HomeMy WebLinkAbout1991-11-21
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Town of Nantucket
y
Conservation Commission
(508) 228-7230
10 South Beach Street ...1
Nantucket, Massachuse~ 02554
MEETING MINUTES FOR, NOVDIBER.21, 1991
Themee ing was call,ed to order at 7:0e p .". ,i,n;t;he Large
Grq....pInstr ~tion Roo(n,~f t.he Nantucket High Sch.Qol.:.
Co~mission"s presen.t~re;~ill iamWi 11et; ,Laur~,f.k.&.~eVI tifmry
~~:;:~~k~~r~i:~:c:C~:;~~, D:~;~~i~:~~~~~:-'a~~d L~~~:r'w~~l~n. Also
secretary. I
A. PUBLXC HEARINGS
. ., f ',,~, i
1. Richards - 25 E. Tristram Ave.,- SE48-609 .... <:31-1)
Present for the applicant is Mr. John Shuor~~os~ys
they expect to proceed shortly.
MOTION: To continue at the aPplican~'ti,req~st is
made and seconded.
UNANIMOUS
2. Poor
Quidnet-SE48-635 (20-49, 50.a, 50.3; en"':'" 58, 119)
3. Poor - Quidnet - SE48-637 (21-128, 118.1, 119.1,119.2)
MOTION: To continue at the applicant's request is
made and seconded.
UNANIMOUS
4. Dunham - Tristram Avenue - SE48-666 - (31...02)
Present for the applicant is Mr. David Haines and
Attorney Arthur Reade.
Mr. Perry says Mr. Haines ~.~ pyovided comments on the
soil borings. Mr. Perry 'says this is a lot that we issued a
positive determination on and there has been some discussion
on a small depression that was brush cut on whether it was a
wetland. He and Dr. Dunwidd.iel4md Mr. Haines went out to
look at it and draw up the boundary.
Mr. Haines says the comm.ission also reviewed it and
during the subsequent site vi;~.i~ Dr . DunwidcUe thought the
$oi Is were typical of ~et~,~.pq.5i'o.i Is.SHoce that time he took
several representative samp~,..back to asoilscienthlt ,to
~ TOCYdOd_ b!,veanotber 01'.' n,on and be ,4etermi ne~ '1; 2;;; a/.;i;~s~ ~
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Meeting Minutes for November 21, 1991
Page 2
which is an unusual soil feature for the Cape and,the
Islands. It is his opinion it is not a hydric' ~dil and tfat
the water table is probab I yabout 25" from the surface. !
Based on this he feels it eliminates the area as being a .
wetland area because according to the regulations and the by-
law the water table has to be at or near the surface and
there has to be wetlandv~getation as well. Only!(;)t1e of the
plant pots of the three.we did out there that ca...,,'out 0 r
50Y. wetland species which wali Sweet Pepper BUSh.a~d i,t ca. e
out 150 species of E8,8 species. So it's right around-the
cusp. He finds that Sweet Pepper Bush needs a wetland t~
start in but then can grow up and out.
Mr. Willet says he would like to have some comment fJom
Dr. Dunwiddie.
Mr. Haines said we also made some changes on the
deliril!atibn on theAugust~6pl.nWhich has not.y.~ been
finalized and which you have not yet seen. Revi~the
r'ev ise~ _', line and 'thedepr!,~.;iorl ,and the propo~e.phou.e' and
septic locations. Notestljeloc:ationof the>isol4$terj wetland
as flagged, if it is a wetland, being-right in the middle of
the area with a 50' setback and a 25' setback and a 100'
setback from .the sep~ic.system severely limits the
buj.ldability of the properrY but they have also moni tored the
-- hot.. and have never seen'.anywater~ in it over th."last year.
Mr. Perry says when tpey were out there they dug some
test holes and two in thl!,centerthey thought were more
'typical of' wetland soils ~h~le the two on the stde were more
typical of upland soils. Hisinitialresponseto,the study
is Nantucket is a little bitdi~ferent, sandy soils can be a
wetland soil. The top ten inches or so held the ~ater long
enough that it allowed wetland vegetation to grow, but it was
hard to see ,that because it had ,been brushcut down to the
ground a couple of years ago. Thinks it is a borderline
case.
MOTION: To continue for additional information is
made and seconded.
UNANIMOUS
5. Bordes - 12 Oakland St.... SE48-bb4 -(59.4-187-192, etc.)
Present for the applicant is Mr. John Shugrue.
Mr. Perry says he and Mr. Sh~gr~e>tuld a meeting with Mr.
RicNa1'*d Ray tOdiscussthet!>ct:tansiort.plrea. 'Then also. called
t)~~it!t.t'\g they concurredthoJtwE! cOUl(f.r~onditionth. approvals
> 9.uch"that he does not have. tocon'Str6e'tthe e>cpanslon 'area.
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Meeting Minutes for Novemb~r 21, 1991
Page 3
Inth~order that he redrafted he said the exp~nsion area is
not to be constructed.
Mr. Willet asks for comments.
Mr. Perry says we have to decide how many bedrooms.
Mr. Willet asks/if we agreed on 7 last time without much
respons~ from the other Commissioners.
Mr. Willet asks for a motion to close the nea~ing.
MOTION: To close the hearing and review the drafted
order is made 'Cilnd secondem.
UNANIMOUS
6. Ducksholm Nominee Trust- 30 Shawkemo Rd, SE48-671 -(27-2)
Present for the app 1 icant i.s Mr. l."ester Smi th. Mr. SmiJth
says'in an effo~t to regpOnd to the Commis!Hon'sc:::ioncerns
about floats sitting on the bottom they are proposing..,
modification of, a seasonal pile bent which would attached to
the fixed portion of the pier with a ramp~ I~ would be
removable on a seasonal basis.
Ms. McColl notes we said we didn't want permanent piers
because we didn't want piles driven down into the ~callop
bed.
Mr. Smith says thIs is only one pile bent (two pilings)
that would be driven into that one portion and the cross
section is only 1'; two piles would be two square feet.
Continues they are also proposillg, beeauseof the minor
alteration in the process of putting in the pile, of
utilizing a shellfish propagation cage which has been used in
some areas in Rhode Island in the past. Is like a lobster
cage with trays in which you wo....ld put s"d clams ina mesh
bag purchased from a commercial ''Supplier at a very small size
and grown through the warm season and distributed when they
were large enough to decrease the mortality. Would ask the
Shellfish Department to recommend the type of shellfish.
Mr. Wilson asks if the Shellfish Department has seen this
yet.
Mr. Perry sumn\arizes the letter received from Town
Biologist: two surveys were done, one in a 500' radius and
one in a 2000' r.adius and s:crnc'luded the size and type of the
proposed pier would adversely affect the shellfish beds.
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Meeting Minutes for November 21, 1991
Page 4
Mr. Smith says these comments were based on t.ne earlier
design which was similar to the pier used at the Wauwinet
House, has been modified since the letter. They had .concerns
about it sitting on the bottom for a portion of the tidal
period. To eliminate those type of impacts they have revised
their plans to propose a marine ramp that has piles that
touch the bottom only at, the end.
Mr. Perry notes the window of being able to use this pier
is very s~ort. There is only one foot of water during mid
tide
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Mr. Smith says it woulc;hbe just 'fa '7: sma,ller boats they
would use to access boats that would beaut on floats.
Mr. Perry says so it's a dingy dock; they would be
(P.~dliOg out to the, boats llketheydo now from, shore. All
"-they are saving is 120 I that they won I t have to row.
Mr. Smith says it's to gClin access ,to the waters for
marine use. 0
Mr. Perry says they hav."th.tno....
Mr. Smith says this pieri.much shorter than the
hi$J:oric pier .that' exist.Q,~~f:ffe.
Ms. McColl says that was~O years ago. Doesn't think we
should base this pier on ,what was there 60 years ago. We've
learttep a lot about the impact of piers o,n shellfi!ih in the
harbor.
Mr . Smith sClyS thCl~',S. why we I VI! revised the design, to
minimize the maximum extent possible any impacts on
shel,lfish. We only have two piles going into the bottom.
Ms. McColl says going in and pulling it out two times a
ye,ar is going to disturb the Eel GrClss and the vegetation in
the area quite a bit. You st,ill have to get the machinery in
there.
Ms. Cheryl Creighton af the Nantucket Land Council says
she has not hada.ch.ance to look et the revised plan but
wants to repeat what she had mentione,d a few weeks ago thClt
there is also a local...egulationtha~nstipulates unobstructed
land under the ocean, forrecreation..-J,p..rposes. Also~ ,the
town is looking at how~9ideal with.~~,rsin that area, both
single. family and comm~Dlty piers, b...tJ;I~utting piers in tbat
are4wqqld be quite dis....,..ptive. .
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Meeting M~nutes for November 21, 1991
Page 5
Mr. Willet suggests ~e continue the hearing for an
opinion from theMarlne~epartcnent and SHAB of the revised
plan.
MOTION:: To COl'lt nue for additional information is
made and seconde .
UNANIMOU
,
7. Seyer -;11 Woodbtlry f-ane - SE48-67S (41-550)
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Mr. Perry says we hiV, e received a file number and can
close the hearing. I
MOTION: To c lose the hear i ng and draft an O'rdE!r is
made and seconded.
UNANIMOUS
8. Beinecke - Crooked Lane - SE48-675 - (41-203)
Present for the applicant is Attorn!!!y Arthur Reade who
says they have filed a request for a variance wittfi the ZBA
and are scheduled for hearing on December 13 so would 'like to
continue to the fOllowing meeting.
MOTION: To continue to December 19 iscmade arid
seconded.
9. Anderson - Crooked Lane - SE48-676 - (41-203.1)
Present for the applicant is Attorney.At'thur Reade who
says they have filed a request for a variance with the 2BA
and are scheduled for hearing on December ~3 so would like to
coot i nueto the 1'0 110Hing meeting. I
MOTION: To continue to December 19 is made and
seconded.
UNANIMOUS
10. Beinecke - Crooked Lane
SE48;"677 - (41-203.2)
Present for the applicant is Attorney Arthur Reade who
says they h..ve ,filed a request for .;{.. variancewiththtf'Board
of Appeals and are scheduled for hearing on December 1350
would like to continue to the following meeting.
Mr. Willet asks if he would like us to speak to the Board
of Appeals and suggest some setbacks.
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Meeting Minutes for Novemqer 21, 1991
Page "
Attorney Reade says to th~ extent you can corroborate the
fa~t that the impetus in their filing for variances is the
Commission's request that we attempt to move the building
enve,lopes as far away as possible from the wetland.
boundaries.
Mr. Perry agrees to talk to Mr. Cowen.
MOTION: To c;ontinue to December 19 is made, and
seconded.
UNANIMOUS
11. McMaster - 26 Western Avenue - SE48-679 - ~(87-77)
Present for the applicant is Mr. Robert Emaek. Present
for the oppositio,", is Attorney Arthu...,R...deand.Mr. Jim
Mullen.
.;
Mr. Emack presents a letter requesting a waiver.
Mr., Willet asks,if we hflveall the i"formatj,on fc;r the
Cer;tificate of Complial1~ for the septic.
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Mr. Perry says he had talked to Bob, about holt';lincjl' 0"'1'011
"that>~r'~llwe dec i-de what, to~o :lIIIi th ~henotic;~, IftOS~ I y "
l:JE.'cClu..etoneof the conditions in the notic~>waliig<<?j."9 to b,e
t9revegetate the septic. "So if we don't approve a project
there we need to still have him revegetate ~he septic.
Mr. Emack s,ays they have submitted the as-built plans but
h!ll",.agreed to wait.
Mr. Willet asks what q.uestions did we have last time.
Mr. Perry says we have 2 letters and a phone ~all
opposing the project. Also, he has another interfi!sting point
to bring out. Last meeting we discussed how the existing
well is within 100' ofa leach fieldona property and he had
asked Mr. Emack where he was going to move the well and Mr.
Emack had responded he didn't have. to move it as Title V
talks about separatio~ between leach trenches and wells but
not conversely. It turns out that.he's correct, and there is-
in fact, acour.t case ,th~tproves it. You have to be 100 I
from a lea,chtrenchwitha well b....t,the well c..n be within
100' of a leach trench. However, thi..s was changed under the
1990 l~cal regulations where you can now say both ways but
this was put in before.~o he doesn',t haye to move the well
in order to use it. ' Cont,inues tOa$k hc;:lw many bedrooms are
proposed for thegarage~partment.
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Meeting Minutes for November 21, 1991
Page 7
Mr. Emack says he didn I t say: but the existing septic
system is designed for three bed....ooms..
Mr. Perry says the gesign actually will allow for fau...;
the design shows 440 but'is approved 'for a~hrH' bedroom
house. He wants to'tie::sure we limit'th'e appraval even though
tthere is extra capacity
Mr. Emack said the old notice and order was 'for tnl'.e
bedrooms. Continues:thebuildinOis 24')( 32- or '7$8 sq'- loft.
for the foundation; is: hot sure if it isincl.....iv. o'fporches
but this was approved by the Board of Appeals.
Mr . Perry says he uAejerstands thesiche was'app~oved by
the Board of Appea 1 s ',*:Jil'h the ut\derstandtrig the V , ..,.,..e'90 i ng
to comeback with ,thtit1fr'ont aftE!t" they 'had COme to us.
Mr. Emack says that he feels that it is probably
inclusive and tha-t they are going toga back t(3 the Bdard of
Appeals to try to', get,atillttleclossert()the ro'adintrr-c!nl1:;
is ourrently 30' and'Clhfiyare talkingcabo'(Jt 1S';"171'whiaftwill
give about 35' fromthe,itop of tfte bankwNich will give an
und i stl.lrbed buffer,.
Mr. Perry says he willI talk to' Mr. Cowen.
Mr. Emack says alsO' if they move' it closer to the road it
wi n perhaps not requ'\ir6tas much :grading;r ight now they are
proposing the top o""ouMdationat 26.7 and he thiriksthey
could lower it to 26 without much problem.
Mr. Perry asks about ridge height.
Mr. Emack says the Eloard of Appeals gave it 26',
considering it was a garage apartment.
Mr. Reade says he represents'Mr's.Davis, Mr. and Mrs.
Ames, Mr. Folger ;~nd :hehasn' t been abl'e to speak with the
rest of his clients '.tho were involved in the Leet situation
but he has a messagefr'dm Mrs. Davis that they all want him
to represent them. Tl'lissituation is to all intents and
purposes identical to the Leet case with the exception of the
fact that the'syste~ has already been put into the ground
under the prio~ order dfconditions. Regardless of the fact
it has been put intd't;he ground, it hasn't been put into use.
This is a vacant lot at the present time; it isn't buildable.
It's the identical ~ituation of so~.one putting a~d, if the
house is built, ~uttiinginto use a septic system within the
coastal bank, not set backacert~in distance from the
wetland boundary; we're not dealing with a waiver reg~rdin9
setback requitements but once again actually put in withi~
the resource area involved. The fact that it's there I don't
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Meeting Minutes for November 21, 1991
Page 8
think should "give it any special status. If we were ;dealing
with an existling house I think that's a situation that would
desEJrve some comp~ssion and should be deal t wi ~hQ,y-giving an
order of conditions that WOllld allow a very limi.tedproject.
A situation like this whe17e you ar:e P4ttin9 in a fMW house
for the same reasons that I've expressed in the Lef!!t case and
for the same reasons that you issued an order of 'conditions
denying the Lf:!et not ice of intent, you should do~;~he same in
tnl$ case and maintain a con!?istent. strong positi~nthat
you I reno t going to allow houses to be built underithese
circumstances.
Ms. Cheryl Creighton ,for the Nantucket LandCQuncil says
s"e,~s inagrreEJmen~Wi-th~~t Mr., Reat;tejust presented.
Also, 10Qking,at that,si'te ';'Qu can see where tnel.acn
facility,' tank and connecting pipe were put in the ,dune and
all of those areas areb,......eof yegetat ion and the.-rEJhas been
t;'ot1l~t,EJmpt to revegetate in the year and a hal fs,il1cei twas
it'!it~lled. At the veryt(tpof the bank whef"e the~:.. i..nq
ve91!t;atlon and there is e~PGJ.ed sand the bankal.~+ta;kes
qu~tead ip in t,hecontour1i,:land it looks as tho~~,th..t
occurred during installation. It is a very viSLlillJ:,4IU<4$p1'1I! of
~hel1youallow waivers in sensitive resource areaS$uch as a
coast;al bank ,and coastal 94Qe and if you think ab~ut
incr'emental effects that thii exposure could possibly have to
tf1", o,ther structures a.nd la,f'lc:l uses that are oCCU.I2f'~'l!1g>there
to date. to expose areas by"granting such e)(tre,,",;i~t1livers nOW
would be harmful to the i~ter'ests of the act. Con~lude5: ,by
submitting a letter for the tile. '
Mr. Jim Mullen, a property owner in the area, says he
believes we should be consistent.
Mr. Emack says he would like to draw a couple of
distinctions between the McMaster application and the Leet
case (1) the septic syste", is a legally existing $eptic
sY$t;e,~ and was put in under an order of conditions from the
cOl"lservationcommission. (2) With reference"to Ms.
Creightcm's comments, the fact the area was not re,vegetateci
is unfortunate. Thinks it was ignorance; they are working on
it. He thinks anything that occurs around the dune system it
is in their interest to have it replaced. The dip~as there
prior to the installation of the septic system. As far as
the bank goes, if he can get an additional variance from the
Board of Appeals there will be a substantial bu.ffer. They
would like to get an order from the Commission with that
setback stipulated so that with the variance they will be
allowed to go ahead. They then woulq have to comebac;kfor
a\? ame.ndment but would I ike an indication from ttle ,board at
this time. Unless you. feel there is something else needed
like delineating an undisturbed buffer on a plan~ Otherwise
they would like to close the hearing.
Meeting Minutes for November 21, 1991
Page 9
Ms. Hussey asks if 26' i~ an average 2 story.
Mr. Perry says that's a pretty comfortable two story.
Mr. Emack says he will see what he can do to make it
lower'. Notes 768 sq. ft. is not very large.
Ms. McColl asks if they will go with less bedrooms.
Mr. Emack asks if the commiSsion would like somethi ng
that Shows what it woulcllook like with the 17' setback.
Commissioners say yes, with decks and porches and buffer
zones.
Mr~ Perry says right now he is under the impression decks
are inclusive and would write the order that way.
MOTION: To continue for additional, informat,ibn is
made andseconded'~
UNANIMOUS
* 12. Ted Godfrey: - 325 Polpis Road - SE48-674 - (25-40>
Mr. Godfrey asks the hearing be c:bntinued'so they can
complete their preparation. "
MOTION: To continue at the applicant's request is
made and seconded. j
UNANIMOUS
* 13. Wiley - 39 Baxter Road
(49-10 ~ 49.2.3-4)
MOTION: To cont,inue at the applicant's request is
made and seconded.
UNANIMOUS
* 14. Old North Wharf - <42.3.1-22::'l>
Present is Mr. Edward Sanford Who introduces Mr. David
Anderson from Braeman Engineering.
Mr. Willet reads the inspection report. Asks' if th~y
have received any comMent from the Marine Department orSHAB.
Mr. Perry asks theysubmi ta copy of the plan t'o the
Marine Department.
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Meeting Minutes for November 21, 1991
Page 10
Mr. Perry asks ,where theLborings were taken from, trying
to relate the smaller plan tr the bigger plan.
,
Mr. Anderson says they ave used some of the information
that, was prepared for the 0 d North Wharf Histor.ic
Restoration project. The b Y"'.ings were done as . cqmpo$ite.
Shows.where Nos. 11, 12 and 13 were taken from and relates
them, to the~ctual soil ana ,ysis where 811 refers "to the
boring number and that soil ,is described. The bulk sediment
testing,. is a requirement- for a permit from water pollution
control. , Notestf;lere isad~itional information in the 87
numbers but 'that site is not included in this proposal.
Mr. Willet asks where tl~y propose to dump the dredged
materials..
Mr. Anq~r.son ,says they have a letter from the DPW dat.ed
October ,3 which he submits, and$ummarizes Mr. Willett's
5qmm~~t~H" i f ,themateri~l ~!5 free of c;ontaminants such as
M"ea"Ymetal, hazardous waste,theY,will accept it at the
. lamdfill as cover material. Test samp les will be necessary
tQlnsure it is not contaminated. Transportation must be
c1onE!. iSuch that leakage does not occur on travelled way.
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. Mf~;PerrY says he tried to reach the solid waste people
to!"se~",~hattheguiqelinesw.rerelative to placi,ng these
matey..i~lson an unlined landfill. Asks if he has the upper
and lower limits.
I'1f;~ Anderson says he;"'.,as this information from Division
Water. Pollution Contro~~h'ich,is an excerpt from 314 CMR.
They have two tables Which break/the results of testing the
material by element into category 1, 2 and 3 and A, 8 and C,
all dealing with differ-ant levels of, concentration. We
should think 01' it as the <degree we don't want this material
takensolllewhere else, number 1 being that material which
would be acceptable to the landfill, 2 would be as well and
in some instances 3. Our material corresponds to type 1 and
2 and A and except for 813,. Volatile Solids, is in category
C. What does that mean is shown on the next page, Table 3,
which has categories for, dredging (they are requesting
mechanical vs. hydraulic); disposal method (in water, so
their method at the landfU 1 would not apply); and placement
(category 1, a, b, c; category 2, a, b, c; 3, a, b, c
materials may be placed on land or in-harbor disposal with
bulkhead). This pn)ject is a pile supported pier, not a
bulkhead, and as a result they are left with an in-land
dispos-aloption. In summary this material would meet WPC
criteria for inland disposal.
Mr. Kelliher asks if that is approved for an unlined
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Page 11
Mr. Ande~SbnSaYS,these came out before any. of our
landfills were 1 ined~n'ld' ,they aren't specific to landfills.
They are say ng inland area is acceptable for" disposal of the
material so e would suggest we can bring it to an unlined
landfill.
Mr. Kell her" says he is sure Mr. Willett would be more
cognizant of,this.
.. '
Mr. Perr~ says we would have to look at the'&olidwaste
regul ~t ions\'~ha t a 11ow~itH'ta in type$fJT so~ 1 !I.,be,'.""P",..,',~.,c. ,~,. d. in;
landfllls, 11ned or unllned. They would bemore'speclflC.
If we are gol"9 to approve this project wewa.nttC?ilzt" ,sure
the landfill' dlO acc~t this material. Does .the ebmmlssion
want me to ask him i,(he can accept it.
Mr. Willet says we have a letter, we assume he ran that
down ,but youcanct1a't with him.
Ms. McColl. says when the letter was written he had not
seen any of the test results.
Mr. Anderson says 'there is a higherauthoritV':inwher-.
this goes. The Divi$!ion of Water Pollution s~i'''~4..1'lyasks
where i $ the material ,going and the answer" is wej:",,sertl,.to
dispose of it at the landfill. If that's notacceptab'1ethen
we'll have to search for another option. But' basutd"dnthe
criteria that's available to us we believe tha1:'s6."viable
option.
Mr. Willet suggE!5ts,the test result. be forwar"ded to Mr.
Willett.
Mr. Perry says also we'll see what kind of criteria DEP
has and compare the two.
Mr. Willet asks if there is a sewer pump out proposed.
Mr. Anderson says there was an existing pumpout on the 10
x 10 area at the end of the catwalk which did survive the
storm and doesn't need to be replaced. Shows a utilities
schematic which dep iets where they w'Ould like to relocate the
lift station.
Mr. Perry says that's pretty much what's there already.
,. .~
Mr. Anderson says the cap.ac:~ty fits,theirneeds very well
for this expansion. ,Theyare'p1'ff:bposing' a collect ion system
of a simple pipe> network Whi~)~~11 utilize baekflow
preventives. The vessels woultftie to it with a universal
~.>,,:;~~~~~~~~'~~;.~~,..,.::'~~.~': ::.i>::.";'~~.':':.;::~:';....~'~
y
Meeting Mi~utes for November 21, 1991
Page 1,2
fitting~ They pump mat~r~al ~o the lift sta~ion. the lift
station pumps it bac:k into the city sewer.
Mr. Perry asks if there is a cutoff on the boat so if t
lift pump doesn't work it doesn't try and force it's way
through. What is the fail safe.
Mr. Anderson says this,'is a Simplex system in ttlat ther
is only one pump motor. He doesn't know specifically.
Descr ipes the act,ion. Says there is an al,arm if the level '
hits a certain point at which sew.ge should not be pumped tb
the lift station.
Mr. Wilson asks if there. is a. vent ar\d if 50 is, there a
point at which the boatscoul.d pump over the capacity of the
storage system and out through the vent.
I
Mr. Perry asks if there wi 11 be inf"prmat,ional handouts
for people whp tie up on how to .run thepumpout.
Mr. Sanford says it' ssor't, of an automatic system where
the boats pump out into the hol4:;tingtankand the: holding tank
i,s 4utomat,ically> pumpinCi:l.c(;H'l~.i.n~o.uslv, as itr,ises toa
cert,ain le.vel,; thishas.b~n<)n..."i5tencefor .acoupleof
yea~~and it's working P.....:tt,~,~...~othly. There i5an alarm
~ndhe agrees with Mr.Perry,th.at people shpuld be educ~ted
so that if i;he alarm 90,El~,o'f5~;.;:~~.Y will shu":itoff and c:all
me. In SOme instanceiti5 C;qrtl:eivable it could back up
completely.
jo'.
Ms. McColl askstheca.pa.c,~ty of the holdingt,ank.
Mr. Anderson says 60 gallons.
Mr. Wilson says and the size on the boat of, the holding
tanks.
Mr. Sanford says it varies.
Mr. Anderson says it has to be vented and it is alarmed.
Mr:-. Sanford says we could place the thing in a contained,
tray a couple of feet deep which would increaseuthe capacity
50% and greatly reduce the possibility of overflow.
Mr. Wilson says he thinks that is a good idea.
Mr.Wilsierski says he would t~ink on ..,,!1darkand stormy
nightifthe,~larm went off no;onei~~ld hear ,it or notice
b"ca....ttfit you wouldn I thave togoo4',1;side to pump it out.
- . .~':;~"-'?~:Q"j-Y.;i:'~_~_';,_~,;'i:j;~~'\'W~:~)tii.t.;t);
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Meeting Minutes for November 21, 1991
Page ,13
Mr. Anderson says they would be happy to look further I
into this . What you 're'as.kingfor is what a S'implexsystem
would provide where you have two pumps and if 'one doesn' t ,:
work the other goes on;. they are considerably larger in size
and expense. I think we could provide you with a similar
degree of security by Way of a secondary cQntainment vesse .
Mr. Perry says the pipe is full all the time between t e
Ii ft pump to town' $oth<<lreHs,obvio~slY a valv.there that,
has to open up in ordet"ifor it topUlIlp. If that pump ctoeSA't
come on the only other place it can escape is up the vent./
If you had some sort of aback valve'tio closethev'Emt....
Mr. Sanford says he doesn't t~ink there is a valve com~ng
out of the lift tank; ~hiinks it 15 j\ist,pumpedstra:igh.t. It
could then conceivCl,t11yct'ome out the ,vent or just force the
material down the sewer. He guesses they would have to look
at that as well. Agaih, perhaps ac:oAtainmentpan.
Mr. .Perry suggestssomethingtnat,ir1!ibuoyant' which will
float up when your lift station becorfte~'fullandclose off
the vent.
Commissioners agre_tnat will work.
Mr. Willet asks if, the dredging Wlll 'impact any
navigational channels or'mooringsystem.
Mr. Anderson says they, are staying within the confines of
the channel to these:nithand therem~ins of the Olet North
Wharf to the north. Th. SId North Wharf has rights to the
mid-point of that channel so they arE' being conservative in
staying to the limit of the defined channel.
Mr. Perry says therw is a buoy out in front of the
Steamship which isn't shown on the big plan.
Mr. Kelliher says the Hy-Line has a white cone out there.
Mr. Sanford says he thinks these anchors are to the west
and further towards the shore. ThinkS they are now loc:ated
in about 12-15' of water and he would suggest there i~ n6
navi~ational issue in terms of those anchOrS.
Ms. Cheryl Creighton says she spoke with Mr. Sanford
about the project and their questions were basically about
the issues Of, PUR1P';';outfacili~ies anCl the dredged'-'mate~ial
and whether' or not itcould.aC;c:E!J)ted by the DPWand that
should be clarified before tltjp'roject was closed and ttle
commission is addressing bot" of these issuE!.S.
.
." ".,'~".,.,_. .~~.....~.;k:.,:;~r;~;.lit"~"~:'Ji>i:.i:;~;..,__~D"'~'~"":s(~?""'ir~T - ''''''-'l*:l~~<li.'~''l'~~;.;.....w.......,w..,,",6~ij,,_~~
Meeting Minutes for November 21, 1991
P~ge 14
Mr. W&\sierski asks what is the' proposed number 0.1' vessels
and how many of them wi 11 be commerc ial.
Mr. Sanford says therewon't be any commercial and
estimates maybe five mClxlmum, depending on the size of the
boat.
Ms. Creigpton says s.11~ha5"been.looking, at same old maps
and it seems to be d~lil1eatfldas Commonwealth tidelands.
Mr. Sanford s&\ysoe thinks it is land under the ocean;
it's all Commonwealth of Massachusetts.
Mr~ Anderson'~ay. it'sall regulated by 91 and they have
to ~tate theu,e and capacity in their license appl icatipn,.
MF. Perry. sa.Ylithenot,ic;.~ .refers to a dew~tering site to
drain the soil before it is, taken to the landfill as some 0.1'
the sol l!,iare9oi,,,,Sto}?e mqreta,an 50% water and he doesn I 't
see any di scuSs i 0 '7' 0 p thla;,t.
Mr. Anderson says Mr. Sanford is dealing with the
Steamship and Straight Wharf.l!egarding de-watering.
Ms. Marie SC;:,t\neltzEltrfr9A:t:,theaudienc;esuggests some of
the soil could be' li!iedsome...here else on the island-~where
their has been erosion.
Mr".. Sanfor,d says. they havJt q.redged ,before anqhe "as
f'ound most of it is ni,ce c).e.,..... .,.Tld. The only issue is, it
is going to probably be aYEtarf'rom now.
MOTION: To continue for a file number and more
i nf 0 rma t ion is made, and seconded.
UNANIMOUS
* 15. Arnold - 123 Wauwinet Road ~ (12-9)
Present is Mrs. Gale Arnold, Mr. David Haines ,and Mr.
3eff Blackwell.
.
Mr. Perry says the applicant wants to raise the house 2
1/2 feet.
Mr. Haines s~ys theisi te is, located on a barf" i@r,beaC;n
and~here isa coast'~:.~\,tl)e.o1":',toepropertYand wlit.tilre, i
wO"'I<.~ng "l(IIi thin, thet)u..,.f:i,...:zo.nct>Gf,Cl ,;;c~~t~l,. dune .Cur1Tan~~y
the si lIs of tt\~ ,~PUSEt'K;'~J'"e ...0. tt i I'lg'~\'f'~",'4Iant;st]and(;:qy;eY'"eq,nd
some are not and. where'...l!cessaryw,e'..reproposing, torep1.ace
the sills and repair ,ttlla,floor Joists..and,toraisetheho....se
up a maximum of two ano'/one half feet ,to prevent this from
j. ..:iWi1i~'~~~*w~.~t!.~: .':,: ';_"':;~1t:-tt"t~~"~~:>L.,~,;:_";~<
.-------......--.-----.-., > .". ..... ._-,-,,_._,-~_...-...,--"---~...-..~.:......;....#_~
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Meeting Minutes for November 21, 1991
Page 15
j
,
happening again. This distance was arrived at based on the
topography of the site and the fact some of the sills are 6"
in the ground and raising it two feet above the ground would
allow the sand to migrate under the house probably filling it
in with about 6" of sand. This will alsO allow access under
the house. Currently the first floor elevation is 9.'3" with
the A-zone elevation being 8 feet.
Mr. Willet allies what type of pier-swill b~ used.
Mr. Haines says 3x 3 concrete piers coming out of sono
tubes.
Mr. Willet asks what the ridge height 'is now.
Mr. Haines says ther-idgeheight'ls at elevation 29.2;
.' when they' are through it will be 31.7. ''fHe'grounCt elE!vation
in that area ranges betweehS-9'.
Mr. K,ell iher' says he' rect;?ived'acalf'from .Joanne Cur-ley
and she has noobjection':tothis........'st:.ylng in the same
footprint and go~ingup two and one-haif""'feet.
Mr. Haines says the only thing that will deviate from the
footprint is to add a couple of steps"
Mr. Perry says the edge of the ,dune is at al9proxlmately
the 11' contour;that's34' away from the house as it exists.
Between there and the house is almost entirely lawn and he
doesn't see imminent danger of dune migration hitting the
house intheneaf future. Hereceiveti a couple of phone
c:alls from people and one comme:nt was made that a number of
years ago some fill was brought'i., to the back of the
property which r.esultedin the sills in the back which are
closest to the dUnE:! being covered. The rest of the sills are
above grade and they thought bringing in the fill is the
reason itis now up against the sills. He doesn't see a need
to raise it 2 1/2'. If you want to put it on piers the
Building Departmentr-equirE:!s an S" clearance.
Mr. Willet asks the sand is migrating at the moment'?
Mr. Perry says he doesn't see any signs of migration.
Mr. Wasierski asks did you not have a new septic put h,?
Ms. Arnold says yes and that is when the dirt was brought
in. There was an enormous hole.
Mr. Wasierski says and they had to truck in gravel for,
the leach area.
.
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y
Meeting Minutes for November 21, 1991
Page 16
Mr. Willetsugge$t~ a sit'e in~pect on.
MOTION: Tocontinuef'or a sit inspection and a file
number is mad~ and seconded.
UNANIMOUS
* 16. Tristram's Homeowners - Long Pond SE48-443 - (30-90)
,
Prese,nt for the applicant is M1ch~el Maynard and Arlene
Paquette. I
Mr. ,Mayn~rd say,sttl~y h~V~. gO'1eit,~rough. "a variety 9:f
meet~J'lg.aril:fnE!gotiati.(;lns rEtgarding .this project. Notes
'llyt;hey>filed ,in1ge~tor.movea~outl0 acres of
:'(>y;itnui~nce veget4tion., (limited' to, areas" where, the
"#,ittailS have spread si'nce 1975. They are using
4,pasEtline ,and only removing,' vegetation that has
,,),~~1;"',f!t;~pE!.n.,~;.t.rs>~~e, ~a t. ' time. . The
';*,~Com",i.$i~~.n.~Itl'C:H'~~ed~,UI"Tt;he !S~at.e '~ppealed,
.':?gtir'lv",i;~,c"witt't:.il,~.t'ClSl,on(} as your arm ,with
'(J.$i st;ateagencie~~, ,'J'~~YhavE!mOdified ,the scope of
$~,redqfiirg iti~iy~~Z.kto app:ro~j,mately 3 acres of
r:~~f!ttat.ion, ',' cl.f!~,.~,rt9'i.~~~f.!'~f'ws.of~chanryf!l s:that
f;he shore. "Theya"'~,attempting to retard an
;'Ji;~i):proceS5 "o;f..;,~~thi,ln.~he mid(Ufjf of the pond and
;:l~hef'ish "poPu~a:~"l1l,~,R)'~:llowing~ater to circulate.
;.'~.';i~..reasof~he~d''''ttre is an in~reasing amount of
~scum on, the watere,.ndi t se"ms in some areas to be
~,';-~t;.,:<,,< ,':' 'j", i" ',." ,,).-::, '-,':;,' -< '" ",' .: - ': _.,'_ ,'.-, C', '_,"',:
},::iC:tlike to,open.it;~p. We, hcwee~pand.c:t ,the
p",C)p,!,ol';'~er of cq'l':'lditionstQincorporate a number of
rec:o...m,.~~tJC)nsfrQm' the sta-t;tti'ncludin9 the Divi,siion of Fish
al'1d,G.m~-;~rl~theNatyral Herit~geEnd"ngered Species group.
~houlq,:}~t'VitYbe granted trieOI"~.r of Conditions, they then go
bef'qr~i~'e-Army Corps of Engineers for a perini t to do work in
a navi~"b~e waterway and then start with the State again.
:\~
Mr. Per1"'Y comments, that he. is an abutter to the project
but ~t appears that there is not any workbein9 done in front
of hiS;I,l.....qperty. He adds thatwindo~s 1, 2 and 3 have
walkway~down to the piers but 4, 5 and 6 off of Long Pond
D1"'ive dOn.'t and they would be new openings. Wonders how the
board feels as right now ~here i. thick, bordering shrubs.
Also is some areas of'floating mats.
Mr. ;Wasiersl<.i says hE! is all for it. He also aS,ks where
the spoils are going to be of-loaded?
Mr .MaynardrE!spondsthatthe...e;:ar;:~ locations at
Massasoit Bridge and off Columbus Ave.
,I
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Meeting Minutes for Nqyember ?1, 1991
Page 17
Mr. :Perry says he think's it is a projec~ the town should
be doing and these people are using theiro~n funds.
Mr. 'Kell iher says the town used to do i .
Mr. Willet says we've supported tihis in the past.
MOTION: To close the hearing and d aft an order is
/!lade a~d seconded.
UNANIMOUS
B. AE6ULAR~TING
1 . REQUEST FOR DETERMINATION
I
* a. Town of Nantucket - Seschacha Pond
..,Mr. P~l""rY,says this is an after the fact filing for the
concr~1:epp~ts.
MOTION: To issue a subject tp Qut will not alter
Determination l~ made and seconded.
UNANIMOUS
* b. Dale - 7 Easton St - 42.1.4-05
Mr. Kevin Dale says he represents the perspective buyer
of this property who wants to take down the house and build a
new house in the same footprint.
Mr. Willet reads the field inspection. The
recommendation is to dispose of the house other than at the
landfill.
Mr. Perry suggests perhaps it could be channeled to the
housing_uthori ty anp the money that would be spent on
demol i~hingthe hO.~~~ could; t,>eput towards moving it to a
location that someQne could use_, ",ptes it is probably, not in
our jurisdiction to" compel sUFhactipn. It is not his,
recommendationtor<<equire a nptlcebefiledas they are using
the same footprint.
Mr. Dale !Says they will make a good faith effort to find
some.one wMo wants th is house. ,The house i,s rather modest and
he f's not !Sure wh~t the integrJ~y of the hous,e ~s. Also "asks
for a limit line of about 20' towards the harbor to Wtlrk
around.
Mr. Perry suggests that the~""use a limit of 'work mar~ed
by a snow fenc:e which is 10' behind the deck.
I
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Meeting Minutes for November 21, !991
Page 18
MOTION: To issue a subject to but will not alter
Determination is made and seconded.
UNANIMOUS
* c. Bohan.- 8 Woodbury Lane - (42.3.4-160)
Present for the applicant is Mr. Leo Asadoorian and Mr.
David Haif'les.
Mr. Willet reads the field inspectionrepprt.i~i!=h_~~"
there seems to be genera 1 agreement on the weinanCf I:)o,.,.rw:la~y
and recommends a posi t ive deterlQi nat ion that!.a, Not'~,:;.:be
flIed 10Y'" the house construct ici'n ~ ' "C".
Mr.. Perry says he took a crude sketch of where~he'"50'
t;)t.,lff~r~~'!~kand we sh9uld~eepin mind when the<no.~~ice";mofftes
i~\tha~,,;,~fte. .10 t ,i s sma 11 and there i s n~t ", much:r~~",:~~iiZ~S~~. .
th,."e, ,',',h, 0, u,'".'"",.,."'"O,,....tside of the 50 I buffer with 'the' fro,'n~y.~ct'.?1'"
se~-C?..~~~~:~lso should\keep~n mind the open spac~the
subdlViS'ion did have and that it is in town.
,.,.t1r'~.~sadoorian says they are also a I ittle. restrh:t~d
bec:au.., of the easements on both sides.
MOTION: To agree wi'th the wet lC1lnd boundary and issue
.a positive Determinatiof,l isr made and seconded.
UNANIMOUS
.fr_.
2. ORDER OF CONDITIONS (full1;ex1; is in files)
a. Ledgewood - 355 Madaket Rd"- SE48-670(60-130 a. 134)
Present for the applicant is Mr. John Shugrue.
Mr. Shugrue comments that #14 and ,#18 seem to be in
conflict. They asked for an enlarged deck on the sfde
furthest away from the dunes.. They have no problem if the
commission wants to disallow the deck but suggests a 5 X5'
deck and a set of stairs to access the house.
Mr. Perry asks if that is shown on the plan.
Mr. Shugrue says no because with the deck w&",didn 't'heed
it. Adds he is going to submit a new plan and will include
the small deck and stairs.
Mr. Shugrue says #19 you are prpt>aply overstepping your
bounds.
r
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Meeting Minutes for November 21, 1991
Page 19
Mr. Perry says we're is~uing ,a waiver.
Mr. Shugrue says yes and he earl agree with this if we can
file and come back to a later commi$sion. J'ust doesn't want
this to be able to cut it off.
Mr. Perry says he c:oullCi,jdd 'in the present location'; if
he's willing to pick it up'and'move it, ithenhe can expand
it.
Mr. Shugrue says or youc::ould add 'without filing another
Notice'.
Mr. Willet says he does have ~heright to file.
s~~r
Mr. Shugrue says whether you 're going to grant it or not
is another thing.
Mr. Perry says this selves the entire effort of h!ilving to
.,lle and havi nQ the,cQRunissfon dtlllbe.,.i...e",,,d,i.deny' it ~nd get
appealed and go throughth~ whole court pr(iJt;'ess... , S>ince a
waiver was granted we~havethe right to adc;lconditions in
addition to What we normally ean for- a no l1+WiHvet' project.
Mr. Willet concurs if he wants to mov~ it he has plenty
of room.
Mr. Sh....gru. responds o..'k.,add 'atitsc::urrent locatio"'.'
He I s sure if he asked to niibve it he woc.Hd have the per-mi t
with no problem.
Mr. Perry says it was suggested thatlnst'ttad of the
addition being on the side of the house that it be swung
around so it is entirely ththindthe line of 'the house.
Commissioners agree.
Mr. .Wasi~rski says he doesn't understand why it can't be
the furthest awayf',rom the dune, which would have been that
side.
Mr. Kelliher says that's what we hadagr-eed upon.
Mr. Shugrue says no it wasn't,'we had agr-eedontha't
plan. You just denied a deckol'lthe opposite side of the
house and now you want' to put ttheaddition over- there'?
Commissiol'lers discuss and decide the plan is what they'
agreed to last time.
MOTION: To approve the' order as dr..,ted with thef
noted changes is maCJe al1dseconded.
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Meeting Minutes for November 21, 1991
Page 20
Yes - 2 (Kelliher, Hussey)
~No - 1 (WasierSki)
Abstain - 3
AODITJONAL SPECIALCQNDITIONS
Le4gewaodRealtyTrust
clo Lawrenc:ePfaf'f
DEP FILENUt1BERSE4B - 670
AS~SSOR' S i'1APhO ,f'ARCEL130 & 134
355ttadaket Road
UNDER THE ~rS.WETI..ANOS PROTECTION ACT
",j... (I1GL~Jj",'31.' ,$EClION'tO )
ANlJi:'fHE WETLA~S<8VLJ\WtJFTHETt:JWN OF NANTUCkET
,:[' ' (iCIJIAPTER 136 )
FINDINGS
" 1, '. ~
1.) .The, ta,'io.fthesand: ,dune ~~Ut5, the southwesterly side of the
exA s~;t~:<;,'dwe 11 i ng . - " , '
2. )
. ' ,,:.;'~\!>: ..'
Ttu. AIt!!f",e{ing bui ld i ng,
e?<istJnocondition.
, '..:"-'.' "''-'':,'..".,'.: .,.",'. ,-' '. .. I
;:;~<4>:::
1"1';"~
is/run down and not habitable in its
Therei)t~.~~.lbeenconstruc:tt~).,.c:t ivi ty, spec: i f'icall y a septic:
~y.tri~'f~lace"f!nt ,wi:thi,~thejur isdic:t ion of the Commission
;'i~:~'~~lil~,~ic~;;i'f',i,lioo UY!ldt!t';,~'~~..".t"e St.teWet lands Protection
'ACt':~',Qt~;:L~~,",e local N.ntuctk!i~\"et'landS By-law.
4.) The re:fi<:JCJrce area to be'Jmpacted is classified as a Coastal
Dune'~f'u'..r 310',CMR 1(>'28..",<
",.C',":
, F'~"':'::; i~}: :. '.. f'~' 'i
3.>
5.) Thisr,Ei,$qurce area 1!J iill..,. clas51fied as acotllstal dune under
Section 2.03 o,f the Nantucket Wetland Protection Regulations.
WAIVER UNDERil'HE NANTUCKET WETLANDS BYLAW:
,.,,,
TheC~mmis.j.',rl hereby grants the applicant two waiverS from
Section 2~03(')(2)of the Wetlands Protection Regul~tions of the
Town of Nantt.lcket, under the Wetlands Bylaw (Chapter 136). This
section re,t.:I\,ti..r'ies projects which are, not water-dependent to
maintain at least a 25-foot natural undisturbed area adjacen~ to
a coastalch..&ne. The Same.ection r,equires all structures which
are not watf/tr';')dependent to pe at leas,t 50 feet from, a coastal
dune. Therefore, this sec,tion would aClplytothe prop(l)s.d
addition. However, there, has been a clear and convincing showing
by the appl,i..(j;.ant that there are no reasonable conditions or
alternatives that would allow the project to proceed in
compliance With the regulations and that the patio and
dec k Iramp IS~i.a,i.rsc wi 11, asc~nd~ tiQf'\eu;t.t;I@ve,have no adverse
effec: t upon..ny of the inter-,es.ts pr~t:ec:t"d.bytheBvlaflll.
Therefore, these waivers are granted uttdet" the authority of
r
~Ht~f:WFr,?-""i~;~"~'":'."',';', .;
,,;;;;Sf.fl(f1~~;!:'i;;,' .~.~c.:.""..i;:::d:L:;;..:,.,.::.::_~...,.. :!:;:if;t>:i.\:';lilJ1:-:'~:.~~:~:i'!<'~"'i-'>--'~..~ ,__jnll.;~~~z~..~~,~.::~~;~:~;g:!'; , ...;........
y
Draf~.Additiqnal Special Conditions page 21
Sections 1.03(F)(l) and 1.03(F)(2)(a) ~nd(d) of the Watlands
Protection Regulations of th~ Town of Nantucket.
###
b. Bordes- 12 Oakland St- SE48-664 -(59.4-1e'-19~, etc.)
Present for the applicant is Mr. John St"auoruf!. ~
Mr. Perry says we need to decide how many bedrooms.
Mr. Willet CQ'mq)fl'ot$Jhat he thought thoJt the'CQMi.ssion
had agreed upon:si)( bedrooms last time. ,.,',--~
Commissioners discuss and the cop~ensus is 6 bedrgoms.
Mr. Shugrue commen~s tnat you are going to cQ~rt .t six
bedrooms.
Mr. Shugrue says h,e has add i t ional problems with the
order: #15, where it is ~n your ~\Jrisd:ictioA hetlas po
problem with it.
Mr. Willet suggests we state w~thin our jurisC;tictlon,
even though it is implied.
Mr. Shugrue continues with #18;~li!dC)esn't mi!,d Mr.
Wasierski inspecting the pipes wit'1irihisJurisdiction I;tut
his jurisdiction is defined by state statue.
Mr. Wasierski says he agrees.
Ms. McColl sugge!iits we stipulate a pressure test by an
outside tester which the homeowner will have to pay for.
Mr. Perry says the prOblem is this is a system that is
going to b,e entirely under wat.r; suggests the order be
written 'by the commission or its agent. I
Mr. Shugrue says #19. He would like the field' fnspection
by the commission. and the owner's representative show 7
bedrooms and a sleeping loft in'there. You can limit down to
whatever you want.
Ms. McColl says the question was whether they were legal
bedrooms.
Mr. Sn....grue.Says as far .',..' a$ legality goesyqJ.l-t"aave to go
back to codes i., ." effec t~h'fl!/~~ytne house wafl,lf:t-ui ld. That
house has been there over th'irty years. . ,
~__..~...:.;...;...;:~~,;;_~~~""~,,,~~~~,~'~~~~";"~'~-'~\fM~.~~~...-.;.~~~';'"~~~~.:~.__...;;~...,~,.__:.~";"",,~__,,.-,_,.,_.,.",'_ ..."""_>:.:.:.-"...._,~__~..~,~,~._
y
Draf't Additional Spec~al Conditions page 22
;Mr. Willet says he thinks the C0l1se1,Sus was 'I:> and we'll
stay with that.
,Mr. Shugrue says he would like what/we saw at least
acknowledged.
Mr. Willet says you presented your
seven bedrooms and a sleeping lof't-~it
interpretation.
nterpretation of
aried from our
Mr.,Shugr:l;lesays,#21h,~wC)uld
'provided the net:essary variances
Board of Health.'
like ~o add the words
are~ssued ~y the Nantucket
Mr. Willet says and that is all taken care of, right.
Mr. Shl1grl.1esays no, they haven't even been applied for;
we plan to apply for them, that's why I want to add those
words.
Mr. Perry saysMr~Ray spoke to DEP and I')as made a
recommendation to the Board of Health and it depends on if
,thetgoal~ng with it~ Hee)(pJ~,inE!dto DEP that the
expansiion"area was in the wetbu1d'and DEP said they didn't
have toconstruct.it.
Mr~ Wasierski st.1gge!;ts we get a letter off to the Board
of ffea1th and from DEP as welL
Mr. Perry says the Board of Health is going to handle it.
Mr.' Shugrue' says #23 regarding inspection of the septic
system.
Mr., Perry suggest!i it be worded, "it is constructed and
the conditions'in,#lE:},have been fulfilled prior to the final
sign-off of the bui lding' permi t.,,'
Commissioners agree on the wording .'
Mr. Willet asks Mr. Shugrue if there are any more
comments.
Mr ~ Shugrue says, he, ' doesn I t 1 ike ,the number of bedrooms
going down to 7 and hewil1 be in for ,a tape of last week's
meeting.
MOTION: To",t:9fipt the or9~t"';'as drafted with noted
changes i smcid.and seconded'~
;;:,"".'f;,',;;'-:,'_:'"
UNANIMOUS
i~.':':~~...'~":"''':''':;'''..\.. ........ co;. .;;.;;;,.~';"\'-;,.::",,'.,~~ ~~:~;;::~j:~~;,j;',.::ii';"''';-;':~'{.'';;;<i_;~;::ti).~~,..~~:.::::~;..:...:.:..:;.~~..;.,;.,~_.....,._~___._.~_._ ,~_. _:._....._,_.
.,
..~IAL,,~ITIONS
I.'~tie""~de5
$E,48 - 664 I
ASSESSOR I S MAP 59.4, f' >" "Ifj,-t91, 255-257, 263-26~
l~Q~'.nd.$",ree" , ' '
UNDER THE 11~.lflS.i~PROTECTION ACT
( I16L '.", . ,"",'.,. 131,~eTION 40,)
AND THE WET~::.QF ,.1JE,.....OWN OF NANTUCKET
(i' 136 .,)
WAIVERS UNDER THE NANfuCkET~aBYtAW:
~11..J.t:i :;,-
~~: ~:~~~~~~: ::r::~=~t~~m,!~"fIli~SiO?rJ~,rebY grants the al"l icant
1. A waiver fromS~C:'ct'~ori"~.9q(B)(4) of the "Wetlands
ProteC:,t ic:m ffet~t&1"~~;:f?1~th.,jt()wn of Nant(.tc1c:et '\Jnde,~
the Wetlands BYl.~"'.,~t.y-l'3~),., This section requires
p~o jects , which .....+ Jjj\Wj~......~ctep~"dent tomai "taiTt' a't
1 east a 25-'f~()t.n~;~i~",~be(j Clr...adJ"c~nt~9a
- Sa 1 t Marsh.d '.. t~'~J~nr ! r-i9Ui r":~l'l'lCj'1itrue1;~.1S
which c1re.,Cit w~;ci~"t,of:o!beat'lea.t ,ofJiet''from
a Salt MarSh.Tff., "., e~s"wo",ldapplyto '~the,ipWopo;!sed
ninety square foPtliticm to'the existing dwelling and
the small deck<"*~" ' ' ,
\'--'"
2. One wai verfrom~..n3"()I.t(J3) (1) which requi res
projects that, a'"~t.~~'~:~(i:!~P.,~,t, of Isol!iltedLand
Subject to Flooji;i,~'~~~~lJtj.il!!etit() the regUlations set
forth i nSect iOl")~}i'('Je~t!tattt4 Wet lands) of the
Nantucketw.etlaott': .(:tionRiiulations., This waiver
would preclUde~~,,{,,<,,#ft..l~...!V'T to Section '3.02
(8) (4) requiri'?\l~,;>",~()9'foot$.parati()n between a
septic If!achfaci~j:~y'':;atld aveIJetCilted wetlCilnd. This
waiver would befot~cir1i:' in the buffer zone to the
isolated wetland.
The Commission notes that tri4ithousf! is an lawfUlly existing
structure and due to the cOrtstraintsthe wetlands place on the
property, there has been..c:~t!..r'c1lndconvincingshowing by the
applicant that there ar~,?():J'~'e..sbnable conditions or alternatives
that would allow the projE!'e~,t'~ proceed inc:ompt~ance with the
reg~lat ions. The propo.ec:l~'.~)( (6) bedroom septIC:' system
replacement wi 11, as conc:Ht:"loned above, have no adverse effect
upon any of the interest$iptc.tected by the Bylaw and will result
in an improvement overth~~;xisting c()nditions. To deny the
waiver request would r~$tr"J'~:~, the us.e of, the property $0 as to
po tent i a 11 y const i tute." . t~k"i ng w i t~ou.~:' COlJlpensat ion. "Therefore,
these waivers aregr'antedunderth~lauthority of Sections
1.03(F)(1) and t'.03(F)(2Ha), (b) and (c) of the Wetlands
Protection Regulations.
...
:;,:h~- - --, . III
'1.-"-'" 'IIW~ -.'-.f-'"':"~,-~_...c.:"~Joi;S$~'w,,,'~~;",",,4.~ ,i.i;,~~,,,,;..~<<&.,;'';','''''~'~' "._';"'-~""".i>...,.. -.....'V'-"""""';'"
,..... . ,,' .....,.,
Add! 1:ional SJ,'tec:,ial Condi 1=ionsp-.e 24
c. "Robi Blumenstein - Squam Road - SE48-673;>-;- (21....120)
Present for the applicant is Mr. John Shugrue and Mr.
Arthur Reade.
Mr. Perry says he and Mr. Reade, had a discussion on #21.
His worry is we have a large piece of property and a large
building ~nvelope that if they miss by 10' they are within
50' of a wetland and need a waiver. The intent~a.to ,make
it clear they have plenty of space to not need awaiv~r.
Mr. Reade says no problem with that, his only problemas
he discussed it with Mr. Perry is the wording; obviously
we're notfj;Jetting any waivers because tile haven'ta,k~d for
anywaivel"'~ and we know that if there was any r.asontllhy we
l'Iee(:led one we would have to come back,beforethi"c:o.ission
aopa,s!< for it. As 10n9 we can get s()mething ttlat>b."ic:ally
saY!ji,th,at;wi thou,t sayingthe,c:ommission. issomew~at,,~ying its
ha.l'l~!lt, and the tlands of the future' commission toev.....'9ive a
w~ry~r',. ,even i=tr' it made a lot of 'Sense 1:0 everY~edY~P9ive
one, he thinks we could come up with some otherlan~uage.
Mr. Wi llet says he th inks in th,i s contex t i t".,l!,iL perhaps
not necessary. ~ .
Mr. Perr)'says as lonq as the intent is underst~od; they
havep let:\~y of, space there.
Mr. Reade says if they miss they've got no excuse; he
.agre~s with that. Ttleptherquestion he had wason #16, the
uses of fertilizer further ttlan 15' from the house being
proh:~bited. He would 'like,t,9 h.;l'v'e something added that it
applies to the portion of the lot within wetland
jurisdiction.
Mr. Perry agrees to a,ctd the words . wi th i n the
commission's jur isdiction. '.
Mr . Reade cont i hues wjth, #15 and says your, reg,s call , for
a 25' ratherttlan a35' l.1ndisturb.d buffer zone andtle
doesn I t know that there iScilnyparticular reason why.il
should be greater than whattt)eregs call for.
Mr. perry says the regs call, for a 25' minimum buffer
zone and thecommi ss i on, if thepo$.~iq i 1 i ty isther. :toa.l,l9-w
.' ',.'-"!.:-::-:' . ,.-' .' '- .".. '--',:'.-'.',"'" ';"
more than that, can require it. Thirty-fivefeetisnpta ,', ~
lot. They have, two building env~lpPfl7S0f 10,000 sq.,1".t<~"'ilC"
that are outside th4!! 35 I and the~()'.,,~1;back. " Cons~ct"'ri~:'
what's gone on for the clearing that's happened tIIi~,,()~t .
coming to the Commission ... '
-
.' ,
_.. -
_.~..-. . ~ ,........................ ~ -,-',
I
'-
A~ditionolt;?pecial Conditions page 25
Mr. Willet says he doesn't think thirty-five feet is
outrageous.
Mr. Reade saysthat's all we have.
MOTION: To accept the order as drafted with noted
changes is made and seconded.
UNANIMOUS-
ADD I,T IONAL SPECIAL ,CQNl>.ITIONS
.....,. 'fk>>bi .',,'S~wneJ'l$1:;ei n
D2P:f:'t~' ',.'~.", ~~"'''''673
I\SSESSOR.S"MAP '21.' P~L 120
:' '" ", " ", '0' ,
S'qu4llm .'~~cl~ ",,' ',',' ,,' '
ONDER THE, ~~TS ,~At.fps~ROTECTION 'ACT
(I1GL~R 131 ,SECTIoN' 40 )
. .,.... >"""'_:' ".'.',- '..' ..-.,': ".:_ _' . ,,--_. ....-.. :, '. :n::t _'.' . . ....;
AND TfIE WETl.MDS QVl.AW\ OF, THE "TOWN OF NANTUCKET
(:~TER /.136 ')
3. CERTIFICATE OF COMPLIANCE
a. Godfrey -3e5 Polpis Road - SE48-415 - (25;;"40)
MOTION: To continue at the applicant's request is
made and seconded.
UNANIMOUS
b. Hoffman - 16 Tautemo Way ~ SE48-665 - <83-14)
MOTION: To issue the Certificate of Compliance is
made and seconded.
UNANIMOUS
c. O'Mara - 240 Polpis Rd - Se;48-480 - (26-23)
MOTION: To issue the Certificate of Compliance is
made and seconded.
UNANIMOUS
d. Doubleday - 28 Easton St -Se:48-625 - (42.1.4-14, 15)
Mr. Wille~ reads inspec~ion report.
Mr. P~rry.~'.:lysthe onlY.,c:9rnmentother th~nt~~ Field
Inspec:ticinR~po,rt is that we insisted on no la"dscaping in
the 25 I buffer-zone because,~e.w~re worriediCib~U,~,thel awn
QoinQ riQht to the bulkhead-~~hesod lawnQcies~itiht to the
,.............,....., -...,........- .~.i{a;,..~.II.;.....~......-....l"""':.~~..:...-:..;""'....._......__..__..-......_.._._'..._....:._..'"-~..,_,-,,,,,__'___..._...''''.,, ____,.. ,.. _:,....___;...~.----...~~ ....-.:.u.-- -..' ';,. "....~"".J;;.L-. "GIo.iJa.<-J,;_...:&, "'~""':.'~":"'''''''''''''.''''-~If~''~~''
l'
Additional Specia,l Condi'tions page 26
25' buff,r so it is important we keep the buffer zones
togethern
. OTION: To issue the Certificate of Compliance is
ade and seconded.
UNANIMOUS
e. haw - 117 Baxter Rd - SE48-479 - (48-9)
Mr. ferry says he and Mr. Will$went out there today.
,The only. differenc;:e ,in ~.t .",al$capproye~ i~> they moved it 5'
further\awaYfrom the lot 1 i,,,EiJ. ',The 2BA,. allowed'thelDa zero
sEiltt)aclstotheir line at Baxter Road and theYididn't go all
the way back . It does" "t have any great effectof"the;
pr~jec;: t. The bank " what' s left of it"iss~abi Ii zed and is
cn~ying ~losfi!r to the h()usewi th every.s1;orm.Tht!re:t~Lan on-
going abo,ut no coastal revetments, etc.
MOTION: To issue the Certificate of Compliance is
made and seconded.
UNANIMOUS
Mr. Perry notes there is an on.....going condition on no
coastal r.vetment's.
f.
McMaster - 26 Western Ave -SE48-362 - (87-77)
!:.l-
MOTION: To continue for a vote on the current Notice
is made and, seconded.
l.,lNANIMOUS
g. Wi150n - 32 Codfish Park - SE48-15e - (73.1.3-9)
Mr. Perry asks if he can include a letter with the
Certificate stating ithe ,fact that there's only 2Q' betw!'tin
the hous.eand the bank and that it is eroding and that there
is a coastal revetment clause in the Order of Conditions that
will be on-going.
Commission agrees that would be a good idea.
MOTION: Toi~stJEiI the Certificate of Compliance is
made and secor;de'd.
UNANIMOUS
h. Cameron - 30 Stjawkemo Road - ~4a-643- (27-2c)
Mr. Perry says both,filesneed...~S~uiit;$.
...,........_.~__._.....:--.._.~_. ..-................'---_-4'..._... ~>__._"._.. _..__ ~_ ,___'. .~.__~~>_~..............._..._
y
Additio~l Special Conditions page 27
MOTION: To continue for as-builts is made and
seconded.
U~~N I t'I,OUS
i . Cameron - 30 Shawkemo
- (27-2)
Mr. PerryscilYs bO,th files
d as~builts.
MOTION: To continue fO~ as-builts is made and
secOnded.
UNANIMOUS
\
4. EX,~SION
a. Dooley ~ 13 Polliwog Pond Rd. - SE48-447
(55-422.4)
Present is ~r. Doo 1 eyand Mr _, 61 en Wi lIs,.
Mr. Perry says this is a second ~xtensiom.
Mr. ,Dooley saY$the driveways, are in and the sewer li,nes
are in and. what. remains is house cons.truction.
Mr. Wasierski asks if the wetland edge has changed.
,.,~r. P,rry says he, doesn't know;" if anything it hfls
prO,bab~ye)(pandeda little becau~e it filled up the flood
storage area to the drivEtway of' thene><t lot. Adds the
building envelope is pretty clQse to the we~land boundary.
Mr, Wasierski says this was under the old regs; however,
he has no problem with it.
Mr. Perry says itwou~Q probably require a waiver even
under a new notice ,because he doubts if you would get 50'
away. Says we could suggest that ,whatever structure is built
there start at the northern setback and works towards the
wetland.
,
Mr. Wills notes there is ;a revis,d footprint and they
have moved it back up into ~he bac,~ setback; it will probably
be J 1. ' .
MOTION: To issue a one year extension is made and
seconded.
Mr. Perry. notes this is the last extension we can issue.
UNANIMOUS
Add'itional Special CanclU:ionB page 28
b. Jones - 50 Squam Road - SE48-542 - <'13-31 S. 42)
Mr. Perry says this is the first extension and nothing
has changed. They have a waiver under current reg....lations
and the septic is outside of 1001. Recommends the extension
be issued.
MOTION: To issue an extension is made and seconded.
Yes 5
No - 1 (Wasierski)
5. Ol:~>8USINESS
a. Anapol - Pennsylvania Ave. - SE48-192 ~ (60.3.1-17)
P~.sent are Mr. Anapol and Mr. 30e Forns.
Mr..Forns says he has gathl?red histOT"iCalinfor'~~tiC)non
theacce!is to the property a~~ would like ttJdi!ic::I.1;5~h.C?wthey
can ~a'+l'1ta i n that access i nc:omp 1 i ancew i thth4!pra.r .,''}~haws
~ow ttl~area was once maint",tned and ,is,no longer'mai,n~ained,
Wheret'h~break was and thebverali ,topography. (Jv.t";:~lme
a~c:r.t.ic;J:mhas bai It up. Shows a plan of' wnen''tliefCt.cJ&~jnt
ri'ht:l:n~o the house j._n 1975. 1983 it was the same way.
,:;::y;', 1:~-t~~\rr:
n,_,,: I"'. _,
, ~r..~illet says that approach has been very well
e~ta~lflJ.l;'1ed that Mr.. Anapol feels ithas always been that
w.k'~';'FWh1.t we want to discuS's is how can we stabi 1 i:ze this.
.:::~(~"; .,~. ~,;:::.r
~r~f='orns says he is proposing'Z-wall formations using
!inow.f1...,~es to redirect a lot, of the energetics. ,,' Points out
an'atea lOn west side of house> where the mat,erial is down
almostt() marinle deposition. ,Shows the live portion of the
mor~,co.rseand granular sandl The increases in velocities
wi'th'winds will move this material so it has scoured most
everyt,h~~g out and produced~n accretion. The dune form
whi~hisi~;a vegetated formatiion is clearly established in
other ~r.as with the density of the grasses and it is
accretino. The bridge is not a dune formation, it'siii
connection that has formed in the interim. It's just a wind-
blowscolJr. Our proposal.to maintain that access would be to
regrade,Lbring it down to a basement elevation that would be
accept~ble, following the natural contour and the grade,
bring it down and do the same thing here and revegetate along
the sides and in this site here. The idea being that you
would drqp out most of the material before it started filling
inand<w,shing its way down that way <toward Rhode Island
Ave)'" 'iI~wou 1 d be within the 8 I opening that originally was
establi.sMed there. The way to do that is,similar to the
projectne did at Brant Point where, they laid a supak down
""~ .'.... -t' ";.. . ~. ~ " .... -. -d":" '~,-,-.
.~...,,~~_ ,,,-"':,~"'''''~'''''''-''.-.l:.''--'..'~ ~d"'.N..'-J.~'~~~'.~"i<<'''~~ ,y;";;'_';";'" ." .~ ,",. .... '
.~:....
"
Additional Special Conditions page 29
which is a. texture cloth and then put a native stone d4;J,st on
it to stabili%e it .and it acts as'a drivew!$yand then add the
fencing on either side so you dorpt tear it up each time you
use it because then it will just keep blowing. I thin~ that
will work out quite well. It won't affec::t a'nyj of the >'natural
processes that 'are there C!lndby l:omingout ~nfront any
,nater'ialthat blows out will settle outartd decrease the
backscour side.
Mr. Wilson asks how can you guarantee it won't have any
affect. I
patt:~~ ~~~:$ W:~r7:~dw:tl~e v:;~~a~:m~i:~:t:::Y~;~dt;:t it t}
establish what willhappehis'most oftn. time the wind is
blowing and it's about 18'" off grade. 'thebigeV4i!At that
does a lot of dam~ge that you 're not goi'ng to protect it with
anything; mos't of the time it's the little event$ that do
that and it accrete, 'anCfac::c::retes and if you ct'a., get a' good
established vegetation, I think it will hold up pretty well.
Historically it has worked.
Mr. Perry asks what has worked histo~ically on that
house.
--l'1r. Wilson says thi 15 just shows a pat'tern. They don 't
give any indication of how deep this is.
Ms. McColl says last year this waS a primary, vegetated,
stabilized dlJne. Was not ju!!ft windblown sand filling a
driveway that had been maintained a year or so before.
Mr. Forns says he dug down and did borings and clearly
there's no foundation to the accretion that closes these.
Historically it's been open.
Mr. Perry says this closure
storm <Oct. 31 - Nov. 1 storm).
any base because it's only been
dug out in June.
occurred during the latest
That's why you don't find
there a f,ew weeks. It was
Ms. McCo II says it was dug out: in June so .a 11 the
vegetation is gone. So now there is no vegetation there.
Mr. Forns says this is the historic access to .the site.
Wouldn't you do that every time to maintain your driveway?
Ms. McColl s,ays it has not been maintained for years.
Mr. Willet says there is SOMe other access down in frq1'lt
of the house.
.. .
,,' "",liil:J""'"~"~"'''''''~'''~''~~''~"'',"'~:;ii,.~.li;:. .~,w.",,,,,,v-,.~.ti:::iIi./;..~"~~~~~~_....,,,,,,~,,~'o.lif~'.;,,,,,,,."':,,",,~~"lfi". . '~..~'"
Additional Special Conditions page 30
Mr.Forn~.says right now the property lines don't; allow
you to goacT'oss someope else's property.
Ms.. McColl asks him to ppint out the access in 19!J6, ,the
dr i veway tha t went to the hous~ in t976 throJ.lgh the
vegetation. Shows a picture that was taken with the Anapol's
or someone's Cadillac parked there.
Mr. Fornssays he can't say because he has a 197~ photo
that shows a driveway as well as '83 and 'ss that sho~ very
clearly the 'road going to it. Continues he'll go back to
what yOJ.lT':c;:oncern was: c;:an you accef,ls the property another
way.I'm~aying you can't both b4itt;ause of the property
lin~!,. .yqU>t'lav~to go across sO,meone else I sproperty,but
seCQridly, "when you shave that veneer and then you break i, t ,
::"'0,_,.",,,_::1,_',',',
tt-,,,I,,y~~..S1:a.rttrench i ng , it and then break through, then you
anrt....,~~,~ycausin9 a problem. Shows a veneer on the
so,uthWHt, face which is right down to marine deposition,it's
rieii.'! l.ivAI.. '. "
,"P':1" ". ..
.' Mr.. P~rrysays you mean the area that they had the
bae:klloe drivingarou"d?
.:..Ms. .McCo Ilsays the way they acces.~ed the property the
ot'.,1"','~~Ya.fteT' the big storm they brought in their s....burban
and ;,bactkhoe?
~,HrMr+i Ferns says that's not on a permanent basis; we 're
$ayiJ?9;this is the permanent" way to do it.
Mr.' Kelliher says i.f you have this driveway opened
Pf!rman~ntly,the san4-d is 90ing to permanently blow down here
past " tt;le house.
Mr. Forns says not if they maintain it with the fencing
anQ vegetate.
Mr. Perry says didn'tthey have snow fencing around, the
house before and what good did it do?
Mr. Forns says what, happened is it didn't stay there and
this scoured up.
Mr., Wi lson says perhaps the mO"'~,would be to establ ish
this fencing, seeif.~tlJs doesactu.al1y stabilize and ,then we
c:an starttalkin9 abol.ithow to get into the lot. I don't see
as there is any guara')tee. You're,.ying this will not
change. This will be the permanel"lt'acc:ess. I don't see how
y,ou can pr()ve thatt()..,~f,l~ That we ,cap depend on your word
that it is'going to Work.. '
y
Addi~ional Special Condi~ions page 31
Mr. Forns says rig/:lt now I feel the backscour is an I
emergency because they'are getting dbwn to the base of the
foundation.
i!
Mr. Kelliher- says that is caused by the break in the
dune.
Mr. Per-ry says if he hcadbrought sandin instead of
p I a y i ng ar,ound in the sand dune then it wou 1 d have stopped,
it.
I
Mr. Forns says without vegetation I wo....ld agree with you
~~t t~: ;~~i;:,gi:::.w~i~~~~mt~~=ti~i~a:hr:u ~'~.~~~l~.ai',eet~~;
case it will be a ~r-oadway."
Ms. McCo 11 says but this house doesn't have aroadw,ay.
It has a footpath. Which is; why 'it h'as stabili:zed"around the
house because it is not a bltlwhole.
Mr. Fornsstates ,it ,~iJl'not b~;;a;L~lqwh:o:t.;ifi t"ls
maintained' with someth inc,;fithatwrri n!.iduc:fithe frictional
forces. Stru<ttural1y ,t"e"~"fenci "Cla-nd plant'l.t wi th
vegetation. This wassho:wn C)nly for"ttiepurpct!ses of sayinCiJ
that's what it wa,sin'th,e, designtlut, if you move it, it won't
hbe a b lowho Ie.' And you have the ~--wal} type .Wha't 's
happening is it'sbafflect and it will work.
Mr. Perry says nOw,it comes up here and jogs back
way and all it is doing<is blowing right out. Idon't
how putting snowfenceis!going to make a.ny difference.
already have a baffle situation there and it's zipping
as fast as the saY'ld can move.
that
see
You
there
Mr. Forns says no, it's only going around and scouring
out the back and going out. If you bcaffle this and protect
this then you can contain it ~ll.
Commissioners say let's do that first.
Mr. Forns says but in the meantf'me you have to have
access to the hOUse.
Commissioners say they already have access...they can
walk.
Mr. Fornssays he doesn't know, you have a letter from
the Fire Chief about that.
Commissioners say if ther'e' is anemergenc:y you can get in
pver here. This' Whole area h-a.sdif'ficult access.
,,~_........~";"."_.,j.;;. ..;.,_..:... .~,. "'_'_' . '.___ _ c_..:.-~~_..,~,.;;"","".__-.~_..,j"..C~~"';;'~"~''"'~ ~"'" &:At:,..,;.a;.-~-~""''''-'''''''''';'';'rn..r~i~-;;,~...r~~::.:~.;~~ i~.>;: _;:;;, '.:,-,~ .....J;.:-~. ."":.:~:...;_"....... _..~..;..~_~___~ '- ~ ._._,_, __....~
.
Addi1:ional Special Condi1:ions page 32
Mr. Forns says if the applicant wants to do it himself
and he's got an order of conditions that allows him to do it
and a certificate of compliance that says to do it he doesn't
see -why you say he .can' t eto it. Now if he does it and it
turns out there is a problem....
Mr. Willet says. there is some disp....te about the: order of
conditions.
Ms. McCall says he has already done it and it has already
caused a problem.
'.,...-..... :>"c
Mr. Forn!1isays tha:t'st.f1~:point. It Wc1lsn't engineered
completely. It wasn't follo,wedthrow,gh completely. All they
did was open it.
Mr. Perr.y ..,says ...tijerf!w.......pr;,otpleeo"there bef,'qre"any
driveway wasever,done.l)Th~y'put,the secondstpryon.
Part of the 0, rd,er ofco,,~,," d, lti. on,$, ..."',a,s,, they wer"e, ."""t",o",ma",."J,:,n"t""."a"inthe
'. .... .... ,'. '.".' .."'."..,....-.d:.>.,_'_... .... ..' ............ .......... .................... ........... '.
area and thatwasn')~pq"'~"~iOp,"',~q4~1 yther~'hasn,'_'f'be.l!t'very
much mai,ntenance, dg~e,~..,.i~~t~r.~(~f.,ct\J..."sta"iU.'.at.i:4n p,ljan
since 19aO.~ehavei...P~~.t~f'$I!,..J'1.r.i'" 1976tfhlt alniadryo
shows the house in sand..
Mr. F,orrls~ays not mine,
that came fromth. ,Iy a year later anp'tnere-is
a roadway. But thepoln1;i.".>>,ou're looking a,t it from a
ful,l p.rspective, .,not'~'-!ls~'i.,~~~~\'Openingbut actually, putting
ioth. snowfencing, veg,~~ ';'iJj'"l ",gq;ing, pQwn to the southwest
side an,d doingthes........G> ," ,,',. "",:..,..4 stabilizing it, bringing
t,he amount, of fill t() b'r$.i....:,;t:ti..:.grade up, the sand up again,
redirecting that sand,alst1,!itiilb~lizing the roadway so that
the roadway doesn't become. ''tunnel, then I think it wi 11
wor,k. I don't think, y~uc:",ij tell a guy he can't do it.
Mr. Wasierski says let'!i [!ie~how much you can build up
over the winter.
Mr. Perry says what stabilization have they done in the
last ten years. We base anydecisionhe,re on past
performance. What do we have to go on. A house that used to
have a dune at the elevation of the door because there was a
problem ,with windblown sand, theycp....ldn't open the door and
that's what the notice talks about. We've gone from that to
one that is down to the foundation footings. How is that any
past performance for the c.ommi!1isiont;obase its decision on.
Mr. Fornssays what 1'm saying now is how to rectify the
problem. I came ,i'1toit,aweekag9tlooked at the hi!itory,
and I know ti'\atyoy, can redirectnatu\'"..lforces. You can
entrain sand energy and you can Cillso vegetate it and
stabilize it and it can be done.
I
I
\
",., ~~
/.~ .
y
Additional Special ,Conditions page 33
,.- .1~
Mr. Willet says he thinks the commission is very
inte:rested in ~eeirlghowthis ~rks, see what you C:'~n bui ld
up before you get into the road because l'ma little
skeptical myself.
Mr. Wilson asks do you want to do the road first and then
the fencing?
Mr. For-ns says no, it all has to be done ~ether.
Mr. Wasierskisays you don't need the road to do that.
Build up around the house first.
Mr. Forns says another thing he would 1 ike.:tcf"use f.he
sand that came out of the accretion to fill the hole.
Mr. Perry says that came from around the house. Why
don't you bring in more sand. ISrl'tt~a.~,t~f!'~a.Y)'P4.would
bringsand--i f sand blows pastth.hau!!5./;~8,;aC'~"t;/~.fl' a
dune and push it backagainstthehouse.':
Mr. Forns says he's not saying take a dune. He"$ saying
take a cut that these records show is clearly a live system
and is going toc:ontinually move ar-o\Jnd'and ,it's not a'
coastal bank and there's no basement\Jnd"r;it'andtherltfore
it'$ going to move around. So if I redirect it to my
advantage then I should be al'lowedto do that. E!ipi!cia,11y if
it's an access.
Mr. Willet says would you be willing to tl"y this baffling
system ,around the house to see how it goes and then get into
the driveway later. Is it all part and parcel? Do.s it all
have to be one shot or nothing?
Mr. Forns says it can't be one shot because it can't be
done overnight but what I'm saying is incremental process and
it has to move along in that way. I do believe you can't
come along and say that's good 'enough now just have a
footpath.
Mr. Willet says so in other words it's everything you
have put forth.
Mr. Forns says I'm not saying everything at the same
time. I'm just saying yes."Wf!'d';bevery happy to begin the
process to entrainsahd, move ",aterial in to protect the
hou,se as it is right now so'<it IdQesn I t scour out any further
but at the same time there'si"'CiJoing to be a driveway access to
it. That's the objective.
,,"~;,._-"j""""-~'~'v-.- '
-
r 1 .m"1ii ~,.~~"-' --. '''''Mio<''''~;:;,~~''''i~';F~;,;:;'; <'~--'-"";:':":":.......,_c~:.i._....:.:."",,-,~..;4,~'~:o..
1
Additional Sp~ial Conditions page 34
: Mr. Perry says what you're saying/is first we're going to
make. the drive~ay access bee.use you'ife going to use that
. sand to go ,around the l'lous~. I
Mr. Forns says that would be the
way.
Mr. Erichsen says he has been a esident since 1985 and
ther'e has been minimal sand movement 'ince that was a
vegetated dune. I neverhactaproble getting into my
driveway; now I do. Thirteen letter. were written to this
com"ission;eight should..beher.; it/was requested they be
read or summarized. ' j
I
Mr. PerrY,says we have a list of names.
Mr. Willet reads the list of people who have written
opposing thedri"eway~ Also, one for driveway access.
"r.;.p:.r'r'Y~~~~Ij~~PlJlG .,like to ", cQ"'mentonand reaq/ par t
of the October;24~199i 'let,terfrQIP,Chief Watts i", favdr.'o,f
thePfoject. The letter indicates he has adequate access
along Rhqde Island Avenue.
...Mt. Erichsen asks the letters be a.matter of record. His
't.hi,'7@(pointist;lec:;ause this~.sa vegetated dune a~d tt;)ere
~~s no permit granted for a ,walkway, which no'one oPPoses,
Sin(;e this is the. tenth meet~i'XI' t;hinks the dune soould b@
'restored to what it was pending a submission that you then
can judge and give a perftlltfor.
Mr. Willet asks if you gentlemen are firm in your
proposal?
Mr. Forns says I think weare miscommunicating. What we
are saying is that we ar.e looking at this. 1'm not saying
it's all or nothing.
Mr~ Wjllet says that's what I understood it to be and I'm
trying to get to the bottom of it. Will you go along and try
a little baffling out in front of the house. See what you
can do there, how it works before we get into the driveway.
Mr. Forns says I do think first the material has to be
put in to stalbilizethefoundationtocome around that scour.
$econdly, you have to arreSt the pr'qb~,m ande'.5tablish
something thaltwill keep materialfr-Q",',forming a blowhole.
A,ndthirdly, indoipg the drivewalY,;~.~l1as to be establhshed
with a pattern that ~O'1!t allo,w tl1at;to form straight Ilne.
",Mr. Willet says so ,you are wi 11 ingto work something out
here without blowing that driveway in at the moment.
,-----
~:i/O<~')of",l:':_-P:';:'c'!,:i~'., \).',
--....
y
,Addi~ionaJ Special Condi~ions page 35
, Mr. Forns says I wouldn't start with blowing the driveway
in first. Because thel1ext storm"wou, ,~d come a, long and just
put it all back. I think we would do'jit incrementally.
'; ,.
Mr. Wilson says where would the
be coming from.
Mr. Forns says initially we would
on the property and bring sand in.
to use some sand
I '
Ms. McColl says from where on.the, property.
~ , ','"
Mr. Forns,sCiYs from the front area a,round the deck where
it. s nots,couri)d out~l.Ast to Dring u9 !iome of the grades ahd
then come'around'a littl& behind the house~
Mr. Wasierski say~ hQw about a plan showing sc;une new
elevations.
Mr. Forns says he th()Ught about that but if he did them
today, tomorrow it would be d i ffe,rent.
.-}
Mr. Wilson says but if we had a baseline at this point
then we'd know what was going to happen.
-Mr. Forns'says what he's looking at is a beil'seline that
Was in the, original plan and it isn't very different. The
only thing you .lost 7' on one side as a dip and a scour in
the back. The front of the house on the southwest side where
the deck is, that elevat,ion under the deck isn't
significantly different from what it was. So use that as a
reference. Then if you brought your grades up to that 20
foot elevation, at least the house would be stable in the
short,term and yo.... could begin this process of entraining
material and opening up your access and doing that.
Mr. Willet says and the opening of the access will come
after we see if we can start to stabilize what you have in
there.
Mr. Forns says sure. I think if you Just blew the access
in as a straight ro~d then it would have to be instantaneous
growth to stop a blow through.
Mr. Willet asks when they could sta.rt on this project.
Mr. Anapol says we can talk about that, do a schedule for
it.
Mr. Forns comments that he hates to do statistics because
weather and, eve,rythingelse. ,,}t !ihould be done shortly. I
don't think this should be som_thl1ng that's. allowed to wait a
couple of years.
._______-_.......--.._____~...__....._u . ~.."~__... ~._.__.~.___~ '-__......~_~. .._._~
~...-
Additional Special Conditions page 36
Mr. Perry says we've been waiting since June for some
sort of stabilization plan.
Commissioners and Mr. Anapol and Mr. Forms discuss what
Sand will be used.
Mr. Willet states he doesn't think the commission wants
to see any sand ~ake.ra f,romthe. road ar;-ea; he wants,. it . left
alone for thetim~being and see how effective your plan to
~'abilize around the house is. If it appears to be .
fi!f,fective, fine, then we can move on from there., If it's .
not, we're going to have to come,up with somethir1g~lse like
maybe look at our approach. If you're willing to work within
thcil,'t .c:onte!~t, fine~ If not, tHen we 'II. just, i!5.4~ 41"',.
enforcement order and get on with'this and we do ni!.cta
schedule and we need it quickly and we would liketpget
going on this thing. And ,it wou.qbenefit Mr. An.polto get
going on this thing as well--his house anyway.
Mr. Erichsen says while t;hey are working on st4ilbi~izing
around the hot.lsec.!ln this board. request stab i I i z i ng,~t'e, ,
damage that has been done since we're getting sand on'Rhode
Island Avenue.
Mr. Will~t says I thjnk that; dune is building. up now'!' I
don'tknow as you 're going to be able to vegetate it at the
moment.
Mr. Forns says didn't the town maintain that and then
drop it for lack of finances.
McColl says the town stopped maintaining that 701" 8
years ago because it is a private road.
Mr. Forns says if they had continued to maintain itit
Wouldn't be an issue.
Ms. McColl says but they didn't~
Mr. Forns says you get along with ,ot1e neighbor and the,l;\
after two years he sells his property and he says you can't
come across my land any more-..
Mr. Wasierski says that'stru~i I .gree with that.
Mr. Willet says in any event are you willing to work with
us on this.
Mr. Anapo 1 says! to Id youf'....r.t: to cooper at;e.
,'::"'.:r"~':"'''''~-~''' .
.~... ,-,~.-.~.~':;'tAo"t=-'-""~"~'i'~....;;;" ~,':':"1",S~'~_.~"a'''',","",,'&.i.'~'I' "'~'~-":"W~"'ilifl"- rtloi~~~~~':>"l':';':~.-:!-' ~""<<:"';':':''''/'~;-~~~~'':''';;'~''~;':':':'. _~1-.~~~~__.~_'::'~_..
1
Additional Special Conditions page 37
I
Mr. Wil:let says can we have a schedule by nrxt meeting
~elling wh~n you can start and exactly what it;r going to
lnvolve? :
Mr. Anapol says he will be away.
Mr. Forns says he can prepare an increment 1 schedule.
Mr. Willet says with the understanding the,snow fence is
going to be put in place fairly soon.
r
I
will no tl be
touched,
, Ms. McColl says and that the dune
w ill no t be excavated, in any way.
Mr. Forns says no, we won't blow it through.
Ms. McColl adds that no sand will be taken from the house
side of ths dune. That you won't take any sand out of the
dune at all. The dune that I s in question.
Mr. Forns, says oh, the driveway, the breach, that won't
come out, no, I wouldn't do that.
Mr. Perry says also the dune that's around the house.
You were talking about changing contours and digging into the
dune on the backside. You leave the dune all the way around
the house. A~y sand should be brought in. Green, clean
sand.
Mr. Forns says we can work with that but the question is
hgw you're going to get the access there.
Ms. McColl says the way you got the access after the
storm.
Mr. Perry says you managed to get the backhoe in with no
trouble.
Mr. Forns says they will look for, the best. way to do it
but before they do it will come in and make sure the
commission agrees~
Mr. Willet says if you have any questions just contact
Mr. Perry and he can come out; try and keep communications
open so we know what you're doi,ngand you know our feelings
and we don't get into these situations where we called that
you're out there doing something--let us know first.
Mr. Fornsstates that he is not going to tell anybody
that they cannot have vehicular access to their property.
...--.- ..'-- .'.- ----- -_._---._-----.~._---------- -- ._----~--------_.__.----
~
, .
Additional Special Conditions page 38
Mr. Perry asks if we want to take_any action on the
backhoe activities on the site.
Mr. Kelliher says he thinks that was an emergency. The
only mistake the driver made was going over the dune and he
got stuck.
Mr. Perry says it would have been nice if we had been
notified.
Mr. Willet says we will COntinue for two weeks.
b. Mark - Gosnold Rd - SE48-443 - (30-90) - minor mod
Mr. Perr:y says we have received letters requesting more
separation from the neighbors.
Mr. Willet says we fought too hard for that wetland line
and does not want to see any change whatsoever.
Mr. Perry says the letter that he writes denying the
change he would like to comment that maybe an alternative
would be a reduction in the scale of the buildings to
minimize the effect& on the neighbors.
Commissioners agree.
b. Planning Comm - Polpis bikepath replication
Mr. Willet suggests Dr. Dunwiddie may have some ideas and
to refer the question of where to replicate to him.
6. CORRESPONDENCE
7. MINUTES: for October 24, 31, November 7" 1991
MOTION: To accept the minutes for October 24, only,
is made and seconded.
UNANIMOUS
8. BILLS TO BE PAID
9. FIELD INSPECTIONS: Monday, December 2, 1991, 4:00
MOTION: To adjourn the meeting at 10:30 p.m. was
made and seconded.
UNANIMOUS