Loading...
HomeMy WebLinkAbout1991-11-07 ." ::~; ;:_~; ~,> :",',~:)Ji5'~i:\~~:~~~ill:Q<k~~:g~..;;;4'i~i~~:~~{~~<j_:;._; .,,' '4 to- ," , Town of Nantucket Conservation Commission (508) 228-7230 10 South Beach Street Nantucket, Massachusetts 02554 MEETING "INUTES FOR.'~R 7. 1991 i: The meeting waseall.Clto order at7:0Sp..m.. in the Large Group Instruction ROom o"'theNantuc'k.tMtOh~"ool. Commissioners present were William Will.,t,l..aura Hussey, Peter Dunwiddie. Diane "McColl , Daniel Kellitte,. ,am:t:Petler Wilson. Also present were Bruce Perry, Administratot', "'aridl..uc:ia Wyeth, secretary. A. COttttENTS AND QUESTIONS FROM PRESS AND PUBLIC' B. PUBLIC HEARINGS 1 . Richards - 25 E. Tristram Ave.. ,- SE4e--~09 ... '(31-1) -<:.> ,';" .".-t MOTION: To continue at the applicant*s request is made and seconded. Ves - 5 No - 1 (Peter D.) 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) MOTION: To continue at the applicant's request is made and seconded. UNANIMOUS 4. Dunham - Tristram Avenue ...- SE48-h66 .....' (31-02) MOTION: To continue at the applicant's request is made and seconded. UNANIMOUS 5. Bordes - 12 Oakland St- SE4S....664 -(59.4-187-192, etc.) Presentf'or the applicant is ;JoRin Shugrue. Mr. Willet says he and Mr. Perry have been to the house to as'c:ertain the humber of bedromns. @ ~dedpaper Mr. Shugt"ue says he has done a revhied pl.., which shows the deck cantilevered out an additional 2'and after your I inspection he didn't change the number of bedrooms. ~,,(/o\j~l~ . , . I' ;~;~:L\..,,;;,"~""~i:;~;!~~~~'~$.tfif'~~"~~~?;~:?~~:-0.;:;r.E',;i}14,{..~_::'Q:..12f;;{i~l'~"'t~:"'~~"'2J:~f.?';r;;..,i)':'~;-'. ',; '-'" ;-4&:,~ti'!:v-i~~.k::iw~~iJ;~~r-,,::::;:;,~:' ;:-~~_.;;::;?'i\~",:;.-~':\'t;:f.J",;":1&fdfX;--;'.:~.;;,~~'.;'{; ,,' (,;-.. -::'-;~;-;"""':~~,,~jO . . , Meeting Minutes for November 7, 1991 Page 2 Mr. . Wi lilet says we found what might be termed 7 proper bedrooms and a loft; there was some debate on whether to count the 10ft as a bedroom. Mr. Perry says one bedroom you had to go through a bunktoomto get to and;!...... really ,sort of an emtry way to the bedroom.but>there were an number of room!5 'with beds in it. Mr. Shugrue says.l')eth inks 8 is more proper.to comply . with ,Title V and do it properly. Dr. Dunwiddie asks have we decided that we want this e>.<pans'icmarea,c:onstr-uctedth.t fills the wetland. Mr. Willet says we don't want it constructed but it has to bel.Hd out, is that it? Mr. Shugrue says it has to be laid out to comply with Title V.. Dr. Dunwiddie says it has to be laid out but not constructed. Does it have to show it on the plan? Mr. Willet says it has to show an expansion area. Adds he doesn't know if in our order we can say the old one has to be dugout and redone. be i~r~o;~~i~~~es:i:hn~i~~~a~~e if you do that ,ou will not Dr. Dunwiddie says in other words we're say~ng you can go ahead and fill the wetland by building the expat-sioh area. Mr. Willet says from what I understand that s what we have to say. Mr. Perry says they don't have to construct the expansion area. Mr. Willet says you can choose to area andredott"aat. I dig out ~he original Dr. Dunwiddie says buti'f we can't force them to in an order, 'why would they do it. Mr. Perry saysfle doesn't u~erstand; know~Richard Ray has issued septic replacement permits that req~ire if the system fails they dig it up andreJuveaate it in'thesame location. .. \ III JL III 'uY ... i~~~'<~> \:;~'~\f .~ ,""T.r:.~..;.~~_~~~--'I'_.,.-. -'>r.:.~'+,." ..<;..~_"" . ,P"'-;:, -.'.~. ..... ......,.7"". .~.,,,",. _".~ _:"~"'""_''''"'.__'~~'' L. T_.,............ ~ ..r_...._..,,~~ . , Meeting Minutes for November 7, 1991 Page 3 Mr. Shugr~e s~ys yes, ons~alllots whet"e you don't have the room 'most 'of the time the one's that he has done you were no where's cloSE! to being able to comply with Title V. Mr. Willet says but if thE! expansion involved filling a wetland. Dr. Dunwiddie says from my p'erspective you're not close to (:Qmplying withoul""regulations. Vou're in a wetland, '. ",:. ,:: ' '" . . . '. .>{ you.rE! not 100' from a wetland, you're in it. Mr. Willet asks Mr. ShugruE! if he has talked to Mr. Ray about ,not using the ~xpansion area. Mr. Shugrue says yes and t"ight now Mr. Ray is more conC;ernedClbo~t: g.~ti.ng it a~ay fr~m ..,herei t, is right now andthetfig wet I Clnct and is not. too concerned Illbout the small wet land. ., Mr. Perry asks. if he has, to get a variance from the Board of HeCllth because''Yo~'~!! .50 close 'to the wetland? Mr.Shugru~says nobec:ause.i t j s making a problem system a lot bettE!r. . Mr. Willet suggests we make arecommendatior to Richard Ray that the expansion area not be used and we not issue the order until then. Mr. Perry says we' could close, ,the h.ar i ngCll")d issue it in two weeks and he could talk to Mr~RClY between, now and then. Dr~ Dunwiddie says he thinks a recommendation is just that and nothing mOre. Mr. Willet says right now he doesn't even have that from us so there's a shot here. If he doesn't then we can get into this. Mr. Shugrue says he has a few other comments. #16 should be dropped. Commission~t"s discuss and say they don't see anything wrong with leaving #16 in. Mr. Shugrue asks how many bedrooms the commission has decided upon. Mr. Perry states that the 1.of.tis open to the living room below and the bunkroom is the entry way to the other bedroom. .. Commissioners discuss and three agree on 7, one on 3. "",' :"~"~','l>;''''~'1'1'-''~~0'''":T-1:,,,,,,,,,,,~,,,,,.,.,,.. II fI! Y"l1J TJ IIIIIVlJnlJt,,__..~~~~~,.e;'--'~:IJIIIIlIllll t ~'. ;'. ;.;_,;:_\<t'::;y~"";:~~; ,c-, ,:~,,"":::-_,",:?''';;'.:;-- . . , ,';Mf!eting Minutes for November 7, 1991 Page 4 Mr. Shugrue comments II OK see you in .court" and asks to be at the meet! n~W':i'~h Mr. Ray" MOTION: .T9 continue thtt 1]Ef.~ringfor additional informatibn is made andsec:onded~ UNANIMOUS " 6. Ducksholm Nominee Trust- SOShawkemo Rd, S~?te-?71 ...;(27-2) Present for the applictilnt i!;iMr-.Les Smith. ~ :1 .." ".. -' , Mr. Willet asksc if a shell f'ish inventory has'been done yet. Mr. Pf!r rY:$ays tl]eMlllrine:>p,eP.:trtm.,,1r t''',Ve ~f!en.~u~ there and foundshellflsh and. Eel Sfass',on both>sides bU1:.,he doesn't have anything yet in writing. i-I Mr., 5",.i th sC1y..ttlet;Jr~vious rftPort,. frolnttae,}~a-;~nf! Oepart'ment indicated',theY~ia"'twcanta,fi>ced piti!r;tl':lJlt ind1"d the, a~terntBt ive locat.ioT1 Jb.eyshowep4i!ar!ierhqwever, they i nd i c:cat ea f I oati,ngpl..!tr:..ane:hored on 'shor.eaoo r.mcwed annually by Octobttr 15 would be more acceptable. The f.1oating dock was, pr.",.""ted at the last hearing. In a;d,diticm, there were ,$9mediscussion about, rec:reational interest and he has a few points on that. Shows a nautical chart of the harbor .howing the location 'of' the old dock which eKtend 30-4() , f'tor lo,w water. The ruins still are preSie'tat there. Alsoiqn Shimmo Point is a rock field. Both of these are obstacles to navigation. I Mr. Perry notesth,,'t Mi-. Fronzuto has said the posts for this dock had been cut off almost level with the bo~tom so someone had made an at empt to get them out of the way. Mr. Smith says in erms of impacts on recreational interests there isn't I]at much opportunity to utilize tha~ area between the existing floats and the shorel i nee Again, i the floats would be pu 'led out seasonally. In terms of wetland scenic views~ hows an aerial photograph of Ducksh~lm dock from 1926 which is much longer than what they are proposing. Ms. McColl asks when that former pier was removed. Or. Ounwiddienot~s the pier was there in 1933 but no ' longer there by,the lalte 30's. Suggests the '38 hurrican. may have taken it off. . Mr. Willet notes we do not have a report from SHAB. ~"'J".",,,....~<~Il~,.,,,,,,,.,,,,,.w,._.-..; -_.+.~..,l._7"""~'"~\''''' .~~"l._ ,;....,J..._, '....-. ...... >OF' .... ..'~ ,~_,..l ......_. ;_~,~.', - '""~w _ <r --. ~~; - ----, Meeting Minutes for November 7, 1991 Page 5 Mrs j)!a....Coombsspeaksonher own behalf, f"lo..t in any offi.cial.. capaFity~ She has spent 10 years on th~t water where the pier is proposed and know.s depths ,oifthesandbars. Reviews the plan and points out the sandbar and a flow of water and .pointsoutthat, the pi 1 1'igs of a. pier would create a impingemetlt for Eel Grass and debris toc;ofileup against and starttobui ld.. up. She adds that you can sca'1lopalmost right up to the shore in this area. Vou have, a flood of water- that goes a.,r-ound this point and goes do~nhere through a littlechann.l~ ,AroundPimney's Point i~getsvery thick with deadEet ~rass, notsc:alloping EelGrass b....t.suffocating Eel Grass.lt;n~eds this floHing action tOkl!~P, this clear. It is very Shall,... in here and it is an ex.tr...,efy rich $calloPl:leda,:""rich ~eed bed. A pier wi 11 start to impede . >'thefl~"'ofthe ...ater ilndw i 11 sha 11 ow th i s uptq 'an ex tent that.will.j"f'fe~t,;,~he rest ,of this area. This shore action is very. impor~~iJr:.tcifikeep this area viable. - Mr.. Smith polnts there are no piles from the ihtertidal zone out in this proposal. Mr. Perry'says the new propos~1 will have an even greater effect on th! current. than the pilings. The floats, if not resting on the bottom, will be'/close to resting on the bottom the majority of the day. Mrs. Coombs says it does not matter what season it is, the build up of sand, flotsam, jetsam from the upper harbor will occur and an area like this where you have sandbars and then trenches and then sandbars again, it's inevitable that it builds up and whether you put something down that's floating or stantions in the water the stuff starts to build up behind it and to shallow out an area that shouldn't have this happen. When Mr. Karp was interested in putting out-a pier of pimney's Poiht .we did a very serious study on this same thing and so did he and he came to the conclusion that he was not going to imprOve the shoreline or the scallop area by putting a pier there and he withdrew his pier application and did not go forward because of this same thing. When the wind comes on a northeaster it brings the stuff with it and .this happens at any time of year, not just winter, because the scallops are growing at any time of year. Mr. Smith says usually we get Northeaster's in the spring or fall and during that period that floating portion will be pulled o....t of the :water ~ Agrees that it will be sitting on - the bottom during low tide. Mrs. Coombs says when they are sitting on the bottom they are crushing what 'is below them, they're casting unusual shadows and they are catching what we're talking about, the' t.. M' ~,' "',',~, "~m"'" . ~J 'I f ..,..-,4,.__", _"" ,'.....,,~~ . . ,,~,.......... ~ ~ r " Meeting Minutes for November 7, 1991 Page 6 flqtsamtpat comes down tha,t, way. Four months of' the year they an! out th.,rethey~ansti 11 start to, create abed and thtty rai$e~tan8sit on it more and it iSn't a good place as far as shellfiSh are ~oncern.d to have a pier. Mr. Smith asks if any ,knows ther-e was,~ documented problem with the pier that was there in the 1920's., Mrs. CQomb~ says she doesno>t bel i,eve ,thCit in 1920 there was not as heavy a. load Din sc:al),oping, thertt w~snpt the heavy load Df pollutlon a,qdpeople were not awar:~ cd' what the environmental im~ac;:t,~as;ofhaving piers. ~~gJ')t now we are spending a gt;"eat, deal of mOhey creating a viabl.tfproduct in raising sc.,llopsand keepin~the harbor a...or-k~n';.and livable place for $hellf~sh of all types but particyl~r:IX.C:allops and it has to be considere~. .,Wh4i!nyou' re taf~i~'b,out natural things, w,,!at happene(jin 1920 O,r 191~0r:J,Q9i3 is not pertinent. When the piers went they didn't replace them and kept them to a minimum. o Mr. Kelliher moves we continue for a report from the Town Biologist and SHAB. Mr. Wilson asks if we have any figures on the tidal flow of the current across that area. Mr. Kelliher says that would come from the Town Biologist. \ MOTION: To c;o,ntinue I'the, hearing foy- additional informatio.n is made "n4 seconded. } UNi;\NIMOUS , 7. Robi Blumenstein - Squa",Road - SE48:-673 -(21-120) Pres,ent for the a,PP I iean is Mr. Shugrue who presents revised plans of the wetland line. Mr. Shugrue submits a pl,n showing the revised boundary. MOTION: To close t~e hearing and draft an order is made and seconded. UNANIMOUS * 8. Ted Godfrey - 325 Polpis Road - SE48-674 ~ <25-40) Discussion of this appl~cation is deferred until compliance with file #SE48-415 is resolved. * 9. Wiley - 39 Baxter Road - (49-10 8. 49.2.3-4) ,;,""t.~~~~,,,.,;"/:j,1i;~;1;iil',.';.''; ;. ::"','i,';",,~t~;,:,1.? , , .~ ""?'i$J:l~~'.'Il:~"i~"":>;~<"'" 'i,;~f'P'i-'-~1"""" ~..IR ~ ('f$:;.4: _:':.' :-C:---'C'---:-:"'-;':'~-\-:"::T<);",r:r'l - ,~_:'_'-~'-;:-:::,..-::-~;:-:-:~;;gf;t;;:;~&;~~.;;m:~";~~~jS'i;,::r1-: , . Meeting Minutes for November 7, 1991 Page 7 Mr. Perry says this needs to be continued for Appendix A. MOTION: To ec:mtinue at the applic.nt'5 request is lIlade.and seconded. UNANIMOUS * 10. Geyer ~ 11 Woodbury L,.ane ... (41-550) Present for the applicant is M,r. Glen Wi U,5 and Attorney Rachael Hobart. Mr. Perry notes that Dr. Dunwiddie's naIDe is on the plan. Dr. Dunwiddie says he never saw his name actually on a plan before. Mr. Wilson_asks are you indeed the same Peter Dunwiddie whose name appears on the plan? Dr. Dunwidfdie~ay,s he was in the field and he'll have to take Mr. Wills word for it that_the line is what they agreed on. Mr. Willet says the only thing they had some questions with was some pfoposed plantings. Mr. Wills says the whole dwelling will be outside of the 50' buffer zone. Says they will put in a limit of work fence at the 25' li"e frQIno the eEhje of the wfi!tland if tne commission would like although the wetland 1s at a higher elevation than the lot jtself. Th$y have requested a waiver from the 25' undisturbed buffer as they would like to plant it with wetland or wetland t:p\Jffer species that the commission feels suitable for the site. They feel it is now a disturbed area that has been mowed over into a field that really has nothing characteristic of a wetland vfi!gfi!ta.tion which is adjacent at the qther end. Attorney Hobart says if he can't maintain a lawn he would like to plant' it: up and give himself some protection and_ privacy. Adds they would like a list of recommendations from the commission. . Mr. Perry suggfi!sts they come back. with a planting plan at the next meeting, or, if they disturb the buffer zone they- come back with a planting plan. Mr. Perry says we can suggest at this ;hearing and would rather h~ve him come back with a p~anting plan. , .1, 11' .r._ "If!~","T .{ ~ .1' ~ .... . ~ , )..~~--~..-,---,-~~-....-...-._-------~-- -----<iw- I:'!':'~:'" J:?~/,,':''-''';::;:!?: :;:;;:'.~m~i%'''''t:_?~''~~G~N~!{''i~~":~~~)?il1i:;::,,,_~~~:;~,~,,^,,:?~,,,\c:,. .,' , "->,'-~_~'~1.~~,"~R'-,%:'j~':'.;i;-',.''':','."';';. "fti'=:lI':-.. :If<fl'i!'.l-~"';t>;'::::Q'''''''~JIffli Y,,'Y:',jh."'~"~ '"''_'-.''''~<'''_..''''' .. '-,_,;<0",_. " .~ M.eting Minutes for November 7, 1991 Page 8 Attorney Hobart says her only concern is with the timing. He is in the e.~+ystages of designing his house and is not sure they. have~:9otteh to a landscape plan. . Mr. perry,.ayS'heTII include it in the order of conditions that ,before they dig it up they submit a planting plan. Mr. Wi Ils!i1l9geststhat , it be mowed once first and leave the existing gtfdUnd'c:over toat"is there and pl'&nteach plant s.PClra~ely.<Alsosays once it's finalized they will p,-,t t0gether '4 rlwf slon on the plan.. MOTION: To eontiTluefor a file number is made and sec:ond'ed~-": " UNANI MOl.JS * 11. Beineck. Crooked Lane SE48-675 (41-203) ~. r , .:,::, ~ :'.;::;_t:i:_;~:-~,'t.. ': * le. Anders.on Croo:keCJ Lane SE48-676 - (41-203.1) * 13. . ,~~;~~.cke - Crooked Lane ;;.. SE48-677 (41-203.2) ,;.: Pr,4I!sent' for the applicant is Mr. Les Smith and Attorney Marianne Hanley. ..... Mr~ Willet says we've seen these proposals before, asks what changes there .are. Mr.. Perry suggests the three proposals be discussed at the: same' time. Says there is an overlay. Mr.. Smith suggests looking at the wetland first and the footpri..n1:$ next. Shows" the old wetland line and points the new litle'is moreconser-vative. Dr. DLI,rlwiddie asks what that wetland is like. Mr. Smith says a wet meadow. 1 L. Mr. Perry says it's fairly~flat. """"':~""..)'Ilf' ,,!I!\,..,,~.~, ,~ ,., --, . ., -4. ~ _",~.",,,, ,_. -c ...,.~ =.' .,'" V'~_'~"''- ~ ...._.-..~~"ll''"':""-. ..._ ,-'''' \ y.c'..:uJ'I-....,......... "i\'I/,Il:ti<;ll1 I fl r Ire! 1l:~,'>~..jJl.lI~" ill 1 m~\tI;fjir:~,-~ ;' ?' ,,~,-"~~~ <fJ;,~~".,,~.;ki.~-;;:i~~0'f~;t0.;;.:~Z~~:;.;*':{X:.~i':~'.?;",~;':':i,:'4~' Meeting Minutes for November 7, 1991 Page 9 Mr. Willet asks if he has considered moving two of the buildings closer to the road. Mr. Smith says they wanted to talk to us first; it is awfully constrained in terms of placing the pump chamber. Mr~ Perry suggests a more imaginative design with the envelopes might help. Also, driveway could be placed along the side of the house rather than in front. , Dr.. Dunwfddie suggests th~ houses could 1:3_~' rot~ted and configured to something other than a box and might . increase separation from the wetland. Then you don't have three houses.lined up on the street. Mr. Wilson says plus, it's sort of interesting. If you ryotice the' houses on- the street are. "narrow on the front and they run to the back like an oldfarmhou$e ort that. side of the street. On the other side of thest,reet they seem to face the fitreet squarely. Sort of, getting into the HDC's purview but if we get any complaints from people it.'s that they aren't going to be able to see that wet meadow any more and these three, very long, flat t~ the street, houses. Ms. MCColl suggests they could be made smaller. Attorney Hanley says the footprints are fairly small, less than 1500 sq. ft. and the envelopes include decks. The zoning~n the area they could go up to 4000 sq. ft. Mr. Smith says they could do some rot~tion. Mr. Willet suggests Mr. Perry discus~ the project with Mr~ Cowen- to see what can be worked out.; Attorney Hanley asks what the commis' ion would accept as a minimum which they could bring before he 2BA. Mr. Willet suggests 15' would cut th setback roughly in half. I Mr. Perry says the other question isf the viability of the low pr-essure force main and bringing it down West Chester Strttet, do you bring it within the buffer. zone of any wetland. Discussion could be included within this noti,ce or you could file a separate determination~' It may not be a wetland issue but if you are going to put the pressure main under the road you want to make sure West Chester Street is in the right place. 1 Me. Wilson says you mean the street is in the right place. Iff 1I~ ...~'-_",.",.,-"",....,.....,,~"W',..."'>....ryr.,...,./"'.:",~"".,~:: ~., '~",..." ,'c......~.. " ....... " .... ~. -~'"~ .......:..~..~.",..~,....~.. .,.,..~......~~~...... .,~,'." ...I'I~" ".' -"""" ,,j,,... ' ._:;.'.. '"'"~..- " n ~..J!IIIII_ J, ~ ~ -y . ~:,;". 'i'<;;,>, ".,c. '.;~t;::/",,'i,<~> Meeting Minutes for November 7, 1991 Page 10 Mr. Perry says West. Chester Street, you know how these d.i rt roads wer'tmade -- they followed the path of least resistanc:e. Mr. Smith asks Mr. Perry to point out specifically his concern.. Ms. McColl says the pipe stops at Dukes Road at the top of thec;<h i 11. Th~y havle ,noty.~recei ved a state permit for the ex;t.ension. Hr. Perry says wasn't th.ere some question about the size of the pipe. Ms. McColl....ys YEtS, it ''''.1''ot. as big as thest.te usually likes. t(:)see., :;;J~'s,<l1l!~().~s~hey,und.rstClnd it .,private line andwil r- be m.. inta inectpri v4tl~~ly. ., Ms. Cheryl Creightopof the Nantuc:,ket Land Council asks iJf;oif~."'ere. is gqing to .b~~ny f.illfor any ofth~~Q-nstruction. l.Jiy"ntbe pro~imi>ty of"thisver-ylarge borderJ......~*.,land when ~ou" Ibok at the Nantucket Soil Survey it's 1 inked with the "ilJAr.,C)~kSWCl~P,;and it' spart .of.the' Hummock ,Pond Water Shed, since these thr-ee parcels are being submitted together, the c;umu~ative impacts have '1;0 be lookad at. A comparison. of tixistingand Rroposed contour 1 ine,s is important in this ca.." possibly looking at reconfiguring the pClr-cels or som,ehow merg i ng so that the buffer zones are met and zoning variances are lookeda't more closely. Also, sc.ling down the size of the building envelopes or repositioning them. She is ' not sure that building envelopes are appropriate to be proposed and reviewed, for sites like this where substantial varianc:es are being requested. In this case it would be important to look at the-exact locations of a more specific 'square footage for hqW'ses. It seems like this is a good opportunity for some more 'alternatives to be looked at. Also, the m~ddle lot ~s requiring not only. a waiver from the 50' setbacks but for a structure to be built within the 25' buffer zone and all of the literature on buffer zones and their importance, par;1:icularly with border.ing vegetated wetlands and flood storagt! capacities, wildlife habitat, a lot more needs to be looked at. Presents a letter for the file summarizing her opinion. Hr. Smith says. he. doesn't see the need for any filling. It's very fl'at out there. The existing houses out there are basically at grade. Mr. Willet asks where the excavated materials are going to be stored. ~ ........,... , . ',., -,' . ' -,:\1;14~'~~:'::4.,~;o':~'}~~;~q.,~l1ff!t~"'~'b!r~~b;:;i~~,;>/,; '.' ~_;;;'~J'J.i;;;',;iNtk.iI~jr-%:;:~~"-;;,,*~..J:x::/it~{:,"-,_ . . Meeting Minutes for November 7, 1991 Page 11 t1~~ ,t;r.ightop sc)ys a I so the dr i veways a!ren' t $hown and what type of material'isto be used. Mr.~miths.y,they will go away and look at .the recommended changes. Mr .Wi llet says and Mr.. Perry can talk to Mr. Cowen. MOTION: To continue for. additional i~formation is mad. and se~onded. UNANIMOUS . * 14. McMaster - 26 Western Avenue - (87-77) Present for the applic;:ant is J;lr. Robert ~~ck. Mr. Emack says this is a proposed garage apartment approximat~ly 760 sqL,\are feet on Western Avenue: and School Street. It's located about 20 I fr()m the top of, a...c:oastal bank and the septic system as has already been di..cussed is in the ground l.lnder a previous order which has no certificate ofcompliar,u:e as yet. It..was put in complianc", however, but itha9notye~ been revegetated.Replanting was cQntempltl,~efl for this fall but in ac.cordance with SCS standards they deciQed to wait until spring. Mr. Perry notes the septic was installed in so they've had more than a year to complete the just one growing season. .July of 1990 plantings not I Mr. Emack says that's true so it's negligence/he would guess. Ms. McColl asks. if they plan to revegetatfe. issued Mr. Wi llet says he would like to see a cart i , before discussing anything additional. Mr. Emack says yes and suggests it could be. 'de part of this order as an additional condition. A connec lion will be required for the garage apartment. The notice s ys this is a coastal bank but is not significant to the interests of storm damage prevention or flood cpptrol and that being a given, they haven't requested any waivers. The reasonther're saying it's not significant is because the bank is about 600' from the velocity ~one as mapped on th~ FIRM maps. The v zone as it is mapped closely corresponds with thf frontal dune. It's 18' on the dune. Between the V zone and the bank there are e c ~ones and a V zone in between. They feel the location of t~e bank doesn't allow it to be eroded by wave action and therefore it doesn't provide any sediment to the -.rr,~..n ""._ ,!"!IIrf. . :0 ':~,"::,:~'';I~'~8e:'Il:;~fM~[;$<~:B.~~~,i~;;;::'i):"Z~'iFt.;;:~;',-,:<-;~: Meeting Minutes for November 7, 1991 Page 12 beach and it's pot bordered by the 100 year flood zone and doesn ',t provlde"a\vertical buffer to the 100 yi!ar flood event. Mr: Petry'asks if it sounds familiar. Says W'erequireda waiver request for the adjoining lot. Mr. Emac:k s.ays what we're asking is to determi~e that the bankwils not r~allYSigni.'fic:ant. fivlt,pr six years ago when we iriitiall'y submitted for' "the Md1ilsters up the street (not on this lot) it was determirMed th.t the bank was not significant. He's not sure, that determination has been made on this site but that was certainly 'a consideration in proposing the pr-oJect. to Mr. Per~ysaY!3therewas considerable discussion On the previQustequeslWhichcame i nin 19S5. Also, everyone's outlook has chartged since then. ,"'!,.'< Mr. Willet says we.iu?tdetfirmined that the bank was significantnext,do(),rilnd....eq\Jested a waiver and he thinks that maybe you should do the same. ;:' i < Ms. McCollsaysthei.jj~..Ptic:,,$ystem is alreadY in. In my op'inion if you had to 'CG~,befhret,Js I would be inclined .to deny it. I think we'have,saidthat the bank is significant. We said that two weeks ago. Doesn't think we can'say a bank is significant on one side of the street and not on the other side of the street. And what the commission did 6 or7 years agO~t1fngs cha~ge. Mrj'. Hussey says can't we wai t for the replanting to be done. I Mr. Willet says that's what he was suggesting but he can submit that if he wants.. Emack says he would be happy to come in with an as built howing it was placed as delligned if: we grant a partial certi fcate of compliance for the septic system itself grant]",g the fact it has not been reveget~ted. M . Wille~ says why don't we do that, get an as built. Mr. Kelliher suggests to add the revegetation to the new or'der . ' Mr. McColl says and the W.aiveT for the building. Mr. Emac1< says '. they have be.nto the ZBA and have front yard setbacks on Western Avenue and on School and the side yard which left barely nothing. TO'make a long story short -, "l;"~~~~6~~~kU~~~.\\\1i:*iii;k~;J:.:~"" ' . . :'! f..~r ~n 1 ~. 1 If '[ i1Wt ./~'lIIi 11< ~ J 1lf'~':!i/.'",; '^""',' ..',',' ", '.' :;..:.'('..~..', :';.,',;' ,:c.'.';,.. ::..:.,.:."".:,'!i;\",:',c;~~ ,;...C:~,;i,~~~'7 l ~'~'~;;.,; Meeting Minutes for November 7, 1991 Page 13 they got a reduction on, School Street and here but did not grant one on Western Ave. Mr. Perry says i't all depends on how it was represented. Did you r-epresent i~ as a c:oastal bank. Mr. Emacksays he didn't represent them ,at the ZBA and the decis~ondoesn't address the Western Avenue issue. Mr. Kelliher says in relation to the house next door, how do the fronts line up. Hr. Emack'says it is set back a fairly good distance but he will check the distances. Mr. Perr-y asks why he is grading so much ifit is a garage. t;:: Hr,. Emack saysi.t's about 2' of 1'illtlJ get drainage away from the garage floor. He will ~ry to reduce it a little bit. Mr. Perry asks where he is going t.oput the well. Mr. Emack says t'he well is already in. Mr. Perry says you are going to have to move it. Mr. Emacksays he doesn't think so. Title V dictates the placement of septic systems, not to placement of wells. So there's no requirement that you place your well further than 100' from a leach pit, although it's certainly advisable. Mr. Perry says locally there's a requirement. Hr. Emack says yes but this well was put in before that regulation. As far as he' knows the local regulation imitates Title V up to 1990. Mr. Perry says he will check that. Mr. Kelliher says he had one installed in 1977, was a subm~rgible well also, and it was 100' then. Mr. Emack says this was designed for 100' as well. As he thinks you all are aware. there's the existence of a leach pit out there thatwasn' t permi ttedandno one knew.' about it,. That ,was put in within 100' of a lot of existing wells. It was done a while ago. Hr. Perry says his po i nt is you're sUPPQsed to get a sign-off from the Health Depa~tment for your septic. We know :.. , IllJlI II ,p._~.~.."",,,.,,,,,,~., . ....,,,,,1. , ,!I"'t ..-~-~ ~ -",~ ~, ~. ,'~ ~J..~"~~,A ,,~.r ." .'~~ ~~"-"""" ..J.-.,.. ~.~..,......",. . ,__-.-J'IfI.,., . 11 _L III .~. '''Ml!eting Minutes for November 7, 1991 Page 14 , "", the situation th&re but just ground water,. private water supply protection which is one of our interests, how can we say yes gQ ahe,ad;"apdl.l..-e that well. We know it's too close but go right ahe~diU"tduse it. I'd thin.k you'd want to propose to put tnewell someplace. Ms. McColl 5~VS $he would like to see th" waiver. Dr.. Dunwiddie says he wOl"lld like to see the, septic system taken .out. Mr. Emack'aYS the 5eptic system was in!ittall~d under a valid permit. Mr,. Willet say,s 1:hat ,was just one of Pet,er's little jOkes, maybe. MO~10N: To cop~~n~. for.ct~M:i~nillinfprmation and a ':file number is "~deandllecQnded. ~ UNANIMOUS c. ~_M'~TING 1. REQUEST FOR DETEAt1XNATION * a. Sherman - Squa", Road - (21-120) PreSel'ltfor the applicant h~ Jot1n.Shugrue.. , ' , Mr.p~rry says tht.is. filing 'for an after ttt. 'fact brush cut'J:ing that we !iI..w at Blumenstein's field inspection. He is. looking for. a r:ec:...memcJation. It was within the buffer zone but ,did .not alt.rthewetland. We could write in the new" pwne has tomain,..J.tla~ least 25' to the Witt land and let theexpl' atory trips'+~" 1:h~ ditch regrow unless the commissio, wanted to do som~thing monetarily. Mr. elliher makes a motion to that effect which is not seconded i ' Ms. +CCOl1SUggests finiryg him. Comm~ssioners disc4sS fining. Dr. Dunwiddie says heh.at.es to argL,leon the side of the br\Jshcl"ltter but. hi..' recollect fon ...,.tjl~that;~hex,we:ren' t ~~~~;:l~;I~~~~i:~.hiS sense is that,'!te ough~ topic::k and Mr. Perry S4YS i't ....asprimar~ly i~n the buffer zone, on the other hand he did jpeak to bdth Mr. Sherman and the >.".~"'-_.''''':~'----'-'~---'''''' "'-'""..W"'I!'IIIIf"':' .~ r'~ P'III~.,'~~ -,-.. .. ;>A'J:*~G(ti:$.r;,.\;;:~'J;:ri;,,'](~~:U;j:";:QZ.(?oi;;'\:':~'Jf~~(.;i,:#<o;;.",\ ' " ,"W!":"';'llill ,[lI)Jn~")f;,;;;,r~,~~T ,lf1l/lllig:;5',1 ,~<j,'":" ,", _', I" " ~,.;!~:j;'":h..~4;~~~~~~~t~~~~'i"~:i;til~;;''''~~+'--_'~ Meeting Minutes for November 7, 1991 Page 15 pe~sort who did. theb,ru!iDcutti1'1Q the beginning of the summer 5cly'ing befor.they t3rlJ~"c~t' they should fi Ie a determination so they were forewarned. ' Dr. Dunwiddie says that's a different story. Mr. Shugrue says Mr. Sherman instrlJ,cted the brushcutter to file before he went in there. Ms. McColl asks if we have anything in writing. Mr. Perry says only telephone notes; no letter was sent. Mr.. Kellih.rmal<esa motion to issue a determination .subject to but wi 11, not alter any more.. Adds I/!IIEt have no ~' ....., ,', . :." ,"",'). .... .'.. '; ,": ".. ." .'. ..: . '( .' .::~ . .,. .' , pt'oof whotne brushcutter was and no documentation. -- Mr. Perry says Mr. Sherman told him who he hired to do the brushcutting. Dr. Dunwiddie says we could do a token fine. Mr. Perry SilYS ...~could either f&sue" the determination and the fine or.r-equir. a notice of intent. He doesn't think it is notice level filing.. I I Dr. Dunwiddie says we need to establish a policy on b!"ushcutting. Mr. WilH!t says we've already tried that 4nd it always comes down to a case by case. Mr. Perry says the commission policy is you request before you do it; that's as close as we get to policy. Dr. Dunwiddie says the owner has said he'll let it,grow back and won't do it any more? Mr. Perry s~xs that,will be in Blumenstein's order if he buys the proper~y. Dr. pUnwidd~e asks Mr. Kelliher wh.at his motion is. Mr. Willet responds: Toissl,Je a subject to but will not alter any more. ' ,~ Dr. Dunwiddie says ,that's not really true, he did alter. Can't we check somethi~g else? I do want to go home tonight. Mr. Willet ~sks if that is a second. Dr. Dunwiddie says yes, that is a second. t "-"J;';..:;,;;,,;~:m~~~"{~;~-.i?\,';::;:':'i1?21~-,~~7 ;;C:.'~ . ."' ,.' .: ',...<,,',-:-< t1~e~,~pg Minut~s for Npvember 7, 1991 Page 16 MOTION: To issue a subject to but will not alter any more is m.~e and seconded. Ves: 3 No: 2 Mr. Wils0f'1$aY5WEtn~ed~0 w(.)rkonthe brU$heutting regl.J1ationsand pUbllsh them'and send them to anybody that's in the business. * b. Town of~~ntucket - Seschacha Pond Mr.. Per-rya~k5Jfweh~ve the abutter notices. Ms. Mceo ll'\~!i.ys'+we de) b9t they are on her desk. ;' ',: ~~,.i.' > L':.,: "',',' ",: :':;':' '<' 'r.o,: ,', '. .:"-~:;~!)'!J. ':, ; MQTIO.....:..i"fp(:cmt iou't for abutter notification is made . and" seconded.; .' UNANIMOUS . ,. .'.'. "," L e.. .....~ QF' ~JTI~, (fUll1;~x1; of Order'ii in file) 'I "';['1';" -'?(';j'.>';":;,:'4' ':"; " J 1 a. Hawkes - Esther Island - SE48-669 - ($6.2.3-97) Present for the applicant is Marianne Hanley. Mr. Perry says he did see one discrepancy in the final plans. The septic;: ct~;;lgnshow52 bedrooms but shows 110 gal. per day. Believes itisa clerical engineering error. Ms. Hanley says she will mention it to :Jeff Blackwell. I I MOTION: To accept the order as drafted is made and seconded. UNANIMOUS ADDITIONAL SPECIAL-CONDITIONS J"Ir.. 3'a....".. HaWkes DEP FI~ENUM8ER SE48 - 669 ASSESSOR. S .'., MAP'$6~2.. 3, > 'PARCEL '97 ,...,. ." E!$1:.,erI!IS:.~nd. " lJNDER'THE..~TTS...WE'f1..ANDS PR()TECTION ACT .( ttGLiCHAPTER 13~.iJ "..CTION 40 ) AND . THE WETLANDS" BYLAW .017."'1",'. TOWN OF NAN,TUCKET ii.",(. CHAPT&ti~'>i.') ',', ., ~ " 17 I Ii 1 WAIVERS UNDER' THE NANTUCKET WETLANQf;ieYLAW: . . ',," , The Nantucket Conservation Commissi~n hereby grants the applicant the fo llow i ng ., wa i ver- : ""';:V't?P',1-ib!~Jt':'~j';';;(!;~~~~;~';,~~~- ~,.,.", -/;-;:.:;;.,~.s,.l,,:;~Z~~\j$~t'i'~~ Addi~ional Special Condi~ions page 17 1. A .."""iver fro...S~c:tioY),a.04 (B) (3) of the Wetlands P~ot.(:t ~on'~9ul~t i.on~of the To..,n of Nantucket, under th~W,~,~aJ;'\C.I~BY1.w .(Chapter 136). This section requires ~h.at""lCl',,@:~!j.c ,S,ys,1;eft\ orbui'lding be constructed on a b.:rri.rb..~;hol the. !regl.,.llation allows the repair and mai.nten.nc;~igf. exis,t.ing str-uctures. This waiver would ap.ply tClthilreloc;ation of.both the existing dwelling and thein-9r,914nd~eptic syS,~em. The Commi!ii!iiiQt'Ti~~().~i.~e, the E!xtraordinary nature of. the request is, due tq>tt1'Cla",a.don~....the "ugU$t 1991 hurricane known as "~ob"5,UchWalv~rs"~()\Jl.;@~~~Clt 1 ~kelybe'allowed under normal circumstanc..,. ..T~",~,,",j:s.sion n~tes that the hQuseis an l.w-r;ully e~:ii.tiqg'~~!\Jqtynf!,anddue.to the constrain.ts the wetland$~l~(t. on ;:1;.~'.iR~~,pert'Y' therehcas.been a.c learand convincin,,~~o~ing:~!;t"'.ap:plicant that there ar.,ooreasonable Conditi9nSiOrral~e'iT~'i!,V~!ii that ,.,QuldalloN the project to proc:eed i.ql:clf~~!:,.~~~"W~~",!the rfl!gutations. ,The,p"Cifposed septic system .,"epl~~~t;;~~Et?~~!ie relocation wi 11, as condi tioned above, ha..,.e'Aoaclv..~.je,"~'fect upon any of the inteT1'e.ts protected by the BYJaw..nd. willre!)jult in an improvemen.tover the existing. To deny t.h.!'~'~'~.~'~~'$'tiwould restrict the use of the property so as to'~0!~_"'t.;alJ'~);9Q'9~1r,~tute a taking without compensation. Therefore ",t~,s. wtTd~ersal"e granted under the authority of Sections 1.0$<F)(.1)a.nd 1.03(F)(2)(a), (b) and (c) of the Wetlands Protec:tion,REtgula.tions.. b. LedgewQod - 355 Madaket Rd - SE48-670 (60-130 8c 134) Preseflt. are the aPPli.cant Mr. Lawrence Pfaff and Mr. .John Shugrue, Engiri.er. Mr. Willet asks for comments. I I ) Mr. Shugrue says we don't like it. Adds Mr. Pfaff has some thing,s he would like to say. Mr. Pfaff says last time they asked for a 12' extension not realizing ygu had concerns over the interior of the house and more to convince you of _the need for an extension. They have changed thei,: thInking and now propose instead of 12' extensio.n on the front which would have gone into the setback about 18" on the front right hand corner (the northeasterly ,side) a 6' .extension on the back right hand side. The order states...th.e builc;lingis run down and not habitable and this will show th~y wa.nt to do something to make it habitable. Thiswill~allow them to make the kitchen a proper size and the bathroom a living size. Other points in the draft denial with regard to a coastal dune belngsignificant to storm damage: this new proposaltney will be adding to the far side of the house away from the dune. The point that no activity will be permitted other than to repair and maintain the existing struc:ture: that merely confirms his thought 1 ....~._,.~. "_. ~ . -. _. .... r . ::.'..;;ii,;J<1l.1'''dik}';iY~~\~~s,~I*1!:~d&~Hl*~W\>:Jt,,:!.::c<~/~';j:~~.:,;4,~(;~r,t~~~:}~\:~?;<:~~'l'i,:<1i~: ~i~<:',';"o.'- ':- ,~,'Jj$l,l;;~~:~'2~),~:hj}i::M~{i~{{l{?t[,i;j~~~;f~:;,;;!,~~~i,;;t#~kj,~:::.,. ..~c,;;. . '.~~ :~' --: ",:,f". . ..-!.~,:;::.~y.:; ,.";;":'-'? Addi tional Special Conc:li tions page 18 that they could repair the house as it stands where it is, thELway it is. Having that I icense to do that all they are asking 'is to do that 'a little bit more 6'onthe far side aWay~rom the 'dune. ,.,ThiS has all been approved twice Cbuildingpermi:ts)' before without the restrictions that we seem to be -facing today... Where it says the commission may grant a waiver if it finds the proSect will improve the r,source -area: it" is his experience that erosion occurs due to vehicle and pede,strian traffic. There 'is no designation on where to access the beac:h like there is at Dionnis and they walk sl)(abreast and go upov.rthe dunes. The sunsetters e:ome down at ni<<;Jh't and there's ),0 sf~n to say you can see the sunset from, the beach, by going' on 'the dune you might kill the beachgr-ass, like there is in Dionnistligain. So as a result the dunes around there are gone. His dune, however, is. protecsted 'by the'>fence andthe<~(),use..l t 'sthe healthiest dune in to!loln..~'T:he rest of the drder~~~ks'about wild I i feand,vegetati~"'Fand hedoe~n,' t ~hil'lk ". that is really a factor as the ar"ea we' re,.tal king' abDu~ 'i~'a~ay: fro,!,t.,e dune. A minimum amountofvegetatione)(ist$.'; He'would be happy to answ,er any quest ionsf that aren. t, covered i.n.n effort to convince th.c~m,mission that what, they're asking for is not so much a conser-vationconcerm but more practical turning something that's'authori2ed into some~hingthat's bett~rif it were perlVlittedto be done right.' Dr. Dunwiddie asks for a comment regarding the septic systems. Mr. Pfaff says 'the septic system came about because the other cottage that,'onthat. same piece of l.nd had a backup and was determined. hat it too had been built about 50-60 years ago and appar~ntly wasn't a very well struc~ured system. The new s~~tem they put in was for the both cottages. Dr. Dunwiddie it was never filed for, it was a was there. It was done this 3une. Mr. Shugrue replacement for ~ks why didn't you file. Mr. Shugrue sa s according to Mr. Visco 1'1' you are, replacing you don' have to file. Mr. Perry says; that's when you'r-e replacing in 'the same area and the same'bype. He"snot saying what's there is not an improvement over 2- 55 9a1londrums butttlat reguHltion talks only about"th.>leachf.ci~ities.. If'i!'',,,.e-ts Title V then you need.to ~et thepresWfftption of 'tne act. But :it doesn't talk to the 'construction o>f'the pro.fect. It hJ well within 100' of a dune and should have had a de~ermina~ion. ~~';"~'-!';t'("'rl"f"'",~",,"--r,"''I'' ~'IIr." ~~~~ ,,,!'"r,,, C"'"' ~" " .,~.~l"~~-!tt""~~" '_"'~",~.'__ c~'." ___."" ....~ ,- ~ .._ _ ,_~ ..4 -.v~",.~~..~r-.."""'~,"'~ . ~. .,r t I, ,_",' :~:;:t~;;~':)\';>t:'::;~'fif~':,,',';.,~" '" - 'j':':V~-i;:+;:,\', ,':> ~~;.-;;'~~'" I'~~~'t 1Il'li!IIl1~liJI'f"'"(1\lii""";,,, .. ,', ..'.,,",',.;... ,;:,:;;"..\-" ;" ",,;:;C.}\;;~ii!''''~Wi5',"'lliW'~k' " Additional Special Conditions page 19 Dr.. Dunwiddie says yov've gQt 60,000 sq. ft. here where you could have put the septic system in. Mr. ShugruE! says he did. Mr. Pfaff says it' ,s qu i te a di stance from the house. Mr. lSou9rue ShQws...,here the .5;5'g..1. drulps had been; then they camedownand'wQr~ede...,eryth~r'ClJ .~y f'romyo4r dune in the area on the other side of his property I i'ne. Says yes, he 5hould h.ve pr9bably filed a det.rmina~ion after the fact but they also had tenants in there at the time. Mr. Perry says if it had been an e~ergency yq~ could have got a statement from the Health Department and received certification in a day or two. , .>,'1' Mr. Shugrue says it would have taken longer tO,ask them for an emergency than, to come in,.nd 1'i Je b",~.;tt",e time we wanted to do it rapidly and right and put a 5yst,f!~in that's " > a lot better than what you had there. Mr. Perry says that goes back to the age of those filings. Mr. Shugrue says one was only 4 years ago, in 1987. Mr. Perry says and in that time it expired with no work being done. Mr. Willet asks for othe4 comments on the order. Mr. Perry says to reiter,te, yes, you can repair and reshingle the existing structure in its present location but it's already pa~ked in the I nee The dunes are moving landward from the wind, prim rily, and they are up against the house and will soon be u against the addition whether it's five years from now or 0 years from now. Mr. Kelliher says he haino problems with this proposal. Mr. Willet asks for a m1tion on the draft order. Dr. Dunwiddie says he ha,s a question: even if we grant this don't you need. a waiver? Mr. Shugrue says a waiver from your local by-law for the addition? 1 Mr. Perry says in writing4 ._~" 00_ _" ~ ..-aj.)4,ll>o.~"~~~"'~?"\",,,c,.- '''''''-_~''P\'l.,.''' ,q.JI i\III!.1b. -...-J.."IJ. r:~\::\". ,- .:,):,:','Z~P4&;':f.l;~~.,.". ~. .'. r~ttlii~~-~~'~J~:!?~:i~.~2.&Wf~~!4',*;W"~~~~itH~,:,,:~1~U:o" l.,-~"': ..~ ,', .' ,\.,;:t"y;;~~"'t'4~,>,~<!:'.:);,~~".~;F;""4,,,,;;J~}i";.,,,,~"":t:f'~,~:,:,~.4i'!!:17.j-~"':!::"",,''';'';;'-'~l'i'''~...}O-<,~~, ,,,,;'-'." """"'''.''..''V-' '~.'.'"' ,:" ,~ . -,,~g,~~~\ tH,=;> Addi1:ional Special Condi1:ions page 20 Mr. Shugr'ue $ays he's been trying to negotiate with you how big anadd'itfdn so It II know how big a waiver to ask for. Mr. Perry says the hearing is closed so if the commission dec ides not to iss.uethe denial now _ then you have to reopen the hearing. las$ume they would anticipate approval of some sort of addition. Mr. Kell ih,er makes a mot ion to reconsider and not issue the denial that was not<seconded. Dr. DunwiddiE!says he think!i to do what you're asking us to do you need<iawa,l ver and the grounds for a wai ver say there 'snO"l=lr~c:tical al ternati ve and they are granted under unusual cirCumstances. Mr. Willet ~ays the commission suggested you move the buildi~gbacl<r' Dr.. DunwlCldieiay.;j you've got a hUge lot there, this $eems like a prime situation to get it out of the dune. Mr. rfaff asks, how. Dr. Dunwiddie says move it. Mr. Wilson says it seemed to him that moving it was the best option since itwas~o close to the dune, and it will get C: lOser to the.. dune' over time' and if you're go i ng to be doing work to it perhaps now is the. time to move it rather than later on. Dr. Dunwiddie says we have such problem$ with buildings and dunes. \ Mr. Wilson says witness the two houses in Wauwinet right now that have e~posed foundations and they are going to want to "leave them there but now is the time to move them. ,~ ~ Mr. Pfaff says economics come into play with everything. This is not the type of an edifice that you'd want to go to a great deal of e~pens~ to move. Since we have the right to fix it where it is obviously that's the right thing to do. r respect dunes as mucb as anyone. I've watched them get eroded and wasted and killed out there. There doesn't seem to be a great concern about the other dunes in the area and what puzzles me is toe right hand front corner of this house has a little sand blowing against it and that s,ems to be a big issue. Is it because we're here asking for'itdr bec:.ause it's in focus at the time. Voucould do a world of good by putting a path from the bike area out to the beach and directing the people where to go as opposed to doing what they're doing. Vou're wasting 8 dunes between where I ..... and '~~..,t,!U""i,"'~'!''':". ""'-""'....."'"'i.....!'t!Pr~........ ,,~, .".".-. ,....,,~l'l"t,~ '"""""1-",.""~~-~~":,<,,,~~.~...~~~~.'~~~-O;f'''',,!,,'7.,.........-:,1''~,''!(,,;,,,, ,"",:,:-'~"]"" ,,,;;r-,r = -:-<'- ,.''''''.''','' P..,..":'.,~j,-;w:,I,.,.._'..... .~. _..., .._ ~ _ .'. ~", ';:::'~~,rr:r~~'*~~:~,~mwr~'!i:'1:;~~iiZ;t;>':'~:>i\V:;:~;:'0;)t~;;::-'i~:.,;~<:;~,~;.,..c;jC,:":';;,~'>:;.;;::.;;';';i~~~t;~S';';;;'~~tiiW;~;it~i;ii~j~'~',~ Addi tional Special ConcU tions page 21 my view. "i-\nd here we are, tryingt() protect sand that's blowing'aCjJainstthe house.'It'seems to be out Of, proportion. Maybe that ',s not the right"way, to approach a request for a favor. , Wethc)'.J9ht.Wte h.-a Iftad~a concession, that we might be creat i nga b i'gger problEMt, 110' reduced it to six. Doesn't know what else to do. Mr. Willet says it has been mentioned if y?U moved it you could expand ita lot more.. Mr. Pfaff says heunth!rstancts that but that is a different project completely. . To t,ake that,hQl,.lse which you have already criticized andrecommended/it:b.'c:iamolished and try to salvage it and expand it into a pal~..~pl,1ldn.t measure in the econolft,ic mind!'". liv.~ ..i~h.'ltmy life. II( I were approaching tryIng to'builC1' a houseinfth'.'t~rea , I'd respect everything you're saying. Butitls a<~Jtuation that's theHayitisi. " f' >,. ~": Mr. Perry says the previous d~cisi()nw~s.based on the plan to add 12' and also a deck going' the length of the house. Ms. McColl asks would we have to reopen the hearing with the proposed change. Mr. Shugrue says to cut it down to six you can do that in your order because twelve was requested originally. To move it would have to reopen the hearing. Mr. Wille~ say we need to either act on the denial or reopen the herring. Mr. Wilsq'n asks is there a possibility that this building may have to e moved at some time in the future. Mr. Pfaf says not in his lifetime. Mr. 'Perr i says as the dune migrates landward to the house you · 11 be d i ~lng i t'annua 11 y or semi-annually. .- I Mr. Wils n says there will probably be a time when this building will probably have to be'moved. Mr. Ptaff says conceivably. Mr. Shugrue says theadCtition would tie on piers; the house is 10'1 td the ground.. Mr. Willet asks for a mot1.on. Mr. Kelliher says he moves we reconsider the denial of the order of conditions. ~:._..-...~...._....__._--..-_.._~--............- / ~ .-..~ t ,-'" Additional Special Conditions page 22 Mr.., Wi~let~$.l<$that you.want to accept the denial or do no~ want to. ac(:~pt <the denial. Mr. Kelliher-,says he does not want to accept. the denial. Mr. Wilson SaY5 he cannot accept not accepting the denial a~ it 5tand$,fo.r:th.ead~it~on ,as i,t 5tandsforthe size that we were talklnga.bout is u,nacceptable to me, the larger size. Mr. Pf:aff saysbut....e',re asking for six. Mr. .Wilson;f$~Y$ but :arcm' twe stuck in the other? , ',.<111"'. (~hugrue~aY$yo4can approve it for six feet because 'that.'.,le$s ttlan"What weor-~g-inally asked for. . - """~T". Kellih_r saYSithat's basi.c:allywtlat hismfi)<tion is,. ,to tUrn down the den,ialand to accept this new 6' addition plan., MOTION: To not,.ac:cept the denial and to accept the new plan is made and seconded. Yes: 3 (Kelliher, Wilson, Hussey) No: 2 (Dunwiddie,McColl) Chair elects to not vote t1r. Perry says are w.e.asking them to publish a notice of a new hearing in the new notice? Mr. Willet says yes. Mr. Perry says I guess they have some anticipation that a pr-oje,,~t wi II be approved. Mr. Kelliher says this would be a minor modification, a decrease in size. Mr. Perry says we've already ext.ended past the 21 days. thinks this is not a minor;podification. Vou'd have to wait two more weeks to issue an order. In that same time they can reopen the hearing and do it properly. Thinks just redrafting an order for an approval is not the proper way to go. Dr. Dunwiddie says they filed for 12'. Vou're talking abol.Jt ..110~irygi ~ on thissi-de, not movingi t. cwer~ there. I think 11," they filed for 12'Cilnd.w.e're talking abGut letting them have .6' right there, that's a minor modification. 1 don't tt:'ink they need to reopen for that. "'C ",.~<.,',,:<'~",i. ~i,:,;,:7;'''\:"',>j;. .."; , . 1 . ':;<,;~:~;"~~.~~~ifTit5,tl5~"";;*~h~--' ,:~~'~~;:.~c'?f~'::'::::j:?,;:,::~~;"'-'7;-G~~~'irI)"-' Addi~ional Special Condi~ions page 23 M.r. Perry saysw. T1C)t rec;.ived a plan showing.- that. Do you want...",~, to write ,the order requiring it. We need permissfonto continue the order for two weeks. Mr. Shugrue agrees to allow two more week$ to issue the Order of Conditions. M'r. Perry reJ terates that the applicant has not even requested a waiver yet. c. Bordes- 12 Oakland St- SE48-664 -(59.4-187-192, etc.) The hearing was not closed but continued ,for additional information. 3. CERTIFICATE. OF cot1Pt.IANce: " " '. '.' , " a. Godfr-ey __ 325 Polpis Road - SE48-415 - (25-40-' - Mr. Kelliher abstains from the discussion and the vote. I I Mr. GOdfrey provides a map and says they are proposing to do a nativ~~fflincljgleflO!Js . planting which woul_d cover 1456 sq. ft. . Has 'also added .i!l. ret..ln~ng wall to prevent runoff. The proposed pond is shown on the left and is "45' to the foundation whi.eh is the measurement from the existing wet area to the foundation of the house. The area under the deck which is shaded would be covered with 4" of tops_oil and 340 sq. ft. o.f tngl i~h Ivy which to lerate$ the semi-shaded condit,ions quite' well. Tt'lis would stabilize and prevent a run-off situation which could possibly o~cur. Lists the other plantings prop'osed for the shaded areas and the existing vegetation. Adds he had a meeting with his engineer who stated he didn't feel the variation in positioning of 15' due to the property line setback and the other circumstances which he has already described created the type of violation that he felt would warr-ant anything as severe as moving a house or tearing decks off of it. Mr. Willet says you expanded a deck, however. Mr. GOdfrey says yes, the deck is what makes the differ-ence in the wetland setback. Mr. Wi ll,et say.si you haVre made no modtf,ication on the dEtck, then, but you are proposing plantings, essentially. Mr. Godfrey .says that is what he would I ike to ,.propose, yes. Abstaining Commissioner Kelliher says heth~,n.ks; Mr. Godfrey is going to create a more beneficial, ecological environment there with his upc:oming pond proposal,as does - ~\ ....:.~...''''~."..J,J _. ~ ~ .., " M . -'...... ,......... " Addi tional Special Conditions page 24 Jim Lentowski of the. Conservation Foundation. He's locking himself ihto ncr'additions, no nothing, and is planting indigenous wetland species in the areas around the house. Mr-. Willet asks if part of your proposal n()t to expand in any way as well? Mr. Godfrey says he has no intention of expanding the house in any way, no. Mr. Willet says.or the garage turning into a sec:ond dwelling? Mr. Godfrey responds if either his or hiswi.,e's mother ever became incapacitated he would like to' think the possibility existed that..~e could dot.h~ttothe garage if it was necessary. He would prefer not to'!close that avenue, thertefore. Mr. ,.Ke 11 i her, says i t is high I Y un 1 i ke I y they~woul d change ':"tl-al!'gatageinto' a second dwelling with aOarage apartment for a."int:apacitated parent. . ..... >.,M.... ,Godfrey says theli.#lng portion could be"on the . gr:~h.triti floor i .,. it had 'to be. . Mr. Perry asks where are the accesses to the porch. Mrs. Godfrey asks if he!s proposing trey removi! the 0deC:k. Says there are two cement pi liars that ar-e ,b.tween the 'foUndation and the wet area. The cost to remove them would be about $3000. Mr. Kelliher says they were required to move the house bac:kbecause of the bike path. Mr. Perry states that the Town did not force them to move the structre they did id on their own. Mrs. Godfrey says after they bought the property they were informed the bikepath was 'going through. Dr.' Dunwiddie says he sympathizes with what is going on here but we would be applying a double standard: Killen had to pull his driveway out, .Flamm we just about did flips because they were a few feet closer to the wetland,. Sarvis wbuld be in cOUrt with its right now if he did 1/10th ,of what this is. The point is not if you~ould make it much better with plantings, the point is consistency. We could say yes, 'you can plant all this.. It will make it better. We're sorry about this misunderstanding that you moved it without permission and all but what'sgolriO to keep us from having "::jl!j''''.'''''':.1J:.~~.~.J.'~",,<,~,'~''?~.1;'~''''}~',...:''''!'jo''''~<,,:'~''''-:'''' .or,. ~e ;....... . .... _......,~,~.,..,...~<.,....-.!'..-,>....,. .,""._ P' . C" .""~."." "'!......... \'J'.;'~'~f::.1}}t;:.~F.;v:~"iJ~~i~;,:i~'::IV;~~~-'ii4f~\W(~f~~t/')~"l" Additional Special Conditions page 25 Bruce POQr anQBop, $arv'i~and another developer down the line doing Qxact;ly't".$atne thing to \.JS lil.ter. Mr. ,Godfr.i!Y .!iiay~, ~l1ere, have been .i tuations where much worse has happened and there hasn't bEten a substantial penalty involved. Dr. D"",,nwiddie say~, he cfoesn't know a,bOut it yet. Mr. Gqqfr;filty.saysis 11;- ,the posttion of the QQard that 15' in the. placement (;)f a h()use is not in substantial c;ompliance? Dr-.; Du~Wid~.~~",~ys it,' s ~he biggest move he thinks he has seen that ~asn't'perinitted. Mr.Wl11e~~.~.,..s ~ith Flamm we made the., taketMe deck off, add a cO.O.I!r:vil~,ion restr.ic:~ion on the pr-~p.rty. Mr-. Kelliher say~ d~n't forget they are creating a larger wetland.. Mrs. Godfrey says tha,t' s the grey area that we want. to expil"d ,,~hear.a;Jl1at.~ in question any~ay. Mr. Pe'rfy~aysYP~'r-e not really e'xpanding it,. it's alrea.,dYil wetJlland. You're just changing it to another type of. wetland. It's within the wetland boundary. I I Mr. Kf!lliher says Mr. Lentowski says it wC)uld be a definite improvement to the area with the open pond. Mrs. Godfr-ey says their engineer felt it was substantially in compliance to write his latter. And he also said when he put the footprint on the plan that it wasn't set in stone. He didn't felt like that had to be the exact positioning. Mr. Godfrey Says. he has a copy of the original plan with proposed appr-oximate lo~ation written right on it. Can't unders~and how a move of 15' from .an original position that said proposed approximate location isn't exactly that. Mr. Willet saYs if 'it was 1.5' further tjlway it probably wouldn't be that much but unfortunately you moved it toward the wetland. Mr. Godfrey says there was no other place to.have'moved it.. ~ Mr. Willet says then it could have been made s~aller or if you wanted it closer you should have come back to us. I'm sympathetic too. .~. .".,..... ',~., .~ ~" ..~."""".:c-~_., ,~.~._....""'" "".,.. '.~ ....~"""',"'..;-r:.,":'1....,,,.:1"". J ." ,'",.., "._;~,J:I...~jl,I.".. ___' - ,"~ ~,' ..~~~ .r:-' ~~~ ~-"-.'.I! ~~. _. it I ':"IIII.~"I"l ..~,. I Ad~i tional Special Cornli tions page 26 Mr.. Godfrey says when your under the opinion that what you're 100kil1g>at'is an approximate ldcation you don't think in terms of somett'i'ihg you have to rE!app I y for. _ Mr. Willet looks at our copy of the '87 plans to see if it says approximata. Dr. Dunwiddie looks at Mr. Godfrey's pia" and says it doesn't r-eally say that on the house~' Norlnally with the plans we get where,',sthereis move",ent of the house is where they give us a lar-g!rbu i ld'ing.tnvelope and they can move it around anywhere within tha envelope. ' Mrs. Godfrey says she wishes they had given you an envelope. We didn't know it was a option. Mr. GOdfray asks,' whydidn'ttttafit,1"lgirieer tell us it was neces..ry ~.to do an envelope sO,w~t c:oUldc:hange t,h.'po!ii t ion of. the house. Dr. Dunwiddie says he doesn't know, as Hart and Blackwell do that all the time. Mr. Godfrey says if theb.oard were to-feel' that it was nec:essary t.o tear the decks off this h,ouse and they . would ".ve to forego' the amount 01' money they had put into bui.lding "'them and then the amount of money it would cost to tear it all down and then applyf'or "the appropriate permit as you're stating to put it 20' closer so that we could put the. deck back >onto the house and then have to pay to put it back on, we're out over $25,000 to $30,000 to end up what we have in the first place. Mr. Willet says that's.C!tssuming you would get the approval. Doesn't think we would be arguing about it if it was no big deal, therefore that scenario wouldn"t really exist. Mr. Wilson says are we considering such a thing? Mr. Willet says we suggested last time they look at modifying the decks, tr-y and get things back a little. Mr. Wilson says with the consideration they might ultimately file for the same deck? Mr. Willet says he doesn't think he gave him that impression. Mr. Godfrey says he asked if it would be possible to do that. .. ~~-"",...-............----.....-.-........._..-"-"t"'"". ',..'.'W."" J..~...:p-or ~"'~ 'T>~ ~-' l'W,-:-,.... l' Additional Spe~ial Conditions page 27 Mr. Willet says unl:ikely thatilf we it back on again. i~ i. pos~ible, however I think it highly mad,," you' tak.. i 1;' Oir "" "ou Id let you put , Mr. Godfrey says wouldn't it be uP! to DEP to decide on the applicatioYr whetHer Or notitwot:H be something they would allow? M;- . Willet s.ysi t" would be up to appeal that we w'&ll&ldgo toC:Ou.rta,,!d y involved. and if you were to the t>EP would be Mrs. Godfrey says there isn't any rort of waiver we could apply for? . Mr. Godfrey says.isthereil waiver after the fact that we could apply for inor-derto keep someth'ing wi th'inthcilt distance. Mr. Willet says he s~pposes that is essentially what you're doing now. Mr. Perry saY$ the wciythe bureaucratic process would go is that prese,?tlythey are in non-compliance so the commission cO,lJ1d issue ,a letter stating they are in non- c13mplianceand givingalist'ofthing$thatthey would require them to do' to the bu,i Idinq tHat would make it 'closer to an acc.eptable compl iance and then once those changes have been made they could request a certificate of compliance on the original order. Mr. Willet says at this point if this is your proposal you should get some input from thecommissione'rs., Ms. McColl asks if they are completely opposed to the conservation restr-iction. Mr. Godfrey says he thinks if it were an absolute foregone conclusion t,hat np other proposal Me came forward wi th was g01 ng to beacceptable'tte' d hCilve to 10'Ok at it as an option. He hasn't thought of that unless he thought it was absolutely the only route to go and he didn't think it was. If this proposal is unacceptable, he'll have to think of an alternative. Mr. Willet says he thinks this is going in the right direction but is not quite 'enough. Mr. Godfrey asks if that is the opinion of the entire board. Mr. Wi lson says he wasn'. t fami 1 iar with pr-ecedent of previous cases and wouldl ike to read the record. ,: He I T Addi tional SplitCial Condi1oibns page 28 certainly doesn't see any poin,t the deck and tHen come back and thing. ln requesting them ,to remove expect us to allow the same I i I Mr.Ke~liherrep"Clts he thinks the plantings . e a very viable compromise. Mr. Willet says .i t' s a st~p in ti'le r ~ght dir.c: ion buti t would be applying" Cl double standard,baSf!t::lO.Y1 past 'cqes, to not requir-e more. Frankly he's not 'look'ing for th mto move the house but he wants a little bit more than som, plantings. Mr. Kelliher says it isa substantial amount 9."f plantings.\ Mr. Will~t says he thinks~hatwhat our rec:ommendations were last time to look at Ihodifyingthe deck, conservation restriction, plantings. Mr . GodfreY!i.ays' ,a.r~. Y9u.tellingme that you feel the Conly alternative i.s allthreethings<you're mentioning? . You don't feel that PJ"1,'laltyfClr-.OU't..~e,ighs the violation? Mr. Wi llet says in SQtn~:,ieQ~ip'at~on. . with in our.;ur- i sdic;ti onto,,'iti1aYii!'ycumove ~here you said Y(Ju,:~,r~,>go!"g $0 put it. we'rebei ng outrageous her-e. Reminds him it is the building bClCk to And I don't: think Mr. Wilson says he thinks Dr. Dunwiddie's point about consistency is the most important part. Dr. Dunwiddie says that's what frightens him most about this. No matter what we do short of having you move the house back is what are we going to do in the future when somebody comes in and We look at the house and it's 15',20' closer to the wetland. Mr. Willet says the la,st case. that was in here and not to -the degree you are we had' them" r ipthe deck off an~pvt a conservation r-estriction on the whole property. I" WQVld at 'least consider SQ,ne sort of conservation restriction and , , limited use to. the garage, something like that. Mrs. Godfrey asks if it is possible to get a restriction against further building but leave that option open so that we could have a living space in that garage if we ever needed it. Dr. Dunwiddie says the difficulty with that is it~s impossible for us to enforce. Mrs. Godfrey says but we'd ha:vet, ,to c:ome before you again to ti~ into the septic system. Additional Special Conditions page 29 Mr. Godfrey says with the new zoning laws it's;almost impossible for us to do anything on that property anyway. Mr. Perry says his suggestion is to change the-location of~the door to the deck and go back to the deck that was proposed in the 1987 plan that didn't include the wrap around that you have now. Mrs. Godfrey says it included the wrap around. It just didn't include that corner. They simply added the corner and connected the screened in porch with the back deck. Ms. McColl suggests taking off one corner. Mrs. Godfrey asks for a continuance for twd weeks. MOTION: To continue for more information at the request of the applicant is made and seconded. UNANIMOUS b. Dooley - 11 Polliwog Pond Rd - SE48-433 (55-422.6) Mr. Perry says this is for the middle lot. The one that had the driveway to the pond and we have been waiting for an as built that showed the location of the driveway that it was located according to the order and it looks like it was~ MOTION: To issue the Certificate of Compliance is made and seconded. UNANIMOUS c. Hoffman - 16 Tautemo Way - SE48-373 - (83-14) Mr. Perry says this was requested last spring and we found that a pier and bulkhead had been added so they filed a notice for the pier construction and we issued the order a couple of weeks ago. This order is ready to be signed off. MOTION: To issue the Certificate of Compliance is made and seconded. UNANIMOUS d. Hoffman - 16 Tautemo Way - SE48-665 - (83-14) Mr. Perry says we need to get proof of recording before issuing this certificate. 4. OTHERBUSINESS j)I,...!",~,."" .~... Addi~ional Special Condi~ions page 30 a. Anapol - Pennsylvania Ave. - SE48-192 - (60.3.1-17) Mr. Willet says i;he applicant isn't going to be in this evening. Mr. Erichsel1, an abutter, asks'. to_ake a few comments. Says as he had called several of the commissioners as well as Mt.. Perr.y, YE)U ..11 ar,eilware that he went out.,and did that without coming in here and that S.turday,he went out again so he's more or less ignoring the fact that...we all thought it was onholaa"d he gQes out and says the heck with you guys, I'm doing it again. The Smith's Point Association had a cfiscu..sion out there and you should have rec:eived maybe 13 letters. All of us would like them read on your tape for the record. Mr. Perry says we have received .some letters. Mr.. Willet says he would just as soon wait until we have both parties here before we get into this. If you have comments that will be fine. Mr. Erichsen says I'm the representative of all the people who are writing the letters. Becau$e they, didn't put aPS, please read them, I'm to tell you they would all like them read in~o the meeting. Mr. Perry says he will get that organized for the next meeting. Mr. Willet says he has some trouble With reading 13 letters. They are in the file, it's PUbliF record. If we go to court or something theY1are going to ,be there and are going to be made note of'. I can list who ,'sent a letter, if they are opposed or for the project. Mr. Erichsen says he believes they wo ld generally go along with that but what everyone agreed ey didn't want it just said letters have come in. They wou d like their name noted and a brief comment. Also one lett r .from Mr. Hontoon who is one of the chief members of the as ociation along with Mr. Pappageorge and himself. He believes you should read Mr. Hontoon's letter because he's one of the eneral chief's. You may want to read Mr. Pappageorge's and his as well. Has four points to make. 1) On Saturday Mr. Anapol and Mr. Leddy were out there and they went up, right past his driveway, around to the right and got stuck and you can see that the sand has almost totally rebuilt the dune~ow. Without dune grass which it was ~here my picture showett the big cut it's about 2' from where it was. So how he's going to maintain an open rQad, which we have no Objection, none of us have any objection to a footpath that goes where a road is and he can do the same. We wish him luck but to blatantly say that he .. I ,>->' ~': -'.'~;::.,;, 'j:_:>J:,~; :;::'";~';"' t,;"x~,'",,,- Additional Special Conditions page 31 can puli a fire truck in, an ambulance in is all but ridiculous. Mr. Perry says he doesn't think the commission has ever said that. That's what he said he wants to do. Mr.. Erichsen saY5he hasn't heard. Mr. Willetsays:we were waiting to see if he was going to c:ome up with 50mealternatives. Mr. Kelliher- says an alternative route. Dr. Dunwiddiesays how long are we going to wait. Mr. Erichsen says it is very slow in getting any i nformatiory from th~In,. .. ". It seems he, has done anyth i ng and li!verY'bhlNJ to_put/'i;,t'o"f'~ Point #2 were the letters. Point #3, can this boardpu.t alim~t'or a hold on any additional work while yourawaiti.nglnf'ormation. Wh~'s to say next Saturday he doesn't 'try it again. ."" " Mr. Willet says hec"n ~ow~atever he wants; we can limit himbt.t if hewantstog.'t the<bulldozers out he'll do it anyway. :'fhlhkswe've;)..tlfjitlt1airly clear- that we don't want him tc) dO'ciU"lything out,t".re. Last Saturday Mr. Perry and Mr. Kelliher were out and ,said don't do it. I don't know how much clearer we can make it to Mr. Anapol. I I Mr. Er i chse,n s~ys. they wou I dn 't be surpr i sed if in a week or two Mr. Anapol tried it again. I hope the board is aware of that. Mr. Willet says then I think we'll be at the end of our tether and we'll take it from there. Dr. Dunwiddie asks when he was asked to stop Saturday did he stop. Mr. Kelliher says yes, he agreed to only truck in sand to put around thef,oundation' of the house. from Massachusetts Avenue, he did not touch th. dune; and he went out there Sunday and there were several sets of footprints over the brow of the dune but the tractor never got any farther than when it gotstut:k Saturday. 1 Mr. Erichsenisays when .it does blow in, drivers in veh iel es go i ngto$m~,~h's Po i ntsee ,the br-each in. the dune and '0 up 'and turn'r.~nd i:n the dUne grass and get stuck. It's inviting. I.,:there aT1ythirij~wecan do such as the DEP put up a sign. Ms. McColl says ,the DPW can't touch it. ',-:"",:,",'r.:~",~.~.~~'i"';~~,~)~;~;"""'~'Y.,~'1''''''''~.~.~",;ll'~~~..~~''0' .,. ..,..>~JJ.t.o.,.Jlfr _,'~""""f'!"..,.,~*,Iit~..~~."II: :~'~-"'""'~~~r~4"":--;~,~,,"",:,fi;:'Z .~:".- ","'!, ~ u. .<,\!.-~. .~ -'~';-.v:~,~~~ .~,~_ .1.~.~l~:~~J".~ ~..,-.-- r '.",,~~"R;,!i::~~;ei~;ii~.':i:j'i.::';' _....~. ""-'" ........ -, '" -. .......,......:....~..........'-'T''"''''.''... ~~~~___----'Yo_~~'l....;_,______._"u_.__ l' Additional Special Conditions page 32 Mr. Erichsen says can he put an8 1/2 x ~1 and stick it on a 2 X 4--something to keep vehicles from riving up there. Mr. Willet says on your property. Mr. Pel"rysaysyou already did that and he applicant got a little bit irritated. Mr. Perry says he th i nk~' there arE! a .coup I eOf,dead end signs; if they don't see a nugh dead end sigp what's a sign on the dune going to do. I Mr. Erichsen continues <Po"int*4): what is the commission's general intention. The neighbors would like it $tabilized. We'have no objection to a footpath to the end of Rhode Island, across Pennsylvania, whatever he'wants to do on his property. We ar'~ objecting to vehicle access and maintenance of a driveway through that area. Mr. Willet says we would like him to stabilize the area. Mr. Erichsen says and Just a concern of his own, where there is. 18U 'of sandin his own driveway, I'm assuming an Enforcement Order to restore that dune Dr whatever go'es through will push it back and hopefully plant some dune grass there but if this is not resolved by spring without committing yourselves what am I to do with the sand blowing eastward. Commission agrees it moving his way,t-estoring the dune will merely slow.it down but it's going to end up on your driveway eventually. Mr. Kelliher says Saturday he didn't notice any sand in his driveway. Mr. Erichsen say$S rot in his driveway, about half way down i'1 front of his house. ... Continue~ my concern. was to hear from the board; you're not very happy with what he has done. There has been no statement made. Mr. Willet says he thinks it has been very clear, extremely clear. We're not happy. Mr. Erichsen says the thirteen neidhbors. and myself are not clear as to whether you ar-e going to permit him vehicular access. Mr. Willet says we keep"s~9g.sting a f()()~path and he keeps coming up with alter-."a-ti"es. We'retryirig to exhaust these alternatives, then we'lL.. I -- ~,.,.,.. .~.'"~'" 1<-.0..~,,-.~ y .... . Addi-tional Special Condi~ions page 33 Mr. Erichsen says you're basicallylimitinifhim to what you said a footpa~h. Mr. Wils~~ says nothing he's presented has been acceptable. Mr. Erichsen asks if there haS .beenany indi,c:a~ion he will be here on the 21st. I I Mr. Perry says he told him. he has to be here on the 21st. Mr. Erichsen says he was given certified letters to be here in August--it's November.. br. Dunwiddie says thisg\.Jy's got a legitimate complaint, think' ,s i tl 5 absurd. Mr. Perry says at the sa",e 1:,ime we've got anobligatipn.; we told him to get alti!rnati".s..' Commissioners discuss tt'u!'isstJe. Mr~,Wilsonsays he thinks."it'simpor-tal'lt tha.t we get a commi1r",'e-nt; from him on p~Rer-in tn. way .of'a ptan. M~. Willet sugge$ts th~a.i&'Cc.l$sion end. ~. '. .' :'" ,:-"i.i.,",..'.:':,.......' ,. .',:, .",< ,,'~':.:.' b; Santa Rita Trust - 22apOlpis Rd - SE48-630 (26-22.4) Present for theappli~antis Attorn~y Rachael Hobart for Attorney Melissa Philbrick. ' Attorney Hobart says there is a letter from Attorney Philbrick and new plaY'l$. S~vs nOW that they've put the sink in and have made it a dwelling per the new Building Department regulations, and they have the approval, they have to meet with, the building code requirements of a secondary dwelling even though there's no intent to use it as a dwelling which means they neE!d>~ secondary means of egress. They ,have run ,an outside stairway from one of the balconies that was cantilever-ed. The garage doors cannot be used as the secondary means of egress because a child cannot open them. Mr. Perry says that's .not entirely accurate as he a$ked tOday. 1heycapal ~OW.;door to be put inside t,he g-.rage as long as it's not biggertl1an 4' wide. Attorney Hobar t$aY~,~PR;r-entJ ~..,..tll"".C;t'\it~c,turall y they don',twant to. do, anY~~~;~91:9;t'h~id~9r::?i~.o.thiSis.wtla,t is, bElting proposedwhich:'is;'aminor mcKfif'l~atior:* of p-aragrapneo of your Order. ~'" '. 'i~ ;');Y',C;;-;"~*,~&~'I.~ "-" ~:',,#:ritJ~~~rWfi~:V'fi~~S-:t,: i Additio".al Special Conditions page 34 Dr. Dunwiddie says architec~urally they don't want to do anything to the door? I Mr. Willet says it keeps growing, personally he would rather not see any more. Mr. Wilson says our restriction was that we didn't want it to be used as a habitation but ~hatthe.building inspector is requiring will make it perfectly legal as a habitation. Attorney Hobart says this is in the zoning code that once you automatically bec~me a dwelling. it as a habitation. the problem with the change put a sink in you Then have no intent to use I \ Mr. Perry says we allowed it as a modification to be a dwelling with the stipulation that it shall not be used for./ habitation. It is only a dwelling under Building Department purposes; can't sleep there or eat. Just have ~ room or a bathroom. Mr. Wilson says one of us is going to have to stay in that building all ,the time. Mr. Willet says he doesn't particularly like it and other CommissiOflers agree with that feeling. Attorney Hobart says can we continue it, then, and we'll see what we can come up with. MOTION: T~ continue for additional information is made and seconded. UNANIMOUS c. Polpis Bikepath Wetland Replication - Planning Bd. Mr. Perry says one piece of property at the end of WauwinetRoad is ours, there .are about four or five parcels and there's a ridge of upland there and the Planning Board is proposing a large replication area there. Mr. Kelliher says he thinks that would be very apropos. Dr. Dunwiddie says it's actually a very nice piece of land, as a upland. Mr. Willet suggests Foundation or Audubon land be used. Dr. Dunwiddie says he discussed that the other day and sLlggested.since they werealr.ady replicating miles from the wetlands anyway why are we bothering to replicate along the , . 1 Additional Special Conditions page 35 Airport or at the DPW. Doesnit see why we should be using prime conservation land for w~tland's replication. Think's it is an inappropriate use of conservation land--especially our posture in wetlands' replication in every other case that's come before us we do everything but thumb our noses at it and then says oh, sure, you can use the only piece of commission conservation property on therefor- wetlands' replication. Mr. Perry says is that a motion? MOTION: To not allow the conservation property owned I by the Conservation Commission to be u~ed as wetland repl ication area for the Polpis Bikepath is made and I, seconded. UNANIMOUS d. Emergency Regulations: Discussion Mr. Kelliher recommends we use Mr. Perry as our agent. MOTION: To designate the Administrator agent for the Commission to administer the emergency regulations. Mr. Perry review,S the permits he has i~suedto date and says lie would like to develop a policy which reflects the commission's wishes. Briefly if it's gone, it's gone when it comes to beaches, dune restoration and banks. Vou don't want to see heavy machinery going out there and sand trying to rebuild a beach and dune, is that the commission's general po 1 icy? Mr. Willet says for a general policy he thinks' that is good. Dr. Dunwiddie says he's trying to think of specifics. Mr. Perry ,says if someone has authority to put their dune back that's fine; what he's talking about is like at Shimmo or down Dionnis Beach the banks are gone, or Wauwinet, Dow; and Richards, and Jackson. Dr. Dunwiddle says he can understand about bulkheads but he's puzzled about dunes. We spend all our time trying to get people to build up dunes. Mr. Perry says he's talking about building dunes overnight. He doesn't'seeany problem with them putting up snow fence and planting beaeh4;irass but what he doesn't think the .commisslon wants is forthe.m to go out and bring in 40 truckloads of be.ach sand, pi Ie it up in front of a house, and then put a snow fence up. Would rather see a low tech II""" ., . Additional Special Conditions page 36 approach because the damage from br i ng i ng all tha t mach i nery will be far greater than the dune's protection. Mr. Wil~bn says in a case of someone like Plukas or Dow they would have to bring it in in wheelbarrows. Mr. Perry says the position he is taking and he assumes if people don'~likewhat ~hey~ear from me they'll come to you, is that if it's gone if it's a bank or dune that a low tech approach snow fence is the way to go about it. Not to bring in heavy equipment. Mr. Willet says that sounds good. Mr. Perry says there are three levels. One is send us a letter and do the work. After I get the letter I will inspect to make sure it is level 1. The second level is they write us a letter and they get emergency certification. That's for minor projects, less than 50% damage. Th~ third level is you have to file a notice. What they can do 1'5 temporary r~pairs to the bulkheads, for example, then file a notice for replacement. For Lily's on Hulbert Ave. he allowed them to bring in fill; Fife he allowed eith~rpu,t sandbags and backfill to protect the house or put a plyw.ood bulkhead till they filed a notice to replace the entire bulkhead. Most of the bulkheads on Hulbert if they were damaged a little they need to be replaced because of th~ age. The decking for Mike Bachman's dock he is allowingtobe:hand replaced and gave him a permit. The one in Quaise he sees as different from an unprotected bank. The waves came over- the top of the bank and ate the bank away. Is allowing Mrs. Berrian to fill in the triangle that's created from the top of the bulkhead to the bank and replant that. The bulkhead is basically the beach and the bank and you're just filling in behind it. If the bulkhead wasn't there he would have not recommended they replace it if a fast way and that they move the house. Dr. Dunwiddie asks if there is some limit. Mr. Willet says what Dr. Dunwiddie is talking about is like Richards where you have 40' between the two anq we are not going to let him fill in like at Berrian. Mr. Perry says what we could allow Richard to do is if we allow him a return then the return could be fill~d in to the top of the bulkh~ad and the unprotected bank would stay the same. The Berrian one is on top of the bulkhead back to the bank. Draws a diagram showing the difference between 'the two. Dr. Dunwiddieasks what about Jackson. r ... . , Additional Special Conditions page 37 , Mr. Perry says I don't have to decide that one b they are gOlngto. file a Notice and YDu''Will havetol on that one. Continues in addition if they f;ilea 1\1, the commission determines that replacing for exampl. Jackson bulkhead is not in the best interests of the protection act we don't have to approve it accordin Way these emergency regulations are written. That's picking and Choosing so they will have to come to th commission. Wh.re do you stop, at a 10' bank or a 4 · bank. Do you let Sankaty Beach Club fill in their bank'? ""Ie'll have a hole in the middle of the island with all the sand on the beach. cause decide tice if the wetlands to the why I' m I Commissioners agree with Mr. Perry's policy and decision. Mr. Perry brings up one other item with regard to the work being done for the DEP to replace the culverts on Madaket Road. Yesterday he spoke with the contractor and the ASf!tistant Superin'tendent of DEP about the fact that they are putting fill in the wetlands to get the machinery around. The silt fence had blown after the storm and they never replaced it. He spoke to them about it and they replaced the silt fence at high tide so when the tide went out there waS' a g!1i1P between the.water and the silt.fence. Today he noticed that in removing the sheet steel t6 let the water equalize dirt was put on the outside so it was in the pond. They assured me that they would not allow it to wash into the pond but when he passed again he found they had allowed it to wash in the creeks. Suggests an enforcement order or a fine for the construction company, D8.C Construction. Their water quality permit states clearly that when they pumping out or draining that the water goes into an area with a silt fence and not down the creeks because you are polluting the water and I talked to them and gave them two attempts to fix it and they are in violation. Suggests the commissioners may want to look at it. Commissioners agree to meet with Mr. Perry at 7:30 a.m. tomor-row mor-ning. 6. CORRESPONDENCE 7. MINUTES: for October 10, 24, 31, 1991 MOTION: To accept the minutes for October 10, only, is made and seconded. UNANIMOUS B. SILLS TO BE PAID 9. FIELD INSPECTIONS: t1ondiJY, NovelDber IB, 1991,4:00 , 1, I -"...,~"17 17 - - .... ...-..... ~..... '''"-'_.l...-..:~'.~_'' r ..':.,:......<.owr~.l'bQ._~.",c""'~.....,'"'. ." ............ '-'.1-'_ Addi tional Special ConcU tions page 3D MOTION': To adjourn at 10:20 p.m. is made and; seconded. UNANIMOUS ,- '........ . ...