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HomeMy WebLinkAbout1991-12-05 , ~''-;..~'' ....,., ;';""A' ,,"....' . _0" .......,....'.;... ~......a;"-..,;.f.'" '-'",,'-":'-...c..'-,~.s:>i"";,,',:..~_.~...>; '. ...... ,., '", ~.,....... ,.'. Town of Nantucket Conservation ~ Commission ,(,I,I.~. ~ '. ...- 4 North Water Street Nantucket, M assacbUBetts 02554 MEETING MINUTES FOR DECEMBEA 5. 1991 The meeting wa~. .;alled to order at 7:00 p.m. . in the Large Group Instruct ion Room of .the Nantuc;ket High Schoo I. Comfllissioner~ present were HenryWasierski, Lal,tra Hussey, Peter Dunwiddie, Diane McColl, Oani~l Kelliher, and Peter Wilson. Also present were Bruce Perry, Administrator, and Lucia Wyeth, secretary. ' A. PUBLIC HEARINGS 1. Ri~hards - 25 E. Tristram Ave.,- SE48-b09 - (31-1) MOTION: To, continue at theapp I icant I s request is made and seconded. UNANIMOUS i f ( 2. Poor - Quidnet-SE48-635 (20-49, 50.2, 50.3; 21- 58, 119) 3. Poor - QI.l.ldnet - SE48-637 (21-122, 118.1, 119.1,119.2) Mr. Perry says Mr. Poor called this week suggesting that hunting season was not the best time to walk the land and asking the hearing be continued. MOTION: To continue the hearing at the applicant's request is made and seconded. UNANIMOUS 4. Dunham - Tristram Avenue - SE48-666 - (31-02) Present for the applicant is Attorney Arthur Reade and Mr. David Haines. Mr. Wasierski says we continuedsQ that Dr. Ounwiddie could review the soil scientist's evaluation of the wetland. Dr. Dunwiddie says he agrees with most of what he says e><ceptfor his conc It..lS ion and maybe ,1 even agree with his cone l.usion bd..t disa.gree with the implico1lt iODs of it. He says the sample i~ ~omewhatpoorly dr'ainec;1.and. he would agr~e with that. The sc:ientist g'Oes Q[l to say that. hydric !$omewti..t poorly drained sandy SpodO$ql~~houldt;l.~e r.edQx imorpQic featl..4res. within 6 inche~.ot;~~~:soi Isur::~,~c:e aDdino ,> . redoximol-phic features w..r,ol?~erved in.~he sample within 6 .;:.i"~",~~if1t~~~';;'~i~:~'~:&~~.;<ti-';~~;~~:~"-:L.,~..;i,~;~.~1:~,\,;.i ~i.-r,'~< ,,:.;;~.:,'_. .-....;....o--'....";,;.,,cc',__. ,.....",............'-~_:....;...._~._ ", '.,'-', ,--, ,'- " .....;;:~;.;::t....,~:';~,~.<.:,d:--:,#'\r:...:-~.;.,.~.;.., " ~'~~",:,"'p~'.;r.: . " . i Me~ting Minutes for December 5, 1991 Page 2 inches. Dr. DUnW1"ddie says he thinks there are redo)(imorphic feat. res there. Adds the State really goes back to vegetation not soils, and since we're agreeing that itis pretty poorly drained and I think that it's wetland plants... ~ t Mr. Haines sa what your definition and the State's definition say is hat you have to have gr-oundor surface water at or near t eland surface for a significant portion of the. growing- season; you have to. have a wetland hydr-ology; and you have to h4ve wetland vegetation. What you have is over one plant plot and over 50% of sweet pepper bush which is a facultative 1 species. It's listed in the act; it,'s considered a w~tl ndspecies. We had one plant plot and two other plant plots with less and we had other species in there that are facultative up and upland species. So we'look at the soil. To be a wetland you have to have wat~r at or near the lahd surface. We've been monitor-ing the soil!!> for over a year and we've never seen water in a.hole that's at least 25 to 30 inches. Adds you felt when. you 'went to look at the soils that you saw redo)(imorphic features in the topsoil. He took a representative sample of the topsoil, an albic layer andTa8horizon, and it's an unusual soil condition~ It's a $t:lC~dosolwhere you get a leaching .and sl ightly acidic: co",dition5$ in hard water. There's no doubt that iti's~ a depression and water runS in and through it. If you would be wil1irlg t~'.meet. with me we can take a sample that you feel is repr-esentj'tive and hav~ him look at it. " Dr..04nwiddie says he doesn't think it's going to prove anything different; he's saying it's somewhat poorly drained. I agree. I th ink it. s a' gray, ,area and I would err on the side of calling that wetter than dryer and he's erring on the side of calling it dryer than wetter. Mr. Haines says it"!!; somewhat poorly drained and you are goil;l9 t,o have somewhat poorly drained soils that are com~l~tely in the upland. Or,.. Ounwiddieagrees and says you are going to have som~what poorly drained soils ihthe wetland. tt'sa gray area. The plants told uS that and the soil is telling us t h,a t . Mr., Hc1lines says what the scientistissaxing is th~re is no .evidencett)_ hydro~oc.;}yis there. .TheC()rp's of Engineers, EFA, SCS,allsay hYc:I,tic::soi 15, whenyOu' re lookingata poorly and"a very poorJy,drai ned soiiJ.{' you look at 18 in~hes deep; aboy~ 18.inches'~ol.l look for f!;ripence of a high 'water table. FOr a somewh.a$;'pporly drain~\fOu 100kC1097T':~ctthe 'Eturface fo.r evidenc~of.highwater.'.";ii~~ tryingto'estB:blish if the water table isator near the land surface whether or ,+:--.:i-'Y"i(l--k,{il~l~';:~> l' Meeting Minutes for December 5, 1991 Page 3 'not that pocket is in fact a wetland. If it is a wetland then we go wi th t~e 50Y. vegetat i ve wet I and. Bl.4t ,to be a wetland under your definition and the State definition you have to have wat r at or near the land surface for a significant port.on of the growing season. And for a period of seven days a ear the Q.X id ized ryzosphereswQuld develop. Dr. Dunwiddi says if he's ~laiming that there is no redoximorphic fe tures in the soils and ,if seeing, them will convince him otherwise and that wi 11 make a differ,encethen 1 et 's go bae k' ou oJ; and do. it bec ause I th i nk they I re there and I think he didn',ltsee them in the sample that you gave him. So if he has to Fome out to the f,ield to see it or; ,if we have to pick them ou tl by hand and if the. t wi 11 makea.".d ifi'ference, yes, but if we're just going to say well you found some but there aren't enough to mo1lke it a hydric soil, then let's not bother. To me if there are any of those features there, that's sufficient. Mr. Haines says the scientist, who is well qualified" states in the letter hefe!els i;;he.t -seeing just .€.w oxidized ryzospheres does not indicate that the water table\is up there. Dr. Dunwiddie says if that is his thought thEtn it's no~, going to "'.ilk.any differeoceto him whether we find thEtm or not. I would say let's not bother going through that exercise. Notes it's not uncommon on the island. Mr. Haines asks what kind of evidence we can present. Dr. Dunwiddie asks if we can come to a compromise with what you're proposing. Basically you just want to wipe out this whole wetland? Mr. Haines says the wetland eliminates the area for their proposed septic system and pushes the house over. It is critical to the lot. Dr. Ounwiddie says for either you could request waivers, right? Attorney Reade says if this wetland is really such a gray area he really wonders how important it is with, re9ard to protecting the interests under the act. Mr. Perry s~ys he-thinks it was more i~portant before it was brush cut. Dr. Dunwiddie says the entire wetland question is a gray area and that is Why he is wi-l'l ing to compromise on our . .:..;..,.,~~~~..':o-~lo:r.:'\t!M:';:"'~' :y.J'>~.4~:;"'~K.T~~. - ~ ~ . - ~""""-~'''''--'~~':N~~~:~~i;i:~S;,~~';~'1.~~,.~f.t:'~~;'!~~';.a:;'''~''~jt~~i:;:t;;'....< . _.!._--..,;.....'...:....._.- 1 Meeting Minutes for December 5, 1991 Page 4 setbacks ands~y o.k. you ca~ ;'iOlj;.. t..e some of these setbacks as long as you leave thepunltlve "rtland. Attorney Reade says it'S) fairl," close to the hou!Se envelope we've shown, but thinks t ey can work with that in terms of an appropriate house desi n and means of access. Continues, if there is any way we an get the septic system on the lot and have it be 100' awa so the commi$sion can take the position it's a wetland, nd not have us in . position we have to get Board of H'al~h variance. Mr,.Hlilines agrees to try to Pl~ce the septic 100' from anY O'fi;~~.wetlands on their- lot1nd the Greenb~~g' s lot. 'Mr..'Wafiiler-sk i $ays he would feel safe gi vi ng a wa iver on the ho-us. if the septic could be put the furthest extreme it c:ou).;d. ~ , :.1' I I J' :;,,<',\J?r-~ J.)u~iddie saysi f it has to be pushed c loser to a , ~:ti1!hr,*, pU$h ittowo1lrdsthe' s_11er wetland rather than the . t,.._.".,~ --:"'_>;,:>": ':l~rg.n;. ,> .,. '< 'Atitofney ReadE! says if ,we have to go to the Board of H!.:iI:~I"w~':1'\~:~~uldhopeto get ,S)o me input from the Commission ~!1;~\r~..ib.a~e ~e~lat'4$<()n th'esitea.,.',you . have determined ,~~ist9,'~e'a "wet1ilnc:i'bu't>.it 's a very. marginal wetland. and ~,I)er:,;~,~>a,'l/Cery' unmarginal one over her-e and there I s a reason Wh,a~?We'tELask i ng for-. . !,t JJ Qr~Dunwiddie says he would have no problem making that reelimflH!nc:tation. ,.J; ""J MOTION: To continue for more information is made and !Seconded. UNANIMOUS 5. Ducksholm Nominee Trust- 30 Sha~kemo Rd, SE48-671 -(27-2) Mr. Perry says we received a letter yesterday they are withdrawing their Notice of Intent. MOTION: To accept the withdrawal is made and seconded. ',4 UNANl~OUS 6. McMaster - 26 Western Avenue - SE48-679 - <87-77) Present fQr the applicant is Mr RObert Emack. y Meet'ing Minutes for December 5, J991 Page 5 1 'Mr. Perry says we have a revised plan from Mr~ Emack showing a front yard setback' of 17 feet. Add!i last week Mr. Emack submi tted a w;. ver for a cOastal bank wi th theco'mment he didn't think it WS a coa'stal bank. Mr. Emack says 0, he didn't make that comment; what he said was he didn't hink it was a signifieant coastal 'bank. But they did submit a requestf6~ a waiver from th~ requirement of a 50' setback for structures from the top of a coastal bank. The new plan slides the building forward closer to wes~er~ A",enue; it, was at the.required3<?'zoning setback, now lt lS .t 17 feet with the ldea that wlth your direction we'll go~o the Board of Appeals to r'.quest a variance. In addit~on, Ms. McColl asked about the number of bedrooms and there was also some concern about the septic system being for four bedroolTls. The applicants have indicated a willingness to limit the house to two bedrooms. They feel that is somewhat of a concession and might enable you to look favorably on the waiver. Right now they are 34 feet frolTl the top of the bank. Mrs. Hussey asks if they have changed the height. Mr. Emack says they 'feel they need that height; however, he thinks they may not go quit.. that high. Their representation to me was that they needed the 26'. Mr. Perry says the plans that went to the HOC were at 25", ~". Mr. Emack says ,he has also made them aware that 24 x 32 was an inclusive envelope. They have included a deck on the plans and they art! aware that l.t is not included unless it is expressly approved. unless it is inside the envelope. What they would like is an on patio at grade out front. Continues that they would like to close the hearing tonight with some sort of an i,ndication this would be granted a order of conditions approving the projec:t in two weeks SO they could file with the Board of Appeals for the variance. Mr. Kelliher says as the septic system is existing, he would have to go along with it; the previous board got the bjlll ro II i ng . Attorney Art'hur Reade says I be-lieve you have a fax transmission from David Folger of the Woods Hole Oc:eanograph i crftst i tute. Mr. ~erry says not directly from him but through Mrs. Helen Davis with comments from him. .....~....-. "'-y- 1 Meeting Minutes for December 5, 1991 Page 6 Attorney Readesa"ys this case is identical to the Leet c~see)(cept in thi$ca.e :the septics~st.m is already installed within the coa,stal bank/cO.astal dune area. Howeve at the present time it doesn't have any effluent going into I it. Once it does it will be the same situation. Fc,t.r the same reasons that you articulated in turning down the LeEtt request we would encourage you to do so here. Ms. Cheryl CreigJ?ton says in this instance a largearEta of the bank is unvegetated since the septic system installation and indicatEts instability. Urges the commi~sio~ deny the request. ,...r .,l;maC:1<; points out th~ revised plan has .a; ~pr'e$pecifik revegetta~ilJlg proposal for beach grass. Also j;)oir;tt$ that this ba~k Mas houses all along it; it's a bank that is residential in natutfit. ~!i . ""~:- f' Ms. H~ssey asks if the septic has received aqertificate of compliance. " 4' Mr....Perry says nobecau!ie it ,was not.reveget~ted~ If the projet;~cwas approvedwewereg;~il'lgtCJ .'. requir.e veg.~.at~on on the new/order jif i twa!it\o~t~RP1TgY~d.tf]an we cou,~d, r.,qui re the vegetation inanoti:ce~f,no~,:ompl iance. Mr ..,Emack says they have appl ied for a Cert i ficaht ,of Comp liaru:;:e but he agreed to put it off unt i 1 fate of the new notice was determined. He addstha~the site has not been r"eveget~ted due to, problems wi th the f ami I y. I:' . Mr. Wasierskiasks for amotion to close. MOTION: To clpse the hearing and draft and order is made and seconded. Mr. ,Emack says can we give some direction to Mr. Perry on what to include in the drafted order, for purposes of going befor"e the Board of Appeals. Also points out this is different from Leet in that the septic system is in the ground~ Commissioners discuss whether to approve or deny the project. The conSensus is, 3 to approve, 3 to deny. Mr. Wasierski says it sounds like Mr. Perry is. going to htJve to draw lIp4f one of " each. UNANIMOUS 7. Old NOr"th Wharf - SE48-681 -(42.3.1-225) I ' ;'+.~~fi.J,,~~[~";:y~~~'''~:;'rL;','"'''< ;.(; ",,~,'~~,<,i~},!;<::i~iRf;UJl~..t;:~':w<:i, . ~ '. < ."" -, ~.., ~ ..'~ .;- ~ ".,;.,;..' '. "."".',' ~. ..-;,,;. -.""", "11 1 Meeting Minutes for December 5, 1991 Page 7 Present is Mr. Edward Sanford. Mr.P~rry says I did a chart of the met./ concentrations in the soils for discussion. f Mr. Sanford he has a schematic out system. Mr. Wasierski a!5kswhat if there is oneof,our famous 15 or 20 mtnute~o~er failures; thisStank isn't that big. Mr. Sanford says it is a 60 gallon'tank; believe~ boats generally have about a 20 gallon holding tank; says it's conceivable, the electricity could be off for an hour, and everybody could be pumping And the tank could fill up. Mr. Wilson says couldn't it be set up so that the electricity keeps it ~pen and when there's no electricity it c loses SO if there is no power thef val ve stays shut . Mr. Wasierski notes that's what the plan calls for, it closes upon loss of po~er. Mr. Perry says he has two comments from the'SHAB meeting that he went to on Tuesday. They would like to see as many pump outs as there are boats moored there. Also, that they be permanently attached to the pUMp outs'so that when they pull in they hook up right away, not when then need it. Mr. Sanford says that is the intent of the system. That's the way we operate .now. Mr. Perry notes that is a management detail that we could specify in the order,. Mr. Wasierski says if it happens that you are allowed six boats rather ,~~an five would you have a problem installing 6 pump outs instead of 5 or one pump. out per boat~ Mr. Sanford says no, not at all. Thinks it is a good way to do it. ,,;,~_ '~ ,,_____~......,o.a\ ----- -. --- ~- _. ."",. ',,,-,< cr~";,"'~"'''''';':;;'''''- ....._-""".....:..-1lW.~~L,~V.,~,>~ -~-~~~~ '.'-. ~..I(:' . (:t- - :~'-~~~1;.';"~L~46'-'~'.~' "", ~.;.....;..., ~ :::...~-,>---.' .' ~ ,'C Meeting Minutes for December 5, 1991 Page 8 Mr. Wasier~ki asks if they have something on the s~oils as to where they are going. Mr. Perry says he did a chart which lists the various chemj.,calsthat the Division of Water Pollution Control' would require for testing. On the left is a list of chemicals that must be tested for spoils. Category 1 limits ar,eO,r). the left and on the far right is Category 2. In the middle are th~ two boring samples they gave us. The majority of the tests fall wi~hinthe pa~~meters under Category 2 Which's disposal, on land if you want, without a problem. The only problem is inborinQ 13 the lead level is 2 part Pel.r mil.lion abovEttl'UJ,Catelgory a.which, kic~5 it, into category $., Watet; Poll~,~i~rCControl . told him to talk'to Solid Waste. SUM(P~~A.~.sthat ifryouare in Category 2, Type A~B,or C,it f;Oftt.$tJr'~f!r Criteria A which is "normally approved but e01"\t~O.J1tC:f~fifluentrequiredtl which means youcan~lIke it to a~a''1~I~rcin.....harbordisPo$al area. This falls un~:.~,ffa~,gory 2s~II\IQ',.qd be appro~able underWater Pollution Con'trol as lO1"\jrc~.;f'it'$ dewatered proper I y. .:~1$d::;:,ii '~,. .:~' . _:-: c;Ql'"~'J)tJnwidd ie asks what is meant by contro I Of:~f;fh.f~nt., "'-,," :~,' ','J' , 'tt~ . Perry any p" IJ1at io n ' , i~-t:-:;:~I~J!~}-.:f~jd' <. ' ,....'t1:...~,Ha$iersk i asks ho~, this his propose~ to beCltm,. If"jl; ';:':i '" ~ say$ the dewater i ng. They' want to maie,:'sure f_' ',- " " .1/,:,.:", ,'!:' ",.-.':' in the lighter sediment stays in ,thedjam.,earea. , ',- ':., ",ii;";. .;, , i~~,;fanford siYS he is talking to both Winthropl"and the St~~~~,~!,p Autho'rityand they both say they have no,:,~ro,blem, a$ ~.8Pg"."Jhey coordinate actual use of the space. ,1t~ef e~pect ~O,i,t~~'w~l.l off Sea$on and their preference is t~,;u!>>e the S~e 1;t1,p. Au thor i ty. "Il1,."Wasiersk i .as.ks where it dewat,ers there wher'. i.s .it goi1'9,todrain to if it's not going to drain back intQ the harbor. Mr. Perry says it does but according to theem9ineers he talked to on the phone it will be contained so that it will goba4';k iJehind the$teamship,pierand, with a boom and the incoming tides, any floating debris or sediment wOl.,lJdstay within the Easy Street Basin, which -is where it came from. Notes mos,t of this is coarse sand. Commission~js ~is<;uss the dewatering process. M.r. Sanford says he doesn "ot have all the answers to th i s process but that Water Pollution Control will get us into more detail on this. As far as your concerns are, I'm not sure if this satisfies what you're concerned about but I know '-.,- - ;_j,~;::~~~~,r!i"L-'; ~;,~t-ti.:~t;JfJli:.~_'iJpL_ik~;~ <<lIiIlit.r '.,~ .. ,....o.J'__".... ui ,,~~..... ~"" ~~;"..r ;';'~..iiill;'",:;"'::~~~:O..jlk,.,;...-.;;..i\.~~....,;;,.;o.:'~:fi;~;';:j;..,.">.:.i)__~<~.!:......".;;>',,.,.~ ~.-.t>-:.. ~.:..:.~';~<~~~.-~..,W~ ~';r:"'"",,:.. ..;.;..:~~.~;;~4f::....:.....~".c~~&~..,__.M~~..... '... Meeting Minutes for Oeeember 5, 1991 Page 9 we are going ~o get into it at a deeper level when we,go for the state licenses. Mr. Kelliher says the Corps of Engineers would have the parameters for that. Mr. Perry says we could require they submit a plan prior to wor-k that shOWS any changes by the Army Corps and Water Pollution. Mr. Sanford says it will take them four or five months to get any response out of the state. Mr. Wasierski asks what about the dredging time of year in regards to, shell fish. Mr. Prentice circulation down hardly anything. great. f Aftersome,discu$siQn the Commissioners agreed November 1 to April 1 is the. bestt ime to dredge. Claflin from SHAB says there is so little there he doesn't think it is going to affect As far as they are concerned the plan looks L MOTION: To close the hearing and draft an order is mage and seconded. UNANIMOUS 8. Arnold ~ 123 W.auwinet Road - SE48-680 :- (12-9) Pre$en~ are Mrs. Gale Arnold, Mr. David Haines and Mr. :reff Bla~kwell. Mr. PerrY$ays the commissior;'lers went out to the site and didn,.t feel there was too much windblown sand around the house and questioned the need to raise it 2 1/2 feet. Mr. Haines says they feel the sanp" is migrating. Also feels if they wer.e to follow the suggestion to dig a hole under the house on a barrier beach--that would be the first place it would fill in. At some point you would. have to pick up the house and dig out underneath it. They have to pick it up to do the structural work on it. They would like to get it up 50 all the sills and jois~s are off the ground. -4 Mr. Blackwell shows photos of how the dune developed starting with before the 1930 hurric;:ane. At that time there was no dune beh i nd the house. ' Mr. Haines s~ys he understands the neighbors built the dune up with Chrls'tmas trees,mattresses and hay bales. -....;'...'""'."....1'.;;..-.1<........ ~.'" ,,~~.~ t. ...__.~__--..:..._~_,..._....._.;.....~.~..;.~_..._.__......_..._...... ~ ~ y Meeting Minutes for December 5, 1991 Page 10 , . nei~~~~t~a:~;~:~~i~:a~~Sac~~;:~~.:~~:tR~~~a~~o~~c~m;:~'t:~ reason. one lsthe heavy equlpment that will be used .In tlght quarte's which will run over his property. Suggests a bond be req ired to protect the neighbors. Also notes when, they built heir addition they were not allowed to build~it~igher than t e Arnold house and does not feel it is 109ical to allow er house to become 2 and 1/2 feet higher. C~ncludes th~ house is in need, of repair but much thought and controls are enci=ouraged. Also the contractors should know they will be hel~ liable for their actions. MrL. Arnold says she believes AugieRamos'hasa'good reputation on the island of being careful; he would be the person using his equipment to lift it. Mr. Blackwell says Mr. Ramos was" involved in the Gillies project. ~ ,f , I Dr. Dunwiddie asks if it is correct that, t~eyu!ied,~he h~ightof this hous~ asa standard in blJ.ildinqa~o~~~,"'1;~use; that ~ems a little peculiar if we limitsomeone"shoUse to the height, of, yours and then let you raise your~? !oilp. Mrs. Arnold says she would I iketo address'1ih~,.e .is.IJ.~S and presents a set,of plans. Points.out a numberO'f:t)(amples in suppottof her point of view. Notes the storm did take a lot of land. The Pow' sh~"e just lost 35,' of, beach,the Pluktils' broke down ,their, dune, the Gillies garage was decima~f!d by the stor.ma",p.theirfoundation is 7 feet. oft: the ground .~. The or i g i na 1 hOlases in the area are theWauw.i net House which is 34" high at the ridge line, the Anchorage which,' is, 32 feet high at.!<~e r-idge 1 ine. The Morton house is as i:loseto her as, the Sf'Ilith house and is probably 36 feet high and ,was approved recently; the front is 3 feet, 9 inches off the ground and the back is2feet, 9 inches. The ridge line on Mrs. Arnold's house is 29 1/2 feet. The Smith's have enlarged what was atiny"boat house and now, with ,the widow's walk, it is taller than h~'r'house. The front of the Fargo house is 13 feet, 3 inches off the ground and is down in the same 1in~ with hers. The front of'the Jamison hou.e is 3 feet, 2 inches off the ground. You'll notice in the back all the houses are sinking into the ground. The Johnston house is 3 feet off the ground. The Winston house which is next do.or, to her isi feet~ 1 1/2 inches off the ground; the Morton's, whi,ch you most recently qpproved, is 4 feet' off the ground and is in excess of 34 feet high; the Gillies is 7 feet but that is a little different because the sand ~as co,mingiin70 the house; the McClintic's is 4 feet. So it seems tome to singleme.ou.t, to say dig out and let the new sills rot....! did come'tb the island long before the over- r ,;:t~:1Wf/~;lit~&ti;~4.~:ri:^ .,\~:~~A;~;j>:a;%ii~;'i~T~':..':;","/ ~~....;.:_._.i-_~,;..,.;:.;.~~'::'~':";'......;' '~";;>~'~~; '::'Jf:. >;:A.:t~~,-&~j;~~.;(;-'ii:..:;*,,,-i~.:~^'~~:f'~'~4';ii::;~~~.:;;';:~';:-,:,-,:~<.:~<,;....-,-,--,;..~~.;"_._,~~,~;:,,:,,,-';<~,: > .ieJ"-.c;,.'_-':'.. -'.~<;;;t-.:, ;<<~:; '. ." -. Meeting Minutes for December 5, 1991 Page 11 privileged populated it and once we put a ~oundation under . the house my chi ldr,en and I are going to have to I ive with' that foundatiotl, SO to build it up 8 inches, as Mr. Perry suggested last time, or to dig it out so the sills can rot immediately, really don't seem to be viable options for people who don't have that much disposable abilities. I think it would be better for the dune and the whole area out there if we raised it 2 feet. It would still be lower than the Wauwinet House. It would be on a par wrth the McClintic's and Anchorage. Historically these were the buildings that were there. Dr. Ounwiddie says when they built theWauwinei: House they didn't come to us for a permit and I don't waT"t to use the height of the Wauwinet house as a standard for all the houses out there. ~ Mrs. Arnold says her request does not make her house the highest out there by any means. Mr. Aamoshas pulled up every other house out there\and she had the misfortune of not having cash until recently and so th~y'veall been able to put their foundation up three feet in front. Now!:here I come and there are a lot of new rules. Also, Mrs. Curley does not object to this. She isa closer neighbor than Dr. Smith. ,~ ;0. , ~ . ,'j' Mr. Kelliher says she called him to say she did not object. Mrs. Arnold says Mr. Winston has not filed a complaint. Ms. McColl says we do have a letter from Mr. Winston and have received a telephone call as well E!)(pressing his concerns. Mrs. Arnold says the front of Mr. Winsto~'s house is 2 feet 1 1/2 inches off the ground so he doesn't have any foundation problems and I do. Mr. Perry says he also has beach grass growing right up to the back of his house which seems to be absent from your property line over. The demarkation is pretty clear between beach grass and higher grades. Mr. Haines says he doesn't' think it's higher grades but just mowed lawn. ',4 Mrs. Arnold says the reason we-have a mowed lawn is to try to keep front getting that, disease, the deer tick disease. Mr. Winston is only there on weekends and his children'are grown now and are not there. So they hardly ever use their house and. they don 'trent i t..And the housednthe. other side is full of Ro'sa Rugosa and the house next" to' me is 'a ,;:,:~~;~:,"'""""'-~"'''''''''''''''''''~~~n -,~ '...~ .....~...,"" ""'~~<:l:I.<.i;'t,2 '. t., Sl-1-.i...,.:""",,;- , ~....w-.;;.~~....~";.:.:;.;...~~-:;';';:'. '~'::'c.>:-.~;;'~~~: b.~~.:'..~;:~-::{ 1 Meeting Minutes for December 5, 1991' Page 12 lawn. So there is a variety f vegetation out there according to what the ,needs 0 the people, whether tbey live , , " . I ",'...' there or, whethe.r they don't lOve there..Concludes b. y asJ<,i..".g ( . ..," to make the map a part of the record when Mrs. lfurley'shpuse waS part of the public:: way. 'Also Dr. Smith's was part of the pUblic way but 2ieklas'.got "t changed so they could sell that piece of property fOr $ 0,000 and put the boathouse on it. Mr. Wasierski says his p,.}oblem in viewing this, at the field inspection is that it ~eems that after the septic syst~~!\iP4t into the back' yard that it was loamed and a l_o'put <iOIll- \ . .,<mrs_,Arnold says there was a lawn there before and it was (:')~y.jl~,~.Jy taken out by the .1elleme people. If you want an ..1\'~~,... ,~\'l;tt~t there was a lawn there I'd be glad to get it 'fC)~,,~~uII'I've never had alawp, l've tried to grow grass . y1;h~~r""':'t~:tF " ; i;.",~,,;~.(~~siersk i,says he '~!!putthe lawn and the 104m in "."c:t!~,n;,J?',rsPetctive. lnw~l~~,~g up to the back of the house '. rt:;'l~'\'~I1~ loam ,.that is Up ,against the house. I t is not beach .aria., If you ,go ... down' 6 inches, it's beach sand. ;".<-;,';,,-,.:!;;> ',~k<f':_::!"': " :':"'/' .,'-'; ,- :;:,~,!!;~Yt(:;(:t: :": \:, _ _ ;,:", - -- ':', . ,'Mm.':"Arl"lold says when they put the septic tank in Ciil~~';,~,jthJ9h pile of dirt left over and he didn't haul -~ "':J4jI!~ it up against the clothetjiline and smoothed "eman who did the yard made a lawn out of it. '!i,,~~,~.il,,~hereillla!i CiproQletmthere but I do know sand c:::om~~.tlt~y blo..,sacross the~~. It seems to be the house is ItI'or,esunk than when I bought i t20 years ago. there it away it out I didn't MF. Wilson asks if the joists are going to be replaced. Mr. Haines responds yes. .Commissioners discuss the work, detai I wi th the con~ultants. Mrs. Arnold says right now the house is,sitting on twp stones which were put there in 1895. Inside the house is sagging so that behind the sofa in front she has 7 ~nches of cedar' shakes to hold the back of the sofa up so you, qm si t level. When you go upstairs it's incredibly exaggerated, you get to the top..nd you .practically ~.Jk_up a hill to the center room and down, a hill to the-tr-tJntbedroom. The sides are also dipping. . . I wouldn't put a,\f,t)undation under'jt if:it wasD't seriously in need of it. Ren~ing is something I need to do. I t I sone .,Of,a f'l!'" beach hou!!i~Ii;, left so it does have, somepulJ because., ithasD't beeD de~N,ted to thE! ma)(. . There are people who want a simple beach bouse to rent but there's , ..... - - -- .- -. /':.-~:~:;Y;~r}@,~~~j,_w.:~';_",'i::mi~~fi~.t';;:,--:--; 1 I of inconvenience and problems like up with and $till pay a good rent. I J Dr. Ounwiddie asks what sort of footings are 9 ing to be put underneath. Meeting ,. to the amount they wiill put Minutes ~or December 5, 1991 Page 13 a I imi t sagging Mr. Wil$on says son.tubes.. ,Continues it seem, that improvement of tbfl foundation andreplacemen joists could be ~chieved without going up 2 and 1 2 feet. You could have a space of some 8 inc;:hes between tile bottom of thesi 11 at the east end of the hou$esand the'gr,und level and have considerable space in front on the west side because there is a di~~erence of 2 ~eet ift elevation_I. Mr. Blackwell says the other point was to have room to get underneath for repairs. Mr. Wilson says the same time you're doing this reconstruction you should attend to the plumbing so that you don't have to do that. You can have much easier ways of f - getting to the drips and stl,Jff than to go under the house " every time. It would behoove you to pull the water up in one place and handle all that from within the house. Mr. Kelliher-: says but what if a water pipe breaks. Mrs. Arnold says it is very difficult to aCCetSS that area. Also both the bathroom and kitchen are at the back of the house and you can't work under the kitchen unless you move a concrete wall and destroy the garden. The-other problem is they have a booster tank to compensate for no water pres,sure and it has problems from, time to time which the plumber has to go under ~he house to fix. Mr. Wilson says he thinks the lower you keep it the better off you are gOing to be as long as there is access to the plumbing. If you are jacking the house up to do this work you could also have a pit constructed for these activities beneath the kitchen. It doesn't all have to be benea~hthe house. Plus if it is inside the house it's protected from the elements and there will be less damage to the pipes through corrosion. From his point of view 2 1/2 feet is a lot. Mr. Haines says he thinks if the lawn weren't there you would see more migrating sand. He ,s.es sand in the' front, back and sideySrds. 'And it will fill in underneath th~ house and he selected 2 1/2 feet to get the back of the house 2 feet off the ground. Mr. Blackwell says one of ~he things they are trying to avoid as it is a barrier beach is any kind of digging at all. ,;',.: ..'~~~....._~>O _ _,~ __..'_~._,_____ - . -- - ".. '~M ......~~'.;;G,~;,''''..,';'...:.,.,.''''c...~..~;.;'i.,,>.4..'....:;;.,.~,"".,."'.....:.\...."'".,,,._"',,""'''''''''',.. ....... Meeting Minutes for Oecemb'r 5, 1991 Page 14 Feels that raising a house~ rather than digging underneath protec~s the ac~. We wouldn'~ even come into suggest excavation. Mr. Wilson says he wasn't suggesting excavation either; you have to jack the house up to replace the joists, you. have a major recons~ructiono~ the first f160r of the house. Mrs. Arnold says we want it not to sit on wet sand. You can't sit on ~hefl0Qr in the living room because it's wet. Mr. Blackwell asks if _hete is a compromise, less.of a height the board would consider, 18 inches to two feet? Mr..Wilson says he thinks 18 inches would be much more acceptable to him. That's'adequate space for someone to get underneath. Mr. H~i,nes says hav i "'9 it 1 S inches o,ff the ground or ra,ist4l'l9 ;i.'t'lS inches. r '; Mr. P,erry says he thinks that raising it 18 inches. Mr.",.rl<elllhersays what point of the existing do we go? Mp~.~rtlOld says'she would hope the cen~er which was the d r ig:i'l"i...:~:'he i.gh t . ',d!/';,:" Mr..! Perry says the '.lll height is S' 8". Mr' ,;..'. Wasierski.says:Il!~~ the first floor elevation of '1" 3" and go to .' 10 I 9" i nsteade.f.:l1 '8" . Mrs. Arnold says .1$:" from the high point of the first floor at this time shoUlc:hbe>used. To spend $30,000 to raise it less than 2'; doesn't know how intelligent a use of her money that it. Adds that when Mrs. Conover built her house the Conservation CommissiOn forced her to build her house up high enough so that she could plant beach grass under it so the sand could migrate and also to install lattice under the porch so the sun could (!Jet at it. This so the dunes would not build up as they had in their neighborhood. So perhaps someone should take a look at the science behind it. Mr. Kelliher says beach grass slows the migration of sand. ... Mr. Wilson says he would hope she would be thanking us for that right now that we didn't encourage her to build it loW bec:ause she wOUlet/probillbl y have.~tncurred a lot of damage fromtl'lE!stOrm. .' . ~~'r.ij;':t'4.~\t<:+:';;>i;';' ,'\,,_;w.;i!~'l'N~'''Y~~'; Meeting Minutes for December 5, 1991 Page 15 Mrs. Arnold says she lost 10 feet off her dune so that seems to be a decent argumen,t for at least 2 feet of not what we originally requested. Jim certainly willing to compromise but l'd like to compromise in tel"ms of dollars that would make it good for 60 years. Mr. Wasierski says if we were to give you two feet would you remove the 100m a'nd let the beach grass' come up around the house like Conovers? Let it go back natur~l so that sand could migrate. Mr. Kelliher says she has a point with Lyme Disease and I'm afraid I'm on her side on that one. Mrs. Arnold says she agrees aesthetically it's not as nice as beach grass .but when y~uhave chltlorenand so on that could get that disease. That's why we manicure> the grass. They sa,y there are only 34 ticks per thou~and sq. something ,of a yard if it's cultivated; if it's wild;.>there at the edge there are 1000 per something, then 5000, etc. Mr. Kelliher asks would you accept lS"'frolll the highest part of the existing house, the center of the house? . That should give you room to wor~ under it. i' Mr. Wasierski says we had 9"3", that would give you 10'9" elevation first floor. Mr. Perry says he thinks even1S" from the lowest point because the lowest pci.itlt 15 what is being bothered by the wet sand. If you raise the outside tS" and the middle 10...then everyth i ng wi 11 be level. Mr. Kelliher says if you don't raise it high enough you'll have to raise it again in x number of years. Mr. Wilson says you'll be pulling it towards the harbor in that much time too. Commission discuss ~lnd agree that if the consultants wi 11 do' some spot elevations showing the low points and high points they will go out again to see what they are raising from. Mrs. Arnold says she would like 16" in back if she could. Mr. Wasier~i says we will schedule for the next field inspection. MOTION: To continue for additional information is made and seconded. . - - ,,----.-...-----.-...~.---. -~.~,~._-""....~--.--~....."".--....-.......-,.,..;...........~..;;....~--~'"'---.--~._.._..._.._._______...;.,__..__.. _ ....... __'.._~___J'~""".__..."_,___,-'_"",__~,_",~_,, ~___.~ ~ _....____ _..,_ _._____.__. l' Meeting Minutes for December 5, 1991 Page 1b * 9. UNANIMOUS Ted Godfrey - 325 potPi~ i i Present is the applica~ Road - SE48-674 - <25-40) and Attorney Arthur Reade. Attorney Reade silyshe' newly ..into the situatior-l,and is not familiar witn,theprior discussions. His under<$tanding is what isbefor-eus is a N 'tice to enable the construction ofa pond which presumably ~ill bean enhancement if it is permitt. ed in .term.s ,of pr"ovif:li. ng ala. r9. e.r, mor. e' useful habi tat area than the water hole th~t presently exists. He, ~~~e,~;::~:~d~~::~:~:i:~t~t~~: ~:r~r~i~~~: :~ ~~:p~~:~~: of withthehou15e,,'Nod:;'having had the benefit of prior ~i!!lf~"':;;~~fl50n that,end the discrepancies on the plan as it 'W~'P""4:ff:)QS~q,and,thePlana!i. built.he would like to gel ~~~."'€Jt\<~.,at to see .~ f there is 150me area of common ground we C:Cl~~~",,9r~,out. Alsp would like an indication of how,the :.9;' '~::"'~Rt'+"ould 1 ikE!tf1ematter.' hand led. He understands Mr. , . ' :~proposedl' .s~me pla"tings and the commission ,feels ,.'l,.dbe1iomeithl'19'fflore, like re-offer the plantings irid'..,hiilt:ever else the cOmmission had in mind. ,\,ik.'.fJt~I'~:P~mmission reviews the plans discussed at previous "mfjeting$..; , : <~':'~:1i';~,/,.~.;_:::.;- ;~. ,....':,;;.:: ;,,'f t11"'~~~ade solays the di ffer~ce is the house wasro tated a~h.fQ9~til'(t_ac::~in the proc.ss ofroaking sure he maintained '.'~~~@O!,$atb.~k ,frOm the property line 'wh i ch he knew to be a ....~uir-elDent that was c.ast in stone, and didn',t understand the .si,t;lniflcat\cet,o mainta,ina boa setback. In addition the deck , ~a. built unqer t,heimpression it was not considered a part of. the structure and didn't have to meet the-setback. Not as 'Ju.tification for it but the fact is that it was done by Mr. Gol:ifrey in good faith not reali<l:ing;that he was creating a problem. Says he thinks the creation of a year round pond rather- than a seasonal waterhole is an enhancement of the prQpe....ty and provide~ a valuable resource under the Act, pa....tic\41ar-ly from a wi}dlifestandpoint, even though it is somathing the applicant wants to do. Wonders if the commission might not consider that, itself, as some type of mitigation of the prior disc...epancies. Mr. Perry explains he is just exchanging one type of wetland.for.o1lnoth~.... There a...esolDftb,enefits to the waterhole as i't"'sits now. Also, there"'.are already a number of ponds in the immediate vicinity: Although it would be beD~f ictal he doesn f tsee it as o.verr;JeH ng the problems of the house.' ~~,~~~.................'..'~~h...j,'~;~\"',.l\....;'__"~';:"'''':''-_;:'':.'''"-'';'''''.o.I~':'':'-''''''''''-';'~.............;..:..-...-'.-;.,.;'~~~~.rl;i~~~~...-I'--~""';-.:.*'.~.'..r~~~~~~~'M."'4, ~ ~ r Meetinq 1'1.inlltes fnr Decemher 5, 1991 Page 17 Mr. ~:tl)rlfreY comments thp acbJ.al distance from the watertrldi'to the strllCt.Ul-e l~ 40', not 25. It's 25' t.o the deck bUf: the deck wasn't classified as a structure in t987. Mr'. Reade says he t.hinks 1'1r. Gndf....ey has fallt=on vir:tinl of differe t rlefinition~ ann different concerns by nifferent boat-ns (eal ing with niffe...enl: rilles. Unfortunately as someone without A lot of resou...ces he went out ann din a lot of his .wn wOl-k. He didn't trnVf'" t:t surveyor set thE" batt-erbnarrls; didn't have Ip.qal r:ouni5elin the cr.Hmec:tion with t;h~ raroress until riqht now and has sort of fallen into some inadvertent tl-aps. or.lDunwiddieaSkS Mr. Reade if as a result of his vast experience he has any alternatives besides giving a_pond he already wants as a compromise. Mr. R~ade says he has proposed some plantings. I don't know if that type of work would' be coni5ideredas being beneficial. Thinks there could certainly besQ:me caveat language put' into the certificate of compliance that would indicate tha''t the entire site is really i5ubject to the act. That any further work done on the sit~wouldrequirea filing of a determination then, if positive, the filing ofa notice of intent. He expects the commission to co,me up with ideas. Mr. Wilson says we discussed something along those lines. One aspect of the probiem was consistenty'with Clther cases where this has come up. If we leave it as it is we are basically granting to them relief that we have not extended to other people in some cases. It's not that we don't appreciate their p~sition. The case has wider ramifications. Mr. Perry says everyone is kind of dodging this comment: at the very least he I s got to pun off the decks that are closest to the wetland. Then he's got a retaining wall that's not shown that's also closer. The hoops Mrs. Flamm went through and is still going through because she was 5'. She has.a conservation restriction so that she can't do anything on the property. We also made her pull off decks, an outside shower, and replant right up to the foundation of the house. Mr. Reade says what abo~tthe idea of filing a new Notice of Int,ent ask ing for some wa,i vers. He understands the, obvious techni~l problems in issuing a, Certifi,cate of Cpmp Ii ance to~ometh i 09 that 1 i ter<3 11 y doei5n I tcomp 1 y. Procedurally that mig'ht be abetter way of handling it. Mr. Perry says we wouldn't be looking at it as a v~eant lot. "------~-----.~'...........~--..--...~~ ..'~ "~"'1'''''''''''''~''''-~~'':''''''~~'''''''' .<,.~ ,"k_,,;.',"'.,,,,',, ~-~",1t-<~.~~~~;..;..;.-"..~ <iAir1.;,...!'" ,<oJ< .. ....~..~_____...___~.~.___-._.;,._ , l' Meeting Minutes for December 5, 1991 Page 18 Mr. Reade says he ,doesn't know if there is any meritJio the idea of creating more separation by tlmoving" the , waterhole, a form of replication and then expansion by mOlring it farther away from the property. Mr. Wilson says a very dangerous precedent. Mr. Perry ,says in theory when there's no other way. . '>-~ Mr.,~cl~ler,:sl<i say? he doesn't think he could do that in gqod c:Onscietnce. I1r~ Ferry says wec:o\jldiss\.1Et a letter of nol1cQmpl ianc:~ to d i rec~ whilt , needstp>bedp(\E!'/~o bring it, i ntocompl ~~?c::tN wo,\-ll,d h~ve, tf),esame effEtf'tia",t'P:i ng, a ,no t it;;ewi ttlQ'-lt.,,~hcf'c , w~;~yEj?[~,~</ ,The, co.mm~s~~()r:1,<+",p4~~..,~~a'te whattheywanted}~t"'1'lIg1'd arliJ,~'1.c:i'they were changed,~.),~<wi.u.fld , issue the Cer t i fic:a't.~of" -,Qt;t"t:J,l~;.,t"c::e. The, onlY,.w~Y,:i~~~.j't;.'g,ping to get itentir.ly in , C:'C)'ttPi~}.~nc~ is to moveit,~Ci~~';~.',~ If the cQmmissiQni~ryq~ wtlling,;"t9 require them to,dp'tt)at, then there has to be..QfIle mi:q.dleground. ' , . ~, .-' -, ':-~. .:.' . ',." t1l'"~,Godfrey asks if ,thecoPsiEtrvat ion restriction is st 01 ano:ptiiOn? Says Mr. Willet has...-entioned modifying. 'the de~~s,plilnting, and a conservation restriction all as optlQns;o Would we want all or a combination of some. Mr. Perry says they may require all. I'1r~. Godfrey says M.... Willet had said maybe a combination of two, of, them. Mr. Reade says aconse~vation restriction is not an easy approach because of the exis~ence of a mortgage. You have to have the consent of, the mortgagEte. Also he has a ,problem with a con,servation restriction like, that; doesn't'think it is what it was inter:'dedfor...prope,r-Jythat isn't subdivided or developable'.~ Adds' what about ar~~~riction that would restrict anything down.!n this are~a",q',that would restrict any additional structure!S, an addit'iQh 'to the existing str...,cture which woul? ,have tobeall".:t.'y from the wetland, or a conversion of theex~sting garage, j-cither than constructing a whole new structure. ...~, ;r~ "-..-..-..-.....-",->.~ ~ .- y Meeting Minutes for December 5, 1991 Page 19 t..: Mr. Wilson says sin~e the deck is the offending part mone than anything else r ightnow,and it ',s almost a token I consistency, he thinks'some alteration to the c:teckwould9o,la long. way to dispel anytproblems in the future. He thinks " that'-s really what we'r'eworriedabout. Mr. Wasiersk isug,gests we continue and let Mr. Godfrey bring in a set of plans shawing what he's willing to do. U have the input from the commission. Let's see what you wou d do to get how far from that wetland. Either it'sgoi,ng.to ,be enolJgh or it isn't. I ,think it would be wise to consider ~he least you could live with.. Mr. ~Reade says ifit involves, whate'Jer form it takes, \ any sort of restrictio,., I' may try to see ifit is a feasible situation. ' , MOTION: TO continue for additional information is made and seconded~ UNANIMCltJS, to * 10. Wiley- 39 Ba~terRoac:t (49-10'& 49.2.3-4) MOTIONf To continue for, a file number is made and seconded. UNANIMOUS * 11. Egan ,-91 W Chester !it :- NOll - :(41-93'> PrEtsent for the ,applicant is Mr. David Haines and Mr. Dean Lawrence. Mr. Perry says this i:s a determination for the state and a local notice. If we "determine that it's not subject to the state then a local notice carries. Mr. Lawrence says h~will make a general presentation ~f the project and idemtify the wetlands and what they are trying to accomplish in the overall pro.ject. Mr. Haines will then be more ~pecifiC about the individual wetlands and the appllcation. Included is a single family residence on a 13 acre si te that is betwE;!e,n'West Chester Str.eet, Cl iff Road and Pilgrim Road. There are three isolated wetlands and they are focusing on tn. areas. that do not encroach on the 100' separations from the wetlands but are also proposing uses that are adjacent to and in one'way or another do fall within the 100' buffer area of the wetland. The single family residence is in the center of the site and there are mixed uses that ,fall into the category of agricultural character. The uses are a little farm complex which is the entry area _.:_,;..,...:.......:.'.,__..;.,-....~:;.o.:;.~;.;,.~ ~".2.~~;;.-"-'~'1....; ',~- - <.::.,' -o.~;'<:. ;:&j,~;;l~-;~~:,:,-.i,.~.'..;,;:~~.,;;:~.-'4~~~~>>~~..J;r~~,'~-~"'_~'.'.,~~~~~'-~:~-' .... _-~.~: _ -, -_,;..-..;:.~.._..:;~_~...~......__..._....:..... ~.;.,";'~ -<'_ _~__..~__. __ ~..___... ~__ Meeting Minuteti for December 5, 1991 Page 20 f, 'li off of Pilgrim Road and adjacent li-ttle pasture areas which are upgrading what have been until very recen,tly hOft":6A! pastures. On the other side of the site wili beca: baseball field and around the residence itself and what.wetrB calling an inner courtyard is a fairly intensive lapdscaping program. The project is tied i,nto town sewer and town wate,r'. What they feel is appropriate i$,to have a trail system of approximately a mile and a half consisting- of compCilcted stone surface around the site thCilt c:reates- a very park li,l<e setting. The wetlands are basically kettleholes; one closest to the residence appears to have bee!'n a farm pond w,hich has grown back. The one to the north appears to be a more signif.teant one. The wetland to the south is aC1U)l'!-Et gradual bowltype:shape, shallQwe'[Cilndthey are proPQsi,ng if) some way to develop a miniaturecrCilnberry bog. They aren't encroCilching beyond the 25' Quffer on the.larger wetland and arept'oposing where they cia need to raise the grClqe for the ballfield that the slope to the 25' line be Cil two to one pitch and covered withna~ive ~od such as low bush blueberry;' In geryeralthe designi? ~ore ~omplete in the eentral area at this point; the barn is being r'enovated now and the barnyard is being worked on. They;are here tonight for guidance toward how they can make >tl1~ uses, related to ,the wet land work. on the site and fit into their general concept. Mr. Haines says the three wetland areas do not have inlEilts or outlets and therefore are isolated. The area is one large marsh area in the northern part of the ~ite, part of which is offthep,roperty. They assume that qualifies as isolated wetland subject to flooding under the State Act but it doe!!i not have a 100 foot\buf,fer zone. They have filed under the Nantucket by-law a Notice and a Re~uest also under the State Act to document these areas are under your jurisdiction. The northern wetland is shown on most maps as Flag Root Pond and is grown over. The kettle tYPe depression and the southernmost depression was also a pond atone timEi!. They do not meet the criteria .for isolated wetlands subject to flooding. The proposed work is to excavate the central wetland and reestablish it as a wildlife pond. Wetland shrubs will surround 2/3'$ of the pond and the re~aining third will be open for pond access. The cranberry bog they propose to excavate and remove the peCilt, bring the cent1""~l portion up with sand and return th.0peat on top of it to' create a bog, then construct ditches around the Qqg and ,a watering pond to provide,'irrigatior'l. There is al$o.an access road to the bci~. The run-off on tmesite wUI be'jqhanneled to natural swales and used to try 'to encourage tht r:-ea:h,argihg in the upland areas and minimize the amount of rurtoff into the wetland areas. All areas withln the 100' buffer zone will",be, reseeded to stabilize. The road surface"will be a compacted stone dust. ~ :,~~;",~~{i[~~; ;':'-;"!klt~T'e.1iDI'i1Jt-:JIT '~f~,;~\ . '.,;' '.... .tIt!., J.r ~'_'''''''oot:..;-''''~'''~',:Ool1!..,~,..''-'''ti.,,,,,,.,,-......iY-<;1.,,-..;.A:..~'''~':'''<''''''''w''~'"."',...~,.-'.",:,.;,"" .~',...,.:.... ~".~,/., , Meeting Minutes for December 5, 1991 Page 21 Commissioners look at the plan and Mr. Wilson asks about an area showing a pond that had not bee!n'mentioned~' Mr. Lawrence says it is a relatively shallow, lined pond that has a water feature that ruri~ down by and thr~ugh the main part of the h~use. It is a man~made, contained water system that is recycled and has fish in it. In a sense is like a swimming pool, is going to have different levels. Mr. Perry says the Supreme Court of Massachusetts ruled that ponds created by excavation on a upland site db not come within our jurisdiction, ever. Dr. Dunwiddiesays the concern he raised in the field was the fact that it appears ~hat you are basically eliminating all the vegetation that I like and leaving the stuf" that I don'.t like. Says he likes native vegetation and everything just about that's growing around the wetland by the old barn is non-native and a lot of it looks like it's growing on ' , fill. What's in there is native and you're going to take it au t . ' ~ .' Mr,. Lawrence says we would certainly be willing to use, . native plants, in the bog, 'the duck pond and the cranberry bog as well. Theywol.\ld be interested to disc,uss it with the commissioners 'further. Says they also .r~ going to treat the agricultural organically'and"not introduce pesticides. They are going to follow the standards for organic farming in the State o'f Massachuset~s. Dr. Dunwiddie that's'got to b. one of the few cases you'll ever hear me saying, I'd like to see that whole thing except what's growing in the middle, regraded, dug' out, , trashed. Mr. Haines says he thinks the....ewas some regrading done and doesntt think there is a lotOf"I'trash iti there now. They could do some morelahdscaping around the pond, enhance the wildlife value. Introduce other native species that you would like to see, make it experimental in the terms of upland and the shrub swamp. In the wetland you have Elder, Winterberry, High Bush Blueberry. Dr. Dunwiddie says but ~ost of that is going to be dug up. '4# Mr. Haines says not, all the wetland is going to be dug out, just the lowest spot sotihere will be a rim of indigenous shrub'swamp arounda/3's of it. Dr. Dunwiddle says he would have to see that in more detai I .;ind just where the bbuti&aries are but it'looked when ~"'> ~. , ,..,~~""~,:ilI;,,....."il;.;';~i~,'<Iilt - "" .~ -.. -- '>>~='-'~"""'''''"'"''';,>ii:''" "~;;';"j _"'.....:;c.~..:.c._". ..._.,..._.C'_.;__-'-_" __~____._.. ,_,-~"';'~~~~....r~_"': T Meeting Minutes for December 5, 1991 I Page 22 we were out there that all shrubs you are talking about were in open water. Conti~ given the scale of the mpdifications it just stri~ sme as rather ironic that the one area that to me,is, fr ma lc1ilndscape vegetation perspective, sort of:tralih is the one part that you're leaving. Mr. Lawrence says if y uwant 'to be a little more ~ specific about wha1;your r .'1 concerns are, we'll come back to you with a proposal that relateS to them. veg.~;~.~u~:~~=~:s~ays my real concern is loss of native ;"r,..~aflllrence SlilYs !jO therefore if we introQuee native v.g.:t.~ect:!we'tland!j into the plan you will be more receptive +':. ,; .', ,', . ': c. .;,.'..., \. . , ~ ~o/;i t1s"i. " "Mr. N.aines says ctpyou l,\ke t,pe idea qf the ,cranberry bog lEulvi",gmore of the remai ni ng wet land around it? ';.1~.pr\1!r,I)t..lnw.iddie tthe more r-fl!m.iJ1~n.g wetland you leave the ,h.tl~~i.Ell~: I 'II be. I'd li ke to see more deta i 1. ..."..<~~.:;:'it. ,;)J~~u:l....awrerlCe ScilY$ we,wl 11 mak~:a point at the next tl:..t'i~,~,~o pres~nt i you with that k,i nd of a response. / "l,:: ,- ,. ,t1r.Wasierski says what you're suggesting is from the edg.~rthewater ,nd up into the brush to leave that and jus~,~....ir'ig up the:: water area? And where the brush area is, ,;l15!tjJth~t.become water in season.. Mr. Haines says that would be your ditches. ,:~r,.,.Wasierskisays like Dr. Dunwiddie. said at the il1spe;~~on,althol.Jgh cr.canberry is a na.tive plant,' Why trash alt,tl'le ,othernat i ve plants that are already ther,e for another native plant. Mr. Lawrence !jays Mr. Donald I....iptack of ,the Sol Is Conservation Service expressed an,; interest in offeri'lg technical assistance where it Comes to the Cranberry bog itself and if we, could combine that technical assistance on the bog with th~ introduction of some more native plant material to make it more attractive to the area. I had heard a concern abou'~ bees on the bog from a neighbor .and was concerned about that iS$'oue and called the Massachusetts B~e Association and learnedU) that bees are pretty much going to make. bee-line from wherever they are to wherever they're going~p pol.Ainat~ ,ane! (2) we do nave an orchard ,plan down arpund that lower pond near ,the entry way and will probably be having some bee hives but we can locate those away from ~,_. .~ '- ~'" ....~.~.h~...,.,.."'~".IY.... ~'.__"" "<-->-.,". .clJ'..,.. T Meeting Minutes for December 5, 1991 Page 23 the 0 ther e,:,d of the; site so the a, ct i vi ty from the. bee h~. ve to the bog 1 s nor thsou,tM and not a,c:;rO$15 the road 1 nto t e I abutter's property. Ii ! i Mr. Miller, an abutter, asks to look at the plan an the plan is made av.ai lableto several abutter~ in attendanc . Mr. Perry says he was going to recommend the applic ;Ot get a management p Ian from SCS because it is reqiuired 'i the , local by-law. be. An abutter asks what the size of the Cranberry bog Also is it to bedraiined into another wetland. I. ilS to I Mr. Perry says 110' x 130' is what he measured. Mr. Lawrence says, the., water table at that location is at elevation 10 and so they would simply maintaining that same elevation. The water "",ouldn't be going anywhere. That's why the c;ranberry bog is IOl:ated where it is. , ;..' '-. ." "'.'. -. ( Ms. Betty Gl$ndinning"q anabutt..r, says s.Me made a tour with the manager and she was toldtmemain entrance was Pi 19r im Road ~nd th.ere;~as a servicer-oadon West Cttester for big trucks and there ar-e going to be roads all around the bogs. Her concern istrueking on.West Chester which is a dirt road and not mail'ltiai~ed by the town although Carl Jelleme does take some Of the ruts out. If you take big trucks in there...is wOndering why they can't go in~his way. Also,. are you going to d$stroy all this natural vegetation coming in off West Chester.. Attorney Richard ,Glidden says he represents Hr. Egan and West Chester is a public way, he agrees it should be fixed, but it is the town's responsibility.. Pilgrim Road is a private road. Mr. Lawrence says coming in off Pilgrim Road you go through a gate into a court yard, then you go to the driveway on the ~ight to the parking area for the single family residence. One of the concerns you had was that there were going to be big trucks. Says it's a single family residence ahd the related uses to it aren't going to require a lot of big trucks any more thana single family residence of this general ilk around the island. We would like to have them come into the ~urtyard and stop there or the service road that doe!$go along the cranberry bag is goinQ to be a controlled entry also. We really are interested pretty much in not having any big trucks in here anyway but if we have to it will pretty much come in the entry area by Pilgrim Road to that courtyard. On the property line on West Chester Road we would like to add some plant aaterial and screen to some ...._,._~...._..__~-',._;,.....;,,;.,,_~_.- j. '.ii'" :~ .~ '~.;;" ;~"~\&;;~J....~.:,.:..,#.,;--~,,;:...,"..~~~.-~~Ji..;;"H~'r,*, '~""';'~"'~~~ii:i~'a.Miifl!Jw~i_~"'~..,>>~.i..~..::;~;;;.~~ _" ~~.....- ;...,..;~'-._.,.......,....----...........""'-,,----.;.. ._~ ---.~._-- Meeting Minutes for December 5, 1991 Page 24 degree the area between the open field and the road itself. Another abutter asks about what appears to be a road. Mr. Lawrence says that is an S' wide jogging path which will have a tennis court surface. An abutter asks what is the intent of the Cranberry Bog. Mr. Lawrence says it is to enhance the quality of the agricultural character, it will produce some cranberries and willbeorganically produced but it is not going to be a commerc;ial production as it is just too small. \ An abutter asks how close to the fence will the path be and wil,lit be hidden from the hcnases with vegetation. -~ Mr. Lawrence says it's 15 feet to the edge from the pro~rty .line., Add$s YElS .it;wiill be hidden; they are going to' deve~C)P..aIQng'the paths!Si~n+ficant, planting that's going to_ bec:;c:>>",Efultimate:ly anal'"t;),or~~~../_ Will be having a greenhouse to'~rpp'agatetheirownpla'O;t:~~,.at.rial, both plants and trees. ~ct.i,i"'i~tially they will be bringing in some very large trees and'pla;nts. An abutter says 'her ,concern is with the animals; asks ""hat;ikind of' animals are planned and what about the noise and thesme!ll. Mr. ,Lawrence says they plan to have a couple of Cashmere goats which is a small farm 'goat deal that's going on in the countrY right now. A couple of miniature donkeys. Primarily for his children. There shouldn't be any smells. Mr. Wasierski says he wants to terminate this; this hasn't anything to do with wetlands. We're only here for wetlands, not livestoek. Abutter asks where they would ask such questions. Mr. Wasierski responds 2BA and Health Department. Dr. Dunwiddie suggests that while everyone is still amicable the concerns be addressed> directly to Mr. Lawrence either in the. hall outside or at some other time. If they are not satisf~ed then talk with the Board of Health. MOTION: To continue for additional information and a number is made and seconded.,., Mr. Haines says you want ,more de:ta,il on,the pond and on the cranberry bog. 1 Meeting Minutes for De~ember 5, 1991 Page 25 ~r. Perry says also we ha, ve to decide if they a,re subject - to tHe State Act or not. The only one that is subject to the act II s the cattai 1 marsh and under the state act there is no buff r zone and the works is proposed to be in excess of 35' or s outside the wetland. They aren't doing any work in the isol ted wetland so it's not subject to the State Act. The two mall ones are under our jurisdiction and they are filing a No ice to do the work. There isn't enough surfaeearea of I wate,r. I ,Mr. Perry and Mr. Haines discuss how they calculated the squ,re footage to arrive at their conclusion. Mr. Perry summarizes wnatwe need to do is issue a negative determination and continue the local notice. UNANIMOUS * 12. Wetherl:ll - 45 Hulbert Ave - (29-16) ~. ~ Mr. Perry says he would like to take Copstable and Wetherill at the same time. They are abutting properties and are somewhat related. Present for the applicant is Mr. john Shugrue. Mr. Wasierski reads the field inspection report which states he would rather see the dune restored than the bulkhead lengthened 30'. Dr. Dunwiddie says can you lengthen a bulkhead? Mr. Shugrue says you can ask for it and where we're way above the high tide line it's not considered a coastal engineering structure. Mr. Perry says but it used to be under the dune and he woul.d rather see the dune replaced. Mr. Shugrue says he will very happily replace 15' of the dune if you will let me do 15' of the bulkhead. Mr. Perry says Henry Street is an old way that's been blocked off, the dune is about> 15' high. On the other side is Cafritz's pr.4lperty.who needs t4) rebuild the dune' ihfront of his house. Between the two of them they could rebuild the dune back to where it was. If o-nlyhalf of the dune .was going to be rebuilt I could see extending the bulkhead, but both will be doing it. Dr. Dunwiddie asks if the bulkhead is completely gone~ ,1..,,, '6'...."~"'.,:'<~~":..."""<,,,;,:;";><.~J"'_;li;;~tr' ~-.~'- - - '~'-~ill.._~~....-.;;,.;".,;;[~.j_4"~~~:.e:~~~..y-;.t~-.....';'.' ., ;A..~ l' Meeting Minutes for December 5, 1991 I Page 26 Mr~ Perry says yes. ! I Mr. Wasierskisays this is the one where they ug up the 1 awn to pu tin a new one but ,it never got done bee use the storm came. Mr. Shugrue says yes the sod was del ivered and ,the sod was placed and it stayed four days. Mr. Wasierski says why don't they just put a n~ce dune there? 0...,. ~unwiddie asks do we have to let them repllce bu I khead,~ the Mr. Perry says with a Notice YOlJ can say what you'd like. I Mr., ,~ilsonsays from>'trye",t,.ndpoint of coastal]. -engine~J'"ing wouldn't a du.,sasfar as you could stretch it be biet ter~~ " ' Mf.Shugrue says ,the only time you are going to be able to do~h.at is .toijo down Hulbert Avenue and pull everyone of those groins. Mrrj, Perry says gro ins bui 1 t up beach, don't, they? ,Mr~Shugrue says they build it up on one side and erode it on the other. Mr. Wilson asks if they are high groins and what their condit'ion is. Mr~Shugrue says they is-relatively high and Cafritz's is even higher; they are semi-healthy. Mr. Wilson says what he's driving at is wouldn't a natural structure that was done in concert with as many people as you could get be better-than something else. Mr. Shugrue says it would be a lot cheaper but it would be more damaging to the properties both aesthetically and the amount of storm damage that could be done because you'd be replacing it every tim~ you had a storm. '-4 Dr. Dunwiddie says it seems 1il<e one of a few opportunities to get rid of a bulkhead. We don't have any guidance at all from the State on this? - 1 Meeting Minutes for December 5, 1991 Page 27 , Mr. Perry says the State said if~it was more than 50Y. destroyedHthey had to !file a notice..'. Once you get a notice process you can either approve or de, y. ! Dr. Dunwiddie says but if. this w s a new file before us, we have this little clause about no ulkhead, groin, etc., if this was a new notice shouldn't that clause be in there? than 50Y. destroyed, Mr. Wilson says it is, it's right. Mr. Perry says it's 95% . I destroyed. shouldn,lt that clause be in Dr. Dunwiddie says then there? Mr. Perry saysdnless you consider calling it repair. Ms. McColl says how can you repair it if it's gone. Mr. Kelliher says you can still repair something more than 50% gone. Mr. Perry says under the emergency regs you could approve a repair by i~suing an emergency permit if it was less than 50% damage. Mr. Shugrue says for bulkheads it's less than 10Y.. Or. Ounwidd'i~ says I' 11 like to see a dune here and if the state wants to overrule us and say they'd love to see more bulkheads along the ~oast, let them tell us that. Mr. Wasierski says he agrees. Mr. Pt:!rry says he will get some guidance from the state. Dr. Dunwiddie says all they tell us is that bulkheads are bad, get rid of bulkheads, we don't ~ant them any more. It's gone and we're supposed to say put it back? Mr. Wasierski says let's continue for a file number. Mr. Wilson says and a site visit. MOTION.;' To c:.ontinuefor a site visit and a file number is made and seconded. UNANIMOUS * 13. Constable - 43 Hulbert Ave .,'.;;. (29';";:17) :.;:.'~~"" --.- ..,...."".~'i:"'-'1:::~~-:i"..;>I'~ <;:,<;-;, ;i:, ',' .""''.c..'-'---.____.-C.c___~.__,__. ;;,~";;:~.:<_~~~:',~~>j~::> ~.:.::.;.:< :.~'f ...~ Meeting Minutes for December 5, 1~91 Page 28 See above discussion for Wetherill which app~ies to this heal'"ing as well. MOTION: To continue for a site visit and more information is Made and seconded. UNANIMOUS B. REGULAR MEET I NG 1 . REQUEST FOR DETERt1tNAT lON a. Egan -91 W Chester St - (41-93) MOTION: To issue a negative determination and is subject only to the By-Law,b4sed Qn"theai.scussion in the Notice above, is made and seconded. UNANIMOUS b. Tillotson - 21 Woodbury Lane.... (41-547> ,Pr-esent for the applicant is Mr. Ted Tillotson and Glen ; .Wi lis. .. Mr. Wasierskireads the field inspection report. The oplf"lio1'l ~s.the wetland is down slope from proba9;leho,U9E1site .~~,the actual limits of work are, nO,t shown. Recommendation i'S;',t'oof.,.er the applicant two options:, no dhiturbancewithin SOt of the conservation (easement, or if so to fi lea Notice ltO be able to do work in that area. Mr. Perry says there is a percOf!!d wetland ,and the edge of the conservation easement as staked. The reas~n he gave the option is we don I t know where ,the house, is go i ng Or how they propose to landscape. If they keep outside the 50' buffer they. don't have to file a notice but if they want to expand the landscaping down to 25' they may be able to do so by f i Ii ng a no tic e . Mr. Tillotson says the purpose in coming to you is to find out what if anything is ~ubject to your jurisdiction. Mr. Perry says 100' from the conservation area is within our jurisdiction. If you don' tWc1lpt to file a Notice of Intent you can'4tstay outside of SO'. MOTION: To issue a negative deterMination as work described is in the buffer ~one but will not alter and add "all disturbance to be outside of 50'11 is Made and seconded. . . Meeting Minutes for December 5, 1991 Page 29 UNANIMOUS c. Keenan - 11 Fulling Mill Rd - (27-24) Present i,s the applicant and .John Shugrue. 'i. ~, Dr. Dunwiddie reads the field inspe~tion report which says during the summer the applicant mowed up to the wetland boundary and the isolated wetland-was altered without a permit. Recommendation is to set the limit of the wetland boundary from the flooding of the last storm, immediately require the filled wetland be restored and the25'buffer zone around the wetland and the salt marsh be replanted. Mr. Shugrue says the house addition is not within 100' of the kettlehole. Itlswithin 100' goi"g to the north. The sept.ic system iscompletelyo~tsideof your jurisdiction. Dr. Dunwiddie asks, if the appli~ant is in attendance and if he is amendable to their recommendations. Mr. Shugrue says he is in attendance and he's amendable to some of the recommendations. What he would like to do is get the house'appro".d. That's why he is filing two determinations. . One 'lsju.st for the house and the other i's for the mowoi'ng that is dory,it .and I assume from list~ning to the field inspection report that you're going to want a full notice of intent for that one. Commissioners say yes. They review the plans. Mr. Shugrue says he would like a determination on the house that yes it is within the buffer and no it won't alter. Mr. Wasierski says ~aybe we should get the high water line staked and put on a plan so we can see exactly where it is. Dr,. Dunwiddie says considEtr ingwhat I s gone on on that property, I'd be more comfortable if I sawall the wetland boundaries as they are supposed to be shown on the plans. I hesitate to say won't alter without all those things showing in blaek and white. If we didn't have a history of grass infractions; I'd be included to say go ahead but having seen what's happen l'd hate to 'say oh sure, won't alter. We'Te not asking for.., lot. We're just ,asking the wetlands be flagged. Mr. Shugrue says he can modify it and bring it in tomorrow but if I get it in;to Mr. Perry wouldYQuagree to sign a would not alter as long as it's 100' away and I'll go out with himahd get it located in the! morning? I . Lr4~ '111111..' ~lIItlJ"\liE~~' - '"" ".- ~ I' Meeting Minutes for December 5, 1991 I Page 30 Or. Dunwiddiesays his Gne isn't any where near 100' Mr. Shugrue says wi" ve got 70+ there (to the North)' right now and most of the ot er houses you let go in that area very easily in adeter~ina~ on. Mr. Wasierskisays \let's see where his high tide mark comes first in relatio to where the house is. Mr. perry Says.he .knd Mr. ~:;~~~:ea~~ ;~~ ~~:m~:~t:~ers Shugrue can flag it over the sign it Monday,or we can COfl'miJisioners discuss and ilgreeto sign the determination fo~ "'the.redoi tionaf'ter the'wetland. is flagged . Mr. Perry says the meadow definitely needs a notice. . Dunwiddiesays he thinks that's such a big area. . Shugrue says why don't you continue theM both;-but you 're going to straighten the house out Monday or Tuesday. ,:T~Mr. ,Wasierski says we're going to do that over the Wekend. MOTION: To continue both determinations at the request of the applicant is Made and seconded. UNANIMOUS d. Keenan - 11 Fulling Mill Rd - <27-24) See above discussion which applies to both determinations. MOTION: To continue at the request of the applicant is made ahd seconded.. UNANIMOUS 2. ORDER OF CONDITIONS a. Geyer - 11 Woodb~ry Lane - SE48-678 (41-550) u.4 Present for the applicant is M~. Glen Wills. Mr. Wills question.~17, the use of non~wooden alternatives. ... 1 Meeting Minutes for Pecember 5, 1991 Page 31 Mr. Perry explains that is standard language. The only one that is ~dded is'#lS. Mr. Wil~s says that is fine. MOTION: To issue the order as drafted. s made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS ".....E~~ard>~V~r DEP,FIi..E .~'." se'tS-678 ASSES~OIJJ$>~i(t.l"fl'" "'.!I:so '; "->l,, 'WQfJ~"Qr;V .~ UNDER THE t1ASS~~,.t!!Jt.,tEi1.~., f'RtlTECTION ACT (ttGLCHAPfER'1::l1, ~Ctltwl40 ) AND THE WETLANDS 'BYLAW OFnE'TOWN' OF NAN'rUCKET ( CHAPTER 136 ') I l. 3. Pur$uant to GeneralCqndition Numbl!!tE S,this Orger of Conditions must, be re9ist~r~d, in1~~Aegisitry of Deeds for Nantucket and proof ofreco"'dingsh.~l be submitted to the Commission, prior to cOmmf;!nc:ement Of any work approved in this Order.' ,., . ' 4. No work approv~d urlqer ,this Order. ~hall take place until all administrative appealjt)eriods from, the Order have elapsed, or, if an appeal hasb.en filed, until all proceedings have been completed. 5. Prior to any activity at the site, asil~ation fence or a line of haybales shall be staked alon9}he upland edge of the 25. foot buffer zone to the wetlands boundary, or at a higher elevation. After ,the fence or haybaJe$are installed, notice shall be given to the Nantuc,ket Con.ervation Commission. No work shall begin on 'the si'te for 4S hourli af'ter said no'tice is given, so as to allow Commission members time to inspect all siltation devices., The siltation fence or haybale line, erected to prevent si I tat ion of the w~t l.lmd dur'i ng construction, will also serve as a limit of activity for work crews. It shall remain in good repair during all phases of construction, and it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the Commission. "4 6. An as-built plan, signed and s.tamped bya registered professional engineer or land sy,r-veydr in the Commonweal th of Massachusetts, shall, be submitted to the Commission at the same time as a written reques~f'f:)rCl Certificate of Compliance and shall specify how, if at all, the completed plan differs from the final approved plan. The as-built plan Meeting Minutes for December 5, 1991 Page 32 shall include, but not be limited to, the following: any pipe/culvert inverts"for inflow and outfalls; pipe slope, slzeand composition; location of other drainage structures and their composition; limits of fill or alteration; location of all structures ar'ld pavement within 100 feet of~tland; , the edge of the wetland; the grade contours within 100 ~eet of the wetland. 7. Members, employees, aRd agents of the Commission shall have the right to ente,randin"peJ;t the premises to evaluate compl iance wi th theco'1ditions cand per,formance standards stated in this Order, th~J';Iantucket Wetlands Bylaw, the Regulations promulCiJatE,!dl.Jnd~r theByla~~,the Massachusetts Wetlands Protect ion Act,,> ana per t ine~tMassachusetts regulc1.!,~fflns(310C;MR,1()i~Op!'hrot..Uilh 10.99).. The Commi,~sion may irequl,re ,the submitt~l()f any data deemed necessary by the Commission for thatevaiual;ion. 8. The; applicant, owners, successors or 'assignees shall be . r6B(),,~ibl~tC'for.,cnaintainiT')gany on-site drai nagestruc:tures an9.'out,,!491i$i,a$sUri,ngthe lasting integrity of vegetative CO~,Ettr:,on>thes'iteandm~lnitol"'ing site activities sO as to, prevent erosion, siltation, sedimentation, chemica~ .,c.(;lqta~~9,,}~ion or;- ,~,~~~e,rdetr imentalimpact to any o,:,"':'~~t, or off-site resource area. It shall be the responsiblllty,of "theprQperty owner of rel;or,d to see that the maintEtnanc:e "-:''','' ::: -' ;. '-~';: >: ;"-,', , .' _' ".: - - " " .', ',' ' - - ~ - ,'''_'' - - "_ - >.;:: :-: .~- - - - " - " _ - _" , .;>!i _ ,- - - - - I 'co'1d ~t,i ons 'are comp Ii edwi thas required by this order. <',"':"_ :~;,;.I;_ii"..,i.-< ',", -:.i' 9. 10. ,;..;':; . tJ~~~,r,ip~tfolel.lmproducts from the maintenance of construction eqU'!pm~,f,(t, c::onstruction debris, and unused paint and paint- relat~d"" pr~f;lucts shall be col~ected and disposed of re$ipt;irlsJply off the site. No on-site disposal of these items i,$allowed. 11. Dust 26ntrol, if require~, shall be limited t~ water,. No salts or other wetting agents shall be used. 12.. Any refuse material found on the site.,shall be disposed of at an approved landfill and in no case may these materials be buried or disposed of in or near a wetland. 13. This Order of~nditi~ns shall apply to any successor in interest or SUccessor in control ot the property. 14. In all cases, no par~ of any !Structure, inclUding decks, may be closer than 50 feet from the wetland boundary.. _, ~i'.ii.,.";~".j.'.~j;"V-"~;A.;";.,,-~..i;t.'.c..."::H"~,,itr-~~""')II'"""--''''''''"' --' ->"""".-'i'~:"-.!..i:.-"'::..';'~~":J."~~~~~_.~'__.4"",,:_~__~__-,_.,,,:....__,~ ........______-.._.~_-.;...c_~~_'_~~__ . . 1 Meeting Minutes for December 5, 1991 ~;,~ I Page 33 1~. Natural vegetation between the wet'land edge and the project site shall be left intac:t. Except: as allowed in Condition #18 there must be at least aE5-foot 'ndisturbed buffer zone on the upland sideo'f the wetland bo: rtdary. 16. To minimize adverse effects on wi dlife, the use of any pesticide or fertilizer more than 15 feet from the house is prohibited. 17.. , The use 0, f timber pressl,tre treate~, wi th CCA fcromated copper arsenate> or its equivalent isp~mitted. Creoso~e treated t imbers,.1"'e proh flitted,',...,."., i,hecom~ission> suggests the ,us'e of non-wooden alternative ",a'terials.'Ibe' used. The wood ' pr~sE!1'"vative must be dry before the treated wood is used in co:nstruction. 18. Prior to any disturbance of the 25-foot undisturbed buffer area, the apPlicant shall submit to the Co.mmissiQ-nfor its a.pproval a lanc:l$c:aping plan for the property and the buffer zone. The abilit'y Of the applicant to disturb 'the buffer zone is. based on the unique nature of the wetland which is loc:ated a't a higher elevat i on than the app I i cant · s proper t y . ### b. Tristram's Homeowners - Long Pond-SE48-443 - (30-90) Mr. Perry says he has not talked with Mrs. Parquette who lef'"t a:me!lsage she had some questions. MOTION: To continue in the absence of the applicant is made and !Secor'lded. UNANIMOUS 3. CERTIFICATE OF COMPL lANCE a. Godfrey - 325 Polpis Road - SE48-415 - <25....40) MOTION: To continue for additional information is made and seconded. UNANIMOUS b. McMaster --4 MOTION: made and - 26 Western Ave - SE48-362 - (,87-77) To continue for additional information is !leconded. . ' UNANIMOUS c. Hall - 44 Tennessee Av.r;...'SE4S....393 - (59.4-193) ~~;,~~ J ,. ---~""'-'" .,' '. ',.',',', ,',' ',"',',""," . ,,' ' "., " .' .., ~~..,~,-.~~'-~.e;..'~~.~~~....."'.Joo''"'~.ys-;.''''':i.Vp;:~~~:-.i..j;'',f:;i1~~~~~.;~;~;.J"s~->- '~....~-m~..,c".;,.-!.i."';.,.t.. ....~~*-~~' .~.. ~ --- -, '1 --' ----'....'-(1 r Meeting Minutes for December ~, 1991 Page 34 MOTION: To continue for additional information and a field inspection is made .nd secbnded. UNANIMOUS 4. PLANNING BOARD'REFERRAL a. Somerset Farm Subdivi~ion Mr. Perry says he has not be~n out there to, inspect but does not ,think there are anYll\let.lCllnds. Commissioners discuss and agree to continue fp,r afield inspec t i on. 5. ' ttlTIER BUSINESS a.. Anapo 1 ..;.. p;ennsylvani2a Ave. ,;-"' SE4S"i192 J ..'/. 'i,P,resent is Mr. Er ichs~n ,\,anab~tter, .who; afJiPlicant still needs to come in with a plan m..tings. 'Mr. WilsOT\ asks Mr. Perry ,why Mr. Forns clidnot show.up tc:h;'tlght . - ; <bO..3. 1-:-.17) '1, ",: . j commehts.the after eleven Mr. Perry says Mr. Fo,r;ns left a ,m..sageon thAi, tape and when he returned the c,al L he had alrejidy left the office. He said that Forns had. be~l\m,~i~~ngfQr; some infQrmati.on he has il.lst got today and hedid1'1~tha..... itr4ilady,andask4ild it be continued. Thinks the Commission made it perfectly clear two weeks ago that we wanted them here tonight. Dr. Dunwiddie says I think",he wins 11 to 4. Mr. Wilson says 1 think, it's time. Ms. McColl says we've ptit up with this and put up with it and put up with it, I'm tired of it. Mr. Wasierski says I, am too. Ms. MeCo11 sl11yswe've first meeting in July. , ,4f Mr. Wilson says last plans. been asldng him to be here since my . ' , . meeting W~t'!!$uggested he come in with "j,' ;"",,"._", C ; :,:i, '," _~; Mr. Perry says correct and he 9~,n.,.pol> said he wouldn't be able to be at thi!i:jme.tingand:"..s',.aidwe don't care, ~... -~ ~ .. . \. . Meeting Minutes for December 5, 1991 Page 35 somebody will be ~~le to come in with plans and they all agreed. Mr. McColl says Mr. Forns said he could do it no probl~m. Mr. Perry says and to call at 4:30 the day of the meeting not a lot of warning. Mr. Kelliher says I move we issue an Enforcement Order. MOTION: To issue an Enforcement Order is made and seconded. Mr. Wasierski says what are we going to put in it. Mr. Perry provides an order he had drafted several weeks ago. Mr. Wasierski says one thing was to put. up snow fence immediately. How long can we give him. Mr. Perry says till next weekend or ten days. Mr.. Walllierski says and then the fines will start after such a dClte.-at $300/day. Ms. McColl says yes. Or. Ounwiddie says can you do that per pay. ~ Mr. Wasierski says yes because every day is another offense. In the meantime between how and the time the fence goes up, what about DEP, getting them involved. Mr. Perry says DEP is coming down for two site inspections on the 12th. Mr. Wasierski says it wouldn't hurt for him to go out and look at it. Dr. Dunwiddie says he may not take action at this point but if he goes out to see the site and you tell him it's been going on for 22 weeks he'll realize. Mr. Wasierski says also included in there is that any work will requ,w-e the. filing of a notice of intent. Mr. Perry says the fines will be under the local By~law only. UNANIMOUS b. Staff: Mtg. Airport Pipeline - 10 a.m., Tues, Dec. 10 , :;....:.,...~~~-' - -.4"_"-....0L;."......- ~- ..' .~"~.""'.~"'t.iiJ:olt.~~.k::.J1~;>~.~,,i;,-; ;-,;,/-"~~'s;;.~;-";"";"~~~oI,...~,':"''''''''':';~.::L -.~;.;:-../ .<.;t~:"'~:~ri";':'~"'~'~~"'-~~u-"~.t,!~~1IO:.~..~-. ._~-.- "'''''''~~'IO.'''''';~-'I",,,~.:.,,.it.,-''.''~~~.-:-i- . .' .. T Meeting Minutes for December 5, 1991 Page 36 6. CORRE~E 7. MINUTES: or November 7, 21, 1991 To accept minutes as drafted is made and seconded. B. , BILLS "fD ar PAID FIELD INSPECTIONS: Monday, DectMber MOTIOJ: To adjourn at 10:35 p.m seconded. 16, 1991, 3:30 9. was made and UNANIMOUS .,4