more. Thinks the size of the house fits them and the porch
is as he said it would be.
i, {
MOliilON~ To continUE;? tpe hearing for a determination
on Appendix A is. made and seconded.
UNANIMOUS
Mr. Colbert asks what that means; asks if our decis,ion is
favorable assuming that they are favorable.
Commissioners says they are leaning very strongly to
voting favorable, they just have to wait for a response on
the endangered species group.
~v .;
a;,X
'!l" _ "~
4) ,
12.
Doucette - 18 Brove Lane - SE48-601 - (41-4411
'-..l,J
;
Mr. Perry says at the last meeting Mr. Chaleki ca~e in to
request a minor modification to the order of conditio....s to
eliminate all the replicatio~ that would be required by the
commission. The commission decided that it wasn't minor and
he needed to come in for a Public Hearing. He advert~sed for
the 15th. Adds that the Commissioners are pretty familiar
with the file.
Mr. Chaleki, present for the applicant, says hethi,nks
everyone has seen the lot. Says he is hereto amend t;he
order of conditions wh.ereas before I was asking for a minor
modification. He has the paragraphs listed and the basic
question that should be answered in the replication out there
which he doesn't think aqyone wants to see. There is no
neighbor, there is nobody here I think who would like to see
people setting plywood down from Grove Lane all the way to
Mayhew Lane to bring in heavy equipment to rip up an area
that's already what I consider a wetland and do all this
"
Meeting Minutes for August 15, 1991
Page 15
damage. In fact I think that you will damage the wetland,
you will not protEitct it, you will not be doing your job. The
job is for you to protect the wetland and here you are
talking about laying plywood down and running heavy equipment
across an area that's 150' and then rip it up with heavy
equipment and throw things in there ~hat don't belong there.
Right now what you see is what you get. It's beautiful, it's
in it's natural state and it should stay that way.
Mr. Willet asks how much replication is to be done.
Mr. Perry says we required as part of the order that they
submit another plan. They had taken one replication area out
that reduced it to about 2600 sq. ft. And we required they
put the second replication area back in and it came out to
about 3500 or 3700.
'Mr. Chalekisays they eliminated this and kept this but
u.t.hEr!?~_is a stream going through here and another going
through~ere, both of which will be damaged, irreparably.
").
Mr. Willet says it could be repaired as well.
Mr. Chaleki says it cou~d be repaired but there is no
need of repairing something that is already in the natUl-al
state of environment.
Mr. Willet says when this project came through it was
sure, we can do this. No pr-oblem.
Mr. Chaleki ~saysthe people representing the applicant
said there was an upland there. Adds no one has ever proven
there was an upland anywhere. Asks if the commissioners want
, to walk the area again.
Dr. Ounwiddie says and we believed them that it was an
upland. Commissioners decline walking the area again.
/',
!
\, ,
Mr. Chaleki continues to destroy a wetland to replicate a
wetland, you can call it an upland, I'm going to call it a
wetland because by the time you get through with the
construction equipmen~an~ all that plywood you're going to
destroy that whole 150' across and then cut up this wbole
area to put back what. To put something that's already there
in it's natural state and it's beautiful.
Dr. Dunwiddie says maybe we should just change the order
to say no heavy equ i pment. Do it L<Ji th sma 11 equ i pment or do
it by hand.
Mr. Chaleki says why do it at all?
I,
,
Meeting Minutes for August 15, 1991 Page 16
01-. Dunwiddie says because you're filling hundreds or
thousands of square feet for that house.
Ml-. Chaleki says no, you've reduced this house to 600
sql.
I
\
ft.
Commissionel-s says but all the grading and fill being
used brings it to 1800 sq. ft. You've got 1800 sq. ft. of
wetland you're filling.
Mr. Chaleki says yes at this over here. So what do we do
now, destroy all of this just to repl icate? Continues he
read everyth.ing on replication.that Mr. Perry gave him and
first of all no one has evef proven that replication works~
\
Mr. Perry responds that's why we're requiring almost
three to one replication on this property. If it only works,
half as much as they say it will we still end up with a neLc-------------
gain.
,
fl
MI-. Chaleki says YOU'rE!tlOingto take a beautiful area
and I'm going to watch you destroy it.
MI-. Pel- r Y says the app li(:ant is gal ng th is.
,
l'
\
,
Mr. Chaleki says but it is the Commission's decision to
do this.
'"I
I
i'
1;
f.
I
r~
L
Mr. Perry says as he said at the last meeting if we could
have got access from the other side of.the lot a lot of this
damage would not have to occur.
t
Mr. Chaleki says I repr-esented the opponent to this
application and he decided why take this vegetated area in .
it's natural environment and destroy it. Not just the
replication area but the whole lot. I would recommend you go
out and take a look at it and tell me that you can do a
bettel- job than what. s alrea.dythere.
Mr. Perry says the only way I can recommend to the
Commissioners the replicati~n ise}!minated in the Order of
Conditions is if the housf!t'is. not built. The regulations are
clear: that if you alter a Qordering vegetated wetland you are
I-equ i red to do a rep I i cat ion.
MI-. Cha I ek i says I knel1You were 9.0 ing to say the
regulations say; where does logic disappear. Where do I
destroy a wetland to replicate a !toJetland. Sense doesn't corne
into this at all, ~oes it.
,.
\'
Meeting Minutes for August 15, 1991 Page 17
Dr. Dunwiddie says it may sound not logical but it was
your client that represented ita us that wha t you' re call i ng a
wetland is an upland.
Mr. Chaleki says I thOU9!t your decision was excellent.
You reduced the house to 600 $q. ft. including porches and
decks and everything else an I thought that wa$ a good
decision. But in the coucse of the decision this replication
thing comes out and there's here the mistake is.
Mr~Willet says if y6u're going to fill you're going to
replicate.
.o',.
Mr. Kelliher says the replication came out at the same
time the house was approved. Adds Mr. Chairman I'd like to
say that I was opposed to.the house. I think the whole lot
is a wetland like Mr. Chaleki says and like he claims how can
you replicate a wetland into a wetland.
t.'.'.'
~
lu,
!;; "
Mr. Willet says he understands the commission adopted a
certain line which showed some uplands. '
Mr. Kelliher says he didn't agree with that.
Mr. Willet says itis a matte~ of opinion.
\;,
I
!
'\
j
/.;~
i
.;:,..;
~
'0"
i;
R'
:{
t
t
II.
Mr. Kelliher says he still agrees with Mr. Chaleki. Why
should we destroy a wetland in order to. re~lic~te a wetland.
Mr. Chaleki says and yo.u are going to destroy a wetland,
there's no ddubt about it. You c.n't put down that much
plywood and bring in heavy equipment and tell me it's all
going to revegetate.
Mr. Willet asks if the commissioners want to take a vo.te
here to give a clear indication of where we are.
f..
(;
Mr. Perry says this is a public hearing sa it's like
reopening the notice. Do you want to vpte to close the
hearing and issue an order o'f co.nditions that doesn't change
o.r write them a letter saying we voted no.t to change the
Order of Conditions.
Mr. Willet says personally he does not feel any change is
necessary.
Mr. Chaleki Says I think that if you people vote to do
under the o.1""igi1'1al o.rder of conditions that you are not doing
your job. You al"e destr-oying a wetland.
Mr. Willet says if the applicant fails to replicate they
al-e not doing their job. They presented to us that they
,
Meeting Minutes for August 15, 1991 Page 18
could and o.k. fine. I think it can be done.
the order. If they don't like the order.
And that's in
Mr. Chaleki asks why do we have a board here if the
applicant is the final answer. You people are the final
answer.
Mr. Willet says and if we don 't like it you will go after
them. So if they do turn it into a mess we'll go after them.
Mr.. Chaleki says you can't even deny that it won't be a
mess. It's going to be a total disaster. It's a travesty.
i
Mr. Willet says he understands. You have some sort of
indicatiopfrom the members so you know where you stand. I
would like the original order to stand. Asks Mr. Kelliher
his op inion.
"..
~,
. t,
,
Mr. Kelliher says he thinks the whole thing was a mistake
from the beginning. I never agreed with the house amd you're
going to build the house on a wetland and replicate a wetland
to produce a wetland.
Mr. Willet asks Mr. Wasierski how he feels.
!-,
Mr. Wasierskisays he doesn't remember how he voted but
he has to agree with you. The applicq,nt's representative
assured us there would be no problem doing replication. They
were going to do 3000' of replication and wouldn't ~urt
anything to do it. The thing is if they destroy doing it
they are going to have to replicate...
.,
f
~
t;,
r
f
Mr. ~illet asks Dr. Dunwiddie how he feels about the
original order.
tV
t
Dr. Dunwiddie says he has to go along with Mr. Kelliher.
He doesn't think the house should be there in the first
place. But since it's there we're doing what they requested
and...
Mr. Chaleki says, o.k., the house is there.
Mr. Willet says I think you have a pretty clear
indication of how the board is goipg. You can stay here and
argue till the cows ~ome home but, Ms. McColl, you're not
familiar with the project.
Ms. McColl says she's not familial- ...lith the project but
doesn't believe any house should be buill: on a wetland. ShE
knows the area and that it is quite wet. Building a house on
a wetland I think is a very poor idea. However, since the
I"l
., ;..
;" ~.
, .'
~;
I,
~.
Meeting Minutes for August 15, 1991 Page 19
house was approved 1 think they should replac~ the wetlands
that they ar-e going to fill: with their house.
Mr. Willet says he thinks the board feels very strongly
about this and you may be wasfing your breath to argue any
further.
Mr. Kelliher says as far as destroying the wetlands ...hen I
they put the plywood down, wetlands have a tremendous ability \
to regenerate themselves. Whatever they trample or destroy
will be grown back within two years. .
MI-. Perry says that's what we're saying. By putting the
plywood down he's not going to trash the existing wetland.
Mr. Kelliher says they will trash it for a year or two
but it's going to come back.
Mr~ Perry says the one that's not going to come back is
the one that's underneath the house.
Mr. I<ell i her says the one tha t' s not goi ng to come bac k
is the one that's replicated. They are going to tear the
so i I au t .
,;'1\
M\~. Wasiersk i says wasn't the deal to take the vegetat ion
our Trom the house and move it out to there? To br-ing it
down to wetland elevation and what they remove from the house
goes in the replication area.
Mr. Perry says yes and adds that's why the replication is
done first.
Mr.Wasierski says if the replication doesn't work they
don't get to build the house. Is that the idea? The
replication has to be done prior to the house.
Mr. Perry says no.
Mr. Kelliher says yes.
Commissioners say the replication has to be done but
construction is not contingent on if it is successful.
Mr. Willet says he thinks we have had enough discussion
on this.
Mr. Chaleki asks again the commission come out and look
at what is there now.
Mr. Perr-y says he thinks we had four field inspections
during every season of the year.
,.
,.
Meeting Minutes for August 15, 1991 Page 20
Mr. Wi~let says we've been out there several times and
frankly I'd just as soon close this.
I
Mr. pel~rY says he will find out just how we should handle
this.. We're closing the hearing but not really issuing a new
order. Ttere's no change.
Mr. W i\11 et says it was opened for comments.
Mr. Perry says he think5 there is an appeal period so he
will check on how we have to do it for the next meeting.
MOTION: To cl05e the hearing with no change to the
existing Order of Conditions is made and seconded.
UNANIMOUS
1..1. ;1~
( I
/; ,~
,c. REGULARMEETING
, '.
1 . REQUEST FOR DETERMINAT I ON
*
a. Wilson - 21 Sankaty Head Road - (48-4)
Mr. Perry says this house is the one that is closest to
the lighthouse.
Mr. Willet reads the inspection report which recommends a
negative determination.
Present for the applicant is Mr. Green.
Mr. Perry says all they are doing in the front is adding
dormers within the e~isting fObtprint.
MOTION: To iSSUE a negative determination as the
proposed work is within the buffer zone but will not
alter is made and seconded.
UNANIMOUS
*
b. Kudish - Meadow Lane - (41-406.31
Mr. Willet reads the inspection report which recommends a
negativ. determination.
MOTION: To issue a negative determination as the
pro p 0 sed 1.--J 0 d: i s s U tl j e c t t (J but will not a I t e r i s
made and seconded.
UNANIMOUS
..
i.~:
1"
A'- ~ ,
,
.,
I'
. ..I
"
Meeting Minutes for August 15, 1991 Page 21
*
c. Weinman - Woodbury Lane - (41-550>
Mr. Willet reads the inspection report for Lot 2. The
entire lot is an upland which recommends a negative
determination, not subject to the act.
MOTION: To issue a negative determination as the
area is not subject to the act is made and seconded.
UNANIMOUS
*
d. Weinman - Woodbury Lane - (42.3.4-158)
Mr. Willet reads the inspection report for Lot 15 which
says that the wetland has not changed from the delineation
for the original subdivision.
Mr. Perry says he would like to amend the report. He
went ~utwith Mr. Glen Wills of Nantucket Surveyors who
flagged the wetland and they are in agreement. Actually it
is a little smaller than the plan Dr. Dunwiddie is looking
at. Says there are tile drains on each of the property
lines; the tile drains were approved on the original
subdivision.
Dr. Dunwiddie notes there were endless discussions on
whether they would Shl- i nl< the wet lands. Maybe we I II tal k
about that when we issue the final certificate.
Mr. Perry continues because we don't know what size house
is going on the lot he recommends a positive determination.
MOTION1 To issue a positive deter-mination is made
and seconded.
UNANIMOUS
*
e. Arnold - 127 Wauwinet Road - (12-6 & 7)
Mr. Perry says we have not received abutter notification
slips. As the applicant is not present suggests we put it off
for now and will call.
2. ORDER OF CONDITIONS
a. Lane - West Chester St.- SE48-653 (41-478)
Mr. Perry says he drafted the order a couple of weeks ago
and sent a copy to Mr. Lane. He ha!:; received nO comment.
Commissioners think it is fine.
....
Meeting Minutes for August 15, 1991 Page 22
MOTION: To issue the Order is drafted is made and
seconded.
UNANIMOUS
I
ADDITIONALSP~CIALCONDITIONS
Alfr+d Lane .
DEP FILE NUmBER SE48 - 653
ASSESSOR'SM~41, PARCEL 478
WestChe~ter'Street Lot 74
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
i1.JJ. ';.'~.
!'" '
[\'i'.
s- .~
'.,' . ~
3. Pursuant to General Condition Number 8, this Order of
,Conditions must be registered in the Registry of Deeds for
Nantucket and proof of recording shall be submitted to the
Commi~sion, prior to commenEement of any work approved in
this Order.
;.~{
~'
4. No work approved under thisOfder slJall take place until all
administrative appeal periods from the Order have elapsed,
or, if an appeal has been filed, until all proceedings have
been completed.
J,'i..
s,,,",
:I,}A,
;r'-'~!
s. Pr-ior to any activity at the site, a siltation fence or a
line of haybales shall be staked as shown on the approved
plans. After the fence or haybalesare installed, notice
*hall be given to the Nantucket Conservation Commission. No
. work shall begin on the site for 48 hours after said notice
is given, so as to allow Commission members time to inspect
all siltation devices. The siltation fence or haybale line,
erected ~o prevent siltation of the wetland during
construction, will also serve as a limit of activity for work
,crews. It shall remain in good repair during all phases of
'construe~ion, and it shall not be removed until all soils are
stabilized and revegetated or until permission to remove it
is given by the Commission.
6. An as-built plan, signed and stamped by a registered
professional engineer or~and surveyor in the Commonwealth of
Massachusetts, shall be submitted to the Commission at the
same time as a written request for a Certificate of
Compliance and shall specify how, if at all, the completed
plan differs from the final approved plan. The as-built ,plan
shall include, but not be limited to, the following: any
pipe/culvert invel-tsfcq- inflow and outfall~'i; pipe slope,
size and composition; location of othec d,-ainage structures
and their composition; limits of fill 01- alteration; location
of all structures and pavement within 100 feet of wetland;
,.
Meeting Minutes for August 15, 1991 Page 23
the edge of the wetland; the grade contour-s within 100 feet
of the wetland.
7. Members, employees, and agents bf the Commi~sion shall have
the right to enter and inspec1t. the premises to evaluate
compliance with the conditibns and perforMance standards
stated in this Order, the Nantucket Wetlands Bylaw, the
Regulations promulgated under thE!' Bylaw, the Massachusetts
Wetlands Protection Act ,andper.til1ent Massachusetts
regulations (310 CMRI0.00<throu~h: 10.99). The Commission
may require the submittal of any data deemed necessary by the
Commission for thateva~uatlon.
8.
The applicant, owner-s, suc(:essors or assignees shall be
responsible for maintaining~nyon-site drainage structures
and outfalls, assuring thelasting;integrity of vegetative
cover on the site and monitoring site activities so as to
prevent erosion, siltation~ sedimentation, chemical
contamination or otherdi!tr-imental impact to anyon-site or
off-site r"esource area. It shall be the responsibility of
the proper"ty owner of'recb.n:i to see: that the maintenance
conditions are. c:ompliedwi'th as requcired by this order.
"
,...:
1-.
~_.
i.
.: 9.
This document shall be included in all construction contracts
and subcbntracts dealing with the work proposed and shall
.supersede other contract requirements.
10. Used petroleum products from the maintenance of construction
equipment, constructiondetlris, cmd 'unused paint and paint-
related products shall be col.lectedand disposed of
responsibly off the site. No on-sitedispbsal of these items
is allowed.
~
.'
;' 11. Dust control, if l-equired"shall be limited to water. No
salts or other wetting agents shall be used.
i'
12~;,Any refuse material found o.nthe site shall be disposed of at
an approved landfill and in no case may these materials be
buried or dispased of in or near a wetland .
,~'
.,
c
:j
,13. This Order of Conditions shall apply to any successor in
interest or successor in cont.r"o I of the proper ty.
14. In all cases, no part of any structure, including decks, may
be further South than the I ine delineated as the "Top of
Slope on the approved plans.
15. f\,Ja tura 1 vegeta t i on between the wet I and edge and the pro jec t
site shall be left intact except where it is necessary to
temporarily use this area. After- construction, any disturbed
area within this buffer area shall be replanted with native
.
1
f:
,~
1, :
\;
.-;
1:
~.;
tc
t<
1
I ,
I,
I
,.
Meeting Minutes for August 15, 1991 Page24
plants.
zone on
There must be at least a 25-fo~t undisturbed buffer
the upland ~ide of the wetland boundary.
16.
To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer more than 15 feet from thehousi IS
p 1- 0 h i bit ed .
The u.eof ..t imber pr essu. re treated with CCA (cromated c!,.pper
arsenate) or its.equivalent is permitted. Creosote tre ted
timbers are prohibited. The wood preservative must be ry
before the treated wood is used in cons,truction.
17.
18. With the exception of a chimney, no further construction is
allowed on the easterly side of the existing structure.' This
pl-ohibition includes the proposed de~k on the southern side
of the dwelling.
~
19. The proposed deck is to be no wider than ten (10) feet wide.
J
20. This Order of Conditions supersedes ~ny ~pprovals from the
preceding Order of Conditions issued on October f,' 1987
(SE48-432).
UNDER THE NANTUCKET WETLANDS BYLAW ONLY:
T-Re Commission her-eby. grants the applicant a waiver from Section
3.03(B)(2) of the Wetlands Protection Regulations of the Town of
Nantucket, under the Wetlands Bylaw <Chapter 136). This section
requires projects which are not water-dependent to maintain at
least a ,25-foot natural undisturbed area adjacent to a Inland
Water Body and all non-water~ependant~tructures be at least 50
feet from an Inland Water Body. The chimney and a portion of the
proposed deck permitted by this Order would enter that zone.
However, there has been a clear and co~vincing showing by th~
applicant that there are noreasonable-~onditions or alternatives
that would allow the project to proceed in,compliance with the
regulations and that the proposed project will not have any
adverse effect upon any of the interests protected by the Bylaw.
Therefore, this waiver is granted under the authority of Section
1.03<F)(2)(a) of the Wetlands Protection Regulations of the Town
of Nantucket.
###
b. Reade - Polpis Road - SE48-658 (46-1)
Present for the app I i cant is Mr-.. Jeff Blackwell,
and Blackwell.
Halt
Mr. Perry says he d,-afted an order and made a coup Ie of
changes which he will review. #15 add "With the exception 0-1"
'f;,
i
t,:
,
t':'
,', i,'" ,?j~~~.,.'.~)'j.;"::',:,,,,~i'-'Y:":'.'" "
I,
y
Meeting Minutes for August 15, 1991 Page 25
the approved wetland crossing" to precede the rest of the
paragraph. . I #27 to read: "After ins~allation ,!f the 1 1/2"
pressure llne and four lnch sleeve Ilne, the lIne shall be
I
pressure te~ted to ensure its integrity." This to show both
pipes are ~i ing pressure tested not just the outside one.
#31 add a inal sentence: "Final landscaping plan shall be
submitted 0 the commission for its approval prior to
installati n." #29 add "The only exception is for two low
voltage solar powered iights to be attached to the bridge for
safety reasons. These lights shall also be designed to
direct .light to the bridge surface and not to the surrounding
wetland."
MOTIONt To issue the order as drafted and amended is
made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
Reade & Alger, P.C. and Julius Jensen
DEPFILE NUMBER SE48 -658
ASSESSOR'S MAP 46, PARCEL 1
Old Polpis Road
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
!'
3. Pursuant to General Condition Number 8, this Order' of
Condi~ions must be registered in the Registry of Deeds for
Nantucket and proof of recording shall be submitted to the
Commission, prior to commencement of any work approved in
this Order.
4. No work approved under this Order shall take place until all
administrative appeal periods from the Order have elapsed,
or, if an appeal has been filed, until all proceedings have
been completed.
5. Prior to any activity at the site, a siltation fence or a
line of haybales shall be staked along the lines as shown in
the final approve-d plans. After the fence or haybales are
installed, notice shall be given to the Nantucket
Conservation Commission. No work shall begin on the site for
48 hours after said notice is given, so as to allow
Commission members time to inspect all siltation devices.
The siltation fence or haybale line, erected to prevent
siltation, erosion, filling of the wetland during
construction, will also serve as a limit of activity for work
crews. It shall remain in good repair' during all phases of
construction, and it shall not be removed until all soils are
I
I.
Meeting Minutes for August 15, 1991 Page 26
stabilized and revegetated or until permission to remove it
is given by the Commission.
6. An as-built plan, signed and stamped by a registered
professional engineer or land surveyor in the Commonwealth of
Massachusetts, shall be submitted to the Commissiona~the
same time as a written request for a Certificate of
Compl iance and shall speci fy how, if at all, the completed
plan differs, from the final approved plan. The as-built plan
shall include, but not be limited to, the following: any
pipe/culvert inverts for inflow and outfalls; pipe slope,
size and composition; location of other drainage structures
and their composition; l'imits of fill or alteration; location
of all structures and pavement within 100 feet of wetland;
the edge of the wetland; the grade contours within 100 feet
of the wetland.
7. Members, employees, and agents of the' Commission shall have
I the right to enter and inspect the'p,-emises to evalt.,tate
J<;~~ complianc;e, with the conditions and performance standards
i'<~ stated in.this Order, the Nantucket Wetlands Bylaw, the
Regulations promulgated under the Bylaw~ the Massachusetts
Wetlands Pro~ect~on Act, and pertinent Massachusetts
regulations <310 CMR lO~OOthrough 10.99). The Commission
may require the submittal of any data deemed necessary by the
Commission for that evaluation.
8. The applicant, owners, successors or assignees shall be
responsible for maintaining. anyon-site drainage structures
and outfalls, assuring the.lasting integrity of vegetative
'ii cover on t,he site andmon~toring site activities so as to
~+ preventeQ:osion, siltation, sedimentation, chemical
cbnta~ination or other detrimental impact to anyon-site or
off-s i te r;esource area. It sha II be the responsib i I i ty of
the proper:tyowner of record to see that the maintenance
i cond it ions are comp I ied with as requU"ed by th is order.
l'
9. This document shall be included in all construction contracts
and subcontracts dealing with the work proposed and shall
supersede other contract requirements.
10. Used petroleum products from the maintenance of construction
equipment, construction debris, and unused paint and paint~
related products shall be collected and disposed of
responsibly off the site. No on-site disposal of these items
is allowed.
11. Dust control, if required, shall be limited to water. No
salts or ather wetting agents shall be used.
.~..
.>
!i
i,J
i '
,.
y
Meeting Minutes for August 15, 1991
Page 27
12.
Any refuse material found on the site shall be disposed of
an approved landfill ~nd in no case may these materials be
buried or disposed of in or near a wetlarld.
-~
Cl ....
13. This Order of Conditions shall apply to tny successor in
interest or successor in control of the roperty.
14. With the exception of the approved wetla d crossing, no part
of any structure, including decks, stairr, cantilevers, etc.
may be closer than 50 feet from the resource areas.
15. With the exception of ~he approved wetland crossing, natural
vegetation between the wetland edge and the project site
shall be left intact except where it is 'necessary to
temporarily use this area. After"! construction, any disturbed
area within this buffer area shall be replanted with native
plants. There must be at least a 25-foot undisturbed buffer
zone on the upland side of th~ wetland boundary.
16. To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer: more than 15 feet f,-om the house is
prohibited.
,-'
17. The use of timber pressure tr.eated with CCA (cromated copper
arsenate) or its equivalent is permitted. Creosote treated
timbers are prohibited. The wood preservative must be dry
before the treated wood is used in construction.
18. The existing access for the westerly lot shall be blocked off
and replanted with native species.
~9. Prior to the commencement of work approved there shall be an
easement recorded that allows access to the property off the
existing road delineated as the "existing cart track" on the
final approved plans. Proof of the recording of this
easement shall be submitted to the Commission after the
document is recorded.
,20. No excavated or building materials shall be stockpiled
outside the area delineated by the silt fence and haybale
line.
21. The dr-iveway shall be constructed of pervious materials.
22. The ridge height which includes widows walks, railings, flag
poles, etc. for both structuresappr-oved under this Order
shall be limited to a.maximum offor-ty-three (43) feet above
the half tide datum for 1934 as Explained at the hearing.
23. Final building draw ngs shall be su.brnitted to the Commission
for its approva I pr or to submission for a bu i ld i ng perm it.
.
,
Meeting Minutes for August 15, 1991 Page 28
24. Excavation and construction of ~he replication area and the
bridge crossing shall be performed prior to the construction
of the two approved dwellings.
25. Work shall be performed as described in Appendix 0 of the NOr
submittal. The exception being that wetland shrubs dug up as
a result of the ditch excavation shall be trimmed and
transplanted into the replication area and then the stream
bank shall be stabilized using netting and excavated soils.
26. The installation of the sewer line, utility line and bridge
construction shall not be done during periods of high water.
27. After installation of the one and one half inch pressure line
and the four inch protective sleeve line, the line shall be
pressure tested to ensure its integr-ity.
~~
"~'
28. The double sewer line shall extend ten (10) feet past the
wetland boundary on either side of the wetland ,crossing.
'~~\
29. Extel-ior lighting shall be attached to the buildings and be
directed downward. The only exception is for two low wattage,
solar powered lights to be atta.ched to the bridge for safety
reasons. These lights will also be designed to direct light
to the bridge surface and not on to the surrounding wetland.
30. After all administrative appeal periods under both state and -
localregulationshav~expired and no appeals have been
filed, this Order of Conditions shall supersede any previous
approvals for work under the Order of Conditions SE48-646 and
SE48-647. At that time the applicant shall request of the
Department and the Commission that ~heapprovals be
withdrawn.
31. Landscaping outside of fifteen feet from the house shall be
limited to indigenous drought resistant species. A final
landscaping plan .shallbe submitted to the Commission for its
approval prior to installation.
WAIVER UNDER THE NANTUCKET WETLANDS BYLAW:
The Commission hereby grants ~he applicant the following waIvers
from the Wetlands Protection Regulations of the Town of
Nantucket, under theWetl~ndsBylaw (Chapter 136). Section
3.01(8)(3) [Inland Banks]~SectiOn 3.02rB)(I) [Vegetated
Wetland], Section 3.03 (B)(2) (Inland Water Bodies] all require
projects which are not water dependant maintain at least a 25-
foo t nd tu.r-a 1 ur-,d is tur-bed area ad j acent. to the appropr i ate
resource area and that structures. thatarf;! not water dependant be
at least fifty (50) feet from ~he appropri~te resource area.
These waivers would apply to the proposed bridged wetland
A,",_,.,.._~J;Ui~-~.~
!.
~,\
'.";
t,',
"
i'
Meeting Minutes for- August 15, 1991 Page 29
crossing and the installation of the sewer and utility lines.
However, there has been a cl:ear- and convincing showing by the I
applicant that ther-e al-e nO reasonable conditions or alternative's
that would allow the project to proceed in compliance with the
regulations; the pt-oject will have no adverse effect upon any off
the interests protected by the Bylaw and that the project as I
propose'; will result in an improvement over the proposed proiecfs
approved underSE48.-646 and S.E48-647. .T.herefore, these waivers\
are granted under the authority of Sections 1.03(F)(1) and .
1.03<F)(2)(a) and (d) of the Wetlands Protection Regulation~. '
###
c. Craig - 1 Kimball Avenue - SE48-659 - (30-33)
MOTION: To issue the order as drafted and amended
tonight is made and seconded.
UNANIMOUS
3. CERTIFICATE OF COMPLIANCE
a. Sankaty Head Golf Club - SE48-548 -(23-9)
Mr. Perry says this is for the relocation of the variou.
cabanas at the beach club. Notes there is an as-built
snowing the new locations and where they used to be.
Recommends the certificate be issued.
MOTION: To issue the Certificate of Compliance is
made and seconded.
UNANIMOUS
b. Woodbury Lane- SE48-312 - (41-543)
::'i
Present for the applicant is Ms. Rene Ceeley.
Mr. Per-ry says the last two lots have been regraded.
They are asking to have the on-going conditions which were
added to each partial compliance eliminated.
M~. Willet asks what we have for the on-going conditions.
Ms. Ceeley says the order was an unusual oriein that it
included the constr-uction of homes in the entire subdivision.
It was renewed twice and they are not eligible for any new
extensions on the order. So now its expired and applications
have been coming in for detenninations. Principley the order
was intended to cover the r-oadconstruction,wetland
replication, drainage. All that work has been done and you
have given us a partial for all that work that was completed
~.
Meeting Minutes for August 15, 1991 Page 30
in i988. The on-going conditions include water quality
testing,lwetlands inventory, which all related to the
wetlands1replication. There's no construction activity
happenin,g that we neEd to be testing the water and further
and we ~~ve tested from 1987 to 1990 which showed no major
fluctua ions in water quality du.e to. ~ny of the activity
which w s principley the main road construction which was
quite e)ttensive. So they'd like to see that disappear. For
the wet~andS inventory there were at first 27 species first
determined in the wetland and with the replications work they
were up to 36 species.
,It
p,
,Dr. Dunwiddie says that was 1988. These wetlands usually
take a little while to develop. Things that show up the
first year may not be there now. The whole idea for having
moni~oring for several years was to have long ter-m inventory.
I don't think anything was done after the first year. I
would like to see an evaluation now. Also I've never seen
any of the water studies after the first year either.
t
jMs. Ceeley says they are alJ in the. files. We stopped
testing back in April of 1990 because the order had expired
and this is kind of a gray area. If it's expired do these
conditions survive.
Mr. Perry says we got the ones for 89 and 90 last week.
Ms. Ceeley says on the issue of water quality she doesn't
know what they are testing for because there is no activity
out there. The whol~ subdivision is fully severed and is on
town water and doesn't have that kind of an impact.
I',
:-/' 1
....
~
br. Dunwiddie says having been the only commissioner who
sat through all this~ one of the intentions was what appeared
to be this subdivision was actually going to be built and
have houses and lawns and fertilizers and dogs and the
monitoring would be monitoring the impacts of all those on
the wetlands. But due to our inclement economy some of these
things didn't transpire so it does look a little superfluous
monitoring but the intention was to monitor what hasn't ever
occurred out there. We can just assume the lots are never
going to sell and there will never be a impact on the water
and therefore cast all monitol-ing aside or we might want to
consider that some day ~he economy will revive, lots will
sell and there may ultimately be something.
Ms. Ceeley says li~tening to you tonight and there are
lots of act vitie5 happening in wetlands never mind in the
buffers or tist outside of them. Is there water quality
monitoring hat's requil-ed?
"
Meeting Minutes for August 15, 1991 Page 31
Mr. Kelliher says in view of tt"!,~.. fact the construction is
completed and nothing is likely going to happen in the
fOl-eseeable future which will affect the water quality...
Mr. Perry says he tends to disagree. We've received
determinations on four- lots in the last couple of meetings.
Dr. Dunwiddie says fertilizing lawns won't affect the
water quality?
Ms. Ceeley says in your order no fertilizing is allowed
within 25' of the wetland. There's nothing to prevent
abutters who are having a t.remendous affect on this wetland
from using fertilizer and pesticides.. This is a natural run-
off area for a very sizeable part of the island.
Mr. Rer~y sU99~sts Dr. Dunwiddie doa final wetlands
inventory; he was under the impression that when the previous
commissioners signed off on the "'epli~ations area they were,
happy with it. He didn't see it as requiring additional
reports after they had "got,ten compliance on it.
Dr. Dunwiddie says it seems clear to him. There's
statements in the order if ,after two :years.. .after five
years. There hasn't even been any evaluation done after five
years so we don't. know what's in there.
Mr. Perry says you'd like to see that evaluation.
Dr. Dunwiddie says yes; that was the whole intention.
Mr. Willet asks what year was it written.
Dr. Dunwiddie says 'S5.
i
~l
Mr. Wasierski says this is the fifth year why don't they
do it.
fi
M!-. Perry says the order expired in Dc tober of 1990.
,<"t
Mr. Kelliher says if the order expired aren't our hands
tied?
Mr. Perry says we can hold the Certificate of Compliance.
Doing a wetland inventory isn't something that would require
filing a Notice.
Ms. Ceeley says a water quality testing by itself is
ridiculous because you had us establish in 1987 a baseline
standard from testing out of Liberty Street drain which
doesn't reflect any activity wi~hin that particular area.
What did that test mean that was done prior to the
I
I.
Meeting Minutes for August 15, 1991 Page 32
construction activity~ Was it adverse conditions at the
time, was it a dry ~eason, a wet season. What did it
represent? The subdivision is wildlife.
Mr. Willet says since it was in the order of conditio/Ins
that somewhere down the line it be tested and if Dr.
Dunwiddie thinks it's important it probably is good to de so.
I
Other than that from what I understand Mr. Perry has gOnE\
through the file and I think everything's pretty much in
order. '
Ms. Ceeley says so is your feeling that the on-going
condition should be to conduct one final wetlands inventory
,
and water quality test?
Mr. Willet says he doesn't know about the water quality
test.
~f
,,':
Dr. Dunwiddie say:> he wants to 99 through the water
quality tests results and see what is there. Held 'like to
find the baseline standards to compare 'it with.
Mr. Perry says he thinks to support the ongoing
conditions if the wetland inventory was submitted and a
review Qf the water~uality wa~ done they you could decide
_ whether or not you want to issue a certificate as opposed to
issuing a final with an ongoing condition with some date in
the future.
oj;';
Dr. Dunwiddie says ~e thinks it would also be appropriate
given what you just said about the la?tdetermination that
there should be at least a cursory inspection of the wetlands
boundary to ascertain they are prettY close to what they were
before because that was a major consideration during the
hearings that the wetlands weren't going to be impacted.
That's why all this engineering was required in the first
place. If there's some suggestion that the wetlands are
disappearing that should be a little cause for concern.
J't
M
Ii.
..;.
(
},
Ms. Ceeley asks what was the difference on Lot 15.
Mr. Perry says he thinks about 5-6'.
Ms. Ceeley says she doesn't know how the under drain
system is affecting that lot because it.s kind of an unusual
wetland. It's up gradient fromtha lots. Wonders if it is
something else that is happening. Adds who knows what
crlte~ia was used back in 1985.
Mr. Perry says it did seem from walking around in there
the 1985 delineation was conservative for the existing
conditions. He didn't have the wetlands as far down as they
(
~,:
1
i
:-,:f
~.
"
\'
Meeting Minutes for August 15, 1991
Page 33
did. Aga in,
receded.
they might have been down there and it has
I
the
M,-. Wi llet asksl if 0,.'. Dunwidd ie wants to take a look at
files and the ryext meeting they will come to a decision.
Dr. Dunwiddie 19rees.
MOTION: T~ continue for additional information is
made anp s~conded.
UNANIMOUS
c. Bennett - 22 Lily St. SE48-650 (42.4.3-91)
Mr. Perry says this was an after the fact filing and
everything looks fine.
MOTION: To issue the Certificate of Compliance is
made and seconded.
UNANIMOUS
d. Golding - 99 Baxter Rd. - SE48-474 (48-18)
Mr. Perry says there are slight differences between the
as-built and what was approved in the order. He adds the
reason the sunroom wasn't moved back is because there is a
steep drop-off there and it's a portable building they got
out of Sears Catalog and it is sitting on pilings and it
would be easy to move. It's well vegetated between there and
the bank so it's not hurting anything. The building in the
middle which is off 2' wasn't ~oved at all. Recommends the
certificate be issued.
MOTION: To issue the Certificate of Compliance lS
made and seconded.
UNANIMOUS
e. Spinnaker - No. Beach St. - SE48-304 (29-131)
Mr. Perry says this project was never constructed.
now owned by Cumberland Farms and we have a letter so
stating.
I t is
MOTION:
To issue the Certificate of Cdmpliance is
made and 5~conded.
UNANIMOUS
f. Spinnaker - No. Beach St. - SE48-303 (29-131.1)
~0eti~c Minutes for August 15, 1991 Page 34
Mr. Perry says ~his project was never constructed.
now owned by Cumbe~land Farms and we have a letter so
stating.
It is
I"IOT I Oi-J:
made and
To issue the Certificate of Compliance
seconded.
is
UNANIMOUS
g. Ericksen - RI & PA Ave. - SE48-285 (60.3.1-146)
Mr. Perry says this IS for an old septic replacement at
Smith's Point across from Crozier's.
Present is Mr. Ericksen who purchased the property from
the previous owned who had never requested the order be
closed.
i. ~.;..'
"'~
4> .
lIil
~ ~\
MOTION: To issue the Certificate of Compliance is
made and seconded.
f.
UNANIMOUS
5. OTHER BUSINESS
a. Dooley/DeShazo - 219 Madaket Rd.- (59-43) - violation
Mr. Perry says last Tuesday he walked around the property
with Mr. Dooley and told him what! thought the wetland
boundaries could be. Told him to stake it and file a Notice
then when it grows back a little we can delineate it and
decide if we want it replanted. He said all he had wanted
was a footpath so he could get in and plant a garden in the
upland. He told Mr. Dooley that he was sure the commission
would have allowed him to hand-cut a footpath through there.
He also commented he didn't want to spend a couple of years
getting permits to have a footpath. He's coming in with a
notice hopefully by the 29th. We also have received payment
of the fine from Mr. Poor.
b. Brushcutting discussion
c. Sesachacha Pond - discussion
Commissioners discuss driving around the edge of the
pond. Suggest Dr. Dunwiddie post Some signs.
1'11-. Perry asks if th,;? Commission wants to ltJ,-ite a lettel-
to the DEPsupporting Dl-. Dunwiddie'sposition that it be
blocked off. Suggests a post and rail fence.
~;, <.
~'f
1,:
;'1,
;
~
'{'
. '
'~.~';'il>l"jr#':"~"7'i~..~;J'lr? .'~.'~.' '~,~,~~','~"':'-':"':"'!-:',"'f""!!>'
"
Meeting Minutes for August 15, 1991 Page 35
Mr. Wasierski says #1 on Dr. Dunwiddie's map is a public
right of way that people use :to launch boats and windsurfers.
Also #3. So.ys Audubon signs are on the Town Right of t.Jay,
they al-e not on Audubon property.
I
Dr. Dunwiddiesays Ray Eager put them there. Adds if you (
read the letter carefully I did not ask to block off that .'
road. I asked that signs be posted to keep people from
driving around on the beach.
Commissioners discuss posting signs vs. requesting it be
blocked off.
MOTION: To request the DPW at this time post signs
is made and seconded.
UNANIMOUS
d. Greenhill - 16 Hoicks Hollow Rd. - SE48-657 (23-1)
Present for the applicant is Attorney Melissa Philbrick.
Attorney Philbrick says they ,are planning _to build flush,
at grade brick walkways what she previously had understood
would be decking. Also the architect found when he went to
the site to measure that ridge height will actually be 14'
which will match the existing.
MOTION: To accept the minor modification is made and
seconded.
Dr. Dunwiddie abstains
UNANIMOUS
E. Beach traffic - discussion
Mr. Pen-y says a number of telephone poles have been put
up at Surfside to block vehicle traffic.
Dr. Dunwiddie asks are we campaigning for- people to allow
drive down the beach or to not allow.
Mr. Perry asks that's the question and also are we
allowing people to construct barricades without coming to us
first.
M,- kelLhe!- mentions the file (Robinson) where bCJ~,jpro-
I.<lere not allo.",ed on a bE'aeh to pi-evE.'nt tr-a-ffic.:.
Mr. Perry says the State Police came in about the matter
at SUI-fside.
'\'
I
Meeting Minutes for August 15, 1991
Page 3t.,
Dr. Dunwiddie says we are just being used. Don't tne
four wheel drive vehicles driving nver the dunes cause
problems which we should be concerned about?
Commissioners say absolutely.
Mr. Willet says I don't think you are g~ing to stop them
but to direct them B little bit more.
Mr. Wasierski asks what we heard by the Board of
Selectmen.
Ms. McColl says they came tip with another committee for
safe driving.
Mr. Willet says perhaps we should defer to them.
t
_: :
L
f. Bamber brushcutting in Sheeps Pond
Mr. KeLliher abstains from the Commission's vote.
Mr. Willet says he's been doing some unpermitted
brushcutting in a wetland, is that correct. And he's not
cutting a road, he's cutting off the side of the road?
Mr. Perry says yes. And the existing road is not in the
layout. What he's doing is cutting the county layout. He
had it surveyed and staked and he'scut~ing a 40' wide area
which goes through a wetlands.
Ms. .McColl asks if the County gave him permission to do
this cutting?
t,
'1
""
Mr. Kelliher says they did tell him to build a road in
order to develop the property he is trying to sell which is
no t; we t la nd .
Ms. McColl says this is no different from the
br"ushcutt ing in Madaket. The gent leman knows the
regulations. Shouldn't we handle it the same way and issue a
fine?
M,-. Willet says he would be inclined to ask him to come
1\"'1 first.
Mr. Kelliher says in previous years he has done it.
CO:1)mlssionel-S agree iNe should ask rdrn to corne i'i and (i le
a No tic e .
g. Barker brushcutting off Madaket Rd. & Grove Lane
\,
.
Meeting Minutes for August 15, 1991 Page 37
Mr. Perry says this is anothe!" brushcutting incident.
This was cut three or four year~ ago when it waS shrubs. It
was done again a few weeks ago. Had wetland vegetation.
Believes the commission needs a policy. Are we going t::
allow on-going mowing of wet meadows for stuff that's
happened "historically"? Or ar.e we going to dr'aw the line at
just new brushcutting?
Commissioners comment the historic brushcutting.
Mr. Perry suggests the commissioners may want to think
about a policy for the next meeting. Or do they just want to
take it case by case. Do you want Mr. Barker to come in
because he brushcut a wet meadow, come in for a
determination. Knows he wanted to turn it into a pasture for
horses five years ago.
Mr. Wasierski asks what is better wet meadow, vegetation
other than woody stock?
Dr. Dunwiddie says he's not sure if they can decide which
is better, but he thinks a policy is necessar'y.
Hr. Kelliher says what about th~ people on the harbor
whose lawns go down to the beach? If we ha~e a policy we
have to have one that covers all aspects.
Dr. Dunwiddie says the problem is as soon as you allow a
loophole people drive a truck through it.
h. Buskin - further action?
Mr. Perry says we have received a letter-from Attorney
Tillotson. Notes we have listed to the meeting minutes for
the filing of a Determination by Holmes for this parcel and
have typed from the tapes for the file. The meetings were
held 6/23/88 and 7/7/88 and it is clear the wetland boundary
was never approved by the Commission. Reads Mr. Tillotson's
letter. Adds he suggests we record the Enforcement order on
the two titles.
Commissioners agree.
Mr. Perry says he also will send Mr. Tillotson a copy of
the expanded minutes. Adds the only people who put the
wetland line approved by the Con Com were the surveyors from
1 98EJ 10
i. Crozier - discussion
I
'i
f'1eeting t'llnutes -fo.. (~,_;~,-:'O';t 15,1'991
Page 38
Mr. Crosiel- s",ys Mr. Pen-V suggEsted I talk with you
people a bit before we lappeal the decision you made in April
and May regarding buildIng a;, additEH. OL:t at Smith's Point.
We appreciate your app~oving the going up addition but we
really don't wish to g~ up. It's not Nantucket, it's ugly to
the neighbors a~d a bi!. storm might blow it allover. Has
two requests. One is instead of ~ two-car garage studio to
build a smaller, onec r garage stuoiu which would be for his
son who is a concert p~anist ancl who needs the room to
practice and would be ~uilt where there is an existing dog
house. NotES he ~ould prefer a two car garage but one would
be enough to put the bOdt in. The second is to expand to the
front over the solid cement deck ~hich wasn't considered part
of the footprint.
Mr. Kellihe~ thinks the proposed compromise IS a good
one.
I.;..:.
ji,
Dr. Dunwiddie asks where the resource area is.
Mr. Perry s4ys they areeKpanding on the side away from
the dune. P~esents the site plan.
Mr. Perry says this could be done on a new notice or on a
modification to the old one.
Mr. Wasierski says the modification being to eliminate
the dog pen and the dog house in lieu of a garage of the same
size?
1 '
1.
1:1
~, ;"
Mr. Perry says no, the modification would be to get rid
of the second story addition.
M,-. Willet adds and the patio and scaling down the size
of the garage.
Mr. Perry says we didn't approve that garage.
Mr. Willet says he would be agl-eeable i1 you cut down the
size and the height.
Mr. Kelliher says he thinks the neighbors would be happy.
J. Anapol - discussion
Mr. Perry says the order allowed him to cut a driveway
through the dune. Pal- tQf it was an ongoing c:ond i t i on from 2-
1982 order. Part of the onqoinq cC1",ditinn '-")25 ~hat he come
in, with a replanting p12n. l~e h~ve :-2Guested L~ic~, once vla
certified mail, and had no response.
~"
,.
~.
Meeting Minutes for August 15, 1991 Page 39
F>resent for some of the abuttel~5 is 1'11-. Thomas Erichsen.
Mr. Erichsen says at !he ~nd of Rhode Island Avenue he is the
last house on the lef ; Ml-S. Rhoda We i fHrlan has a p lace back
in the dune; Crozier' are the last house on the right. The
road ended there which was actually the end of the dune.
Twenty feet up was a/dune fence and a path to Mrs. Weinman's.
He has been thereabcut 7 years. There was always a path
that went up and to the right which would have been
Pennsylvania Avenue ~'d connected down with Massachusetts.
There is a telephone ~ole perched up in there. Pennsylvania
Avenue is a paper" street but it's under about 30' of sand.
On or about the 15th of June after the Compliance, reading
his order he used a 1982 Order of Conditions that he was
permitted to maintaih the wind blown sandon his property.
Mr. Perry interjects the order allowed relocation of the
driveway and once the driveway was relocated he was allowed
to maintain it by moving around windblown stand. After it
was moved around he was supposed to replant.
Mr. Eric~sen says rather than even put a driveway in
bec.ause in the 7 years I have been thei-e that has a lways been
a dune and dunegrass and just a small f'ootpath, he to my
knowledge had, whether it was permission, I don't believe it
was easement, wi~h an adjacent neighbor off of Massachusetts
Ave. so~t of behind him. They had a disagreement and he was
not permitted to access his property any longer which he had
done apparently since 1982. There was never a driveway from
Rhode Island Avenue. After this board reviewed that consent
in 1982 he went ahead with the bulldozer and cut a road
through a full blade wide. Shows pictures of what had been a
footpath and notes not only is it widened but the sides have
caved in. When you get down to his property and I don't know
what he's allowed to do with the existing primary dune which
he sits in the last picture shown how he just cut through
that. I live at the end of the clay road and never had any
sand except for a little in the spring when I would go out
there with a shovel. Now not only because the road is there
everybody that comes down with a rental instead of going to
Massachusetts Avenue 'they see this new road cut and come up
in my back yard, they try to come up an the hill, they turn
around on the dune. Now the road is filling up with sand.
It hasn't blown yet but over the winter it will come right
down the road to the intersection. One thing after your
granting him whatever he was permitted to do around his house
and on his property there was in the file the DEP order
stating that there would be no gl~ading of the coastal dune
allowed unde~ the coastal ~e0u13~tons. And if you look at
those pictuces he plOLved r- igr,t t:il-o:...lgil J. c. {;11 tt-ie neighbors
seem to get along but this was sort of a blatant let's get a
dozer, do it and see what happens. Number one my wife in her
spare time is out there planting dune grass. In Dan's
Meeting Minutes for August 15, 1991
Page 40
(Crozier} order- tr.is bcal-d specifically stated that b.ecau.se
of the impending ~tature of the dune h~ could not expand on
that side. And if he did. which I have no objection to, he
would have haybales, dUn~ fencing, etc. Everyone else is
complying IAli th trlE' Censel-vat ion Commission which we believe
are your general feelings of proteetion.
Mr. Willet says so what we're looking for is.some sort of
planting schedule or management program to stabilize the
whole area. Suggests why dOD't we give him two weeks and
threaten him with an Enforcement Order if he doesn't come ln
with this.
Dr. Dunwiddie questions the regulations allowing him to
maintain a driveway that wasn't there.
Mr. Perry agrees that is a gray area.
L
,;
Mr. Willet asks the one that is in there now is the one
that was detailed on the original plan?
Mr. Perry says pretfy much.
Mr. Willet continues at one point he had an option to use
somebody else's and chose to use that~
Mr.~richseri-says he chose to use that since 1982. And
I've never seen a plan that detailed the driveway.
Mr. Willet asks and this is his legal access?
~'
!,'
Mr. Perry says it's his only road frontage.
~,
!
Mr. Willet says if we're having no luck getting him to
come in, send him an Enforcement Order and see if he'll come
i n for t ha t .
Mr. Erichsen asks, because there was no detailed driveway
to my knowledge, to my knowledge, and there might be in the
fi Ie, but Mr. Perry has shown me the file, that I saw that
detailed a df-iveway going out to Rhode Island Avenu.e and
since he never did in the Order of Conditions of 1982 or any
time thereafter install it let alone maintain it and this is
now ten years thereafter he decides just to...
Mr. Willet says he would like to find out what the
situation is if per~aps the ather access has been cut off to
him. Vou sa~d a reighbcr yeu thought was letting him go in'
Mr. Erichsen says that is heresay.
. '
t
f
r~.
$.
l.
) .
~..
~'
r
~
,i,~,
/,
r
:',.
- "-";'':V\''~'''''''~'~J':;::;-'''~' "
.
Meeting Minutes for August 15~ 1991
Page 41
Mr. Willet says he doasn't know that either and needs to
find out what is his access and would like to get him in here
to talk to him.
Mr. Kelliher suggests we need to do something rather
rapidly before he leaves the island which will be within tWG
weeks. Adds he comes down frequently off season but usually
on weekends.
Mr. Erichsen points out the lots that have been cut
through and says it appears it is Mr. Anapol's property.
Wonders if he has the right to go through a primary dune to
gain access ten years after the fact. Says there is a
subdivision that goes right to the Atlantic Ocean. How is
that designated. He would assume Pennsylvania Avenue is not
to be considered a through street.
Mr. Willet says he would assume he has a right to some
access to the house if it is a lawfully existing dwelling.
Dr. Dunwiddie says but he has to get permission from the
Con Com.
Discussion between Commissioners and Mr. Erichsen
regarding access by foot.
Mr. Willet says we must have given some vague permission
somewhere along the line in an order of conditions issued by
us.
Mr. Perry says in 1982 to relocate the driveway and to
keep it clear of sand.
Mr. Perry says this all came up when he came in for a
Certificate of Compliance the commission said he had
permission to do this under the order of conditions, we'll
allow him to continue.
Mr.Wasierski says but we were talking about a driveway
that I thought was on his own property. When I worked out
there, the town maintained Pennsylvania Avenue in '69, '70,
'71. Anapol off-street parking area was right on his
property. For me, from the end of the ro~d to his property
he had no right to touch that dune at all. Wonders if he has
a right to pass on repass on Rhode Island to get to his
property.
Mr. Erichsen says he doesn' t know. It "'lash i s k nOI,',/} edge
that none of us had acce;:,,=" cjr'";Cle'- '} p'- imd.'-Y dune e'/en though
these roads led undel- that dune. Vou could take Rhode Island
all the way through to the Atlantic Ocean but that didn't
give-me the idea that because it's a papel- street... He went
, .
I
i'1eE'ting f-iinutes fo," Augu:-.t ~S. 1991
Page 42
150' through the cJunf? r1y' qUE'S t i G ni s if he had the r igh t to
do ita 1 I and i f the.. e i..!€. ::; a ; i 9 h t t f her, 0 d P e 1- m i s s ion tad 0
it. Apparently those ace tlt-JO open q~-":-?~;':.'.Jns.
Mr. Willet says it
issued that we felt he
4eems to me that in June when we
:b id have the I UJht to do it.
te didn't reali:e the driveway had
\That is a totally different
Dr. Dunwiddie says
never been maintained.
situation.
Mr. Wasierski says it could have been ffiaintainedbut the
two roads are filled in.
Mr. Kelliher says he got the impression he had done it
every year.
MI-. Er i chsen says he has been tt';ere for seven years and
it has been a footpath. He rented back in the 60's there
wasn't as much dune grass and ~he town maintained ft. Once a
season they came out.
Mr. Willet asks the commissioners what they would like to
do, get him in here?
Mr. Erichsen says he 15 going to have an awful sand
problem; you almost need a fout-wheel drive vehicle now in
front of his driveway.
~.
Mr. Willet says there's going to be a problem and I think
he created it and I think we'ought to get him in here.
Commissioners suggest a phone call.
Mr. Erichsen says he also called Le'aldon Langley
regarding what constitutes a coastal dune and found even if
he did have the ability to gain access he would have to go to
DEP also.
k. Rowley - 28 TerinAve -SE48-640 -(60.1.2-31) minor mod
Mr. Perry says they came for a Notice to put an addition
on the house and also Went before the ZBA for a side line
reduction because of I Street. They wanted to go out to the
lot line but they would not allow. We allowed the rectangle.
The 2BA required they put a shed or somehow connect the two
buildings. He's asking at least a shed and if zoning allows
tD PL\t enl\/ a de,:.:~.. thc:"l'.'::"" T-i.tS b:::~-.:'.-.:..~ t~-:';;. --!.~j:...;'.=.e 6nd hE1S
for.ced into it.
MOTION: To allow the mInor modification IS made and
accepted.
. .
. i:
.. './
,.
y
Meeting Minutes for August 15, 1991 Page 43
UNANIMOUS
i
1. Lugosch - 15 Fulling Mill - SE48-607 (27-8) mlnor mod
Present for Mr. Lugosch is Mr. Woody Lindley.
Mr. Perry says they have an order for a b-ick patio, a
walkway and a wooden deck. There is an existing storage bin
which blocks the view to town. \
Mr. Lindley says the request is to re~ove 6' or one
section of the shed which comes in 3 sections.
Mr. Perry says Mr. Mahala visited the site and commented
as long as the request doesn't impact the resources any more
than we could consider it a minor mod. The problem is the
existing line of the storage locker goes right over the dune
so they have changed their original request which was to
rotate it 10-20 degrees.
Dr. Dunwiddie suggests they put it next to the brick,
patio. Asks if it is for storing windsurfers, etc.
Mr. Lindley says so that would be all right as long as
it's not in the beach grass. Adds he doesn't think they are
going to make the brickpati~ as large now.
Mr. Perry suggests in that case they put it in the
envelope of the brick patio and that will resolve the harbor
view problem and it is a minor modification as you already
have the footprint.
MOTION: To apprave the minor modification is made
and seconded.
UNANIMOUS
m. Flamm - Conservation Restriction - review compliance
Present for the applicant is Attorney Melissa Philbrick.
Attorney Philbrick says the last time she was here they
talked about joining th~ two restriction areas on the plan
and she responded to that at the last meeting. Ms. Flamm
wanted to keep the easement open for her children and the
second thought was tha~ the two resource areas were actually
quite different. The other matter was making the restriction
stipulate no additional structures on the proDertv. Thev
p,opoS'.e to add in to SectiDn 9 in the pr"ohibited section the
following language: "Construction of additional structures
or additions to existing stru~tures on the lot of a size, in
a location or in a manner which, in the reasonable opinion of
. -
Meetin~ Minutes for August 15, 1991 Fage 44
the Grantee and the Nantucket Cons2rv~tior Commi~sion, is
inconsistent with th~ O! ~Dse of this Conservation
Pest',-iction 01- had a ne ive impact 0;; ~::"" RE-?st,icted
Pl-emises." Feels this is an eryfurc:e"'.L...e iestriction and
links it to the conservation purposes of the restriction
itself. It ties it to aoproval with the Grantee who would be
the Land Bank. It deals with additiQnal structures as
opposed to additional living space. Mrs. Flamm says this is
acceptable to her if it is acceptable to you.
Attorney Philbrick the process says once the restriction
is c3ccep table to you th is has to go thr-ough '.:!1e rest of the
approval process. Once it is recorded ~e would corne back and
ask for a Certificate of Compliance.
MOTION: Toaccect the Conservation Restriction is
made and seconded.
The wording of the restriction is further discusseo and
the fina.lized version asset forth above and includes the
Conservation Commission in the approval process is dgain
brought to vote. Mr. Kelliher retracts his original motion
which resulted in only two votes and makes a nelv motion.
MOTION: To accept the proposed Amendment to the
Conservation Restriction and to accept the
r'estr ict ion as draf ted is mad-e and seconded.
UNANIMOUS
o. CORRESPONDENCE
7. MINUTES: for July 25, 1991
MOTION: To accept the minutes as drafted is made and
seconded.
UNANIMOUS
8. BILLS TO BE PAID
9. FIELD INSPECTIONS:
Tuesday, August 27, 1991, 4:00
MOTION: To adjourn the meeting at 11:00 p.m. is made
and seconded.
UNANIMOUS
~--