HomeMy WebLinkAbout1991-12-05
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Town of Nantucket
Conservation ~ Commission
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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
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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
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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...
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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
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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
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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 $ays he would feel safe gi vi ng a wa iver on
the ho-us. if the septic could be put the furthest extreme it
c:ou).;d.
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J' :;,,<',\J?r-~ J.)u~iddie saysi f it has to be pushed c loser to a
, ~:ti1!hr,*, pU$h ittowo1lrdsthe' s_11er wetland rather than the
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'< '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-.
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Qr~Dunwiddie says he would have no problem making that
reelimflH!nc:tation.
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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.
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Meet'ing Minutes for December 5, J991
Page 5
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'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.
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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.
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Ms. H~ssey asks if the septic has received aqertificate
of compliance.
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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)
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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.
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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.
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c;Ql'"~'J)tJnwidd ie asks what is meant by contro I Of:~f;fh.f~nt.,
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'tt~ . Perry
any p" IJ1at io n '
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,....'t1:...~,Ha$iersk i asks ho~, this his propose~ to beCltm,.
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say$ the dewater i ng. They' want to maie,:'sure
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in the lighter sediment stays in ,thedjam.,earea.
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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
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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$siQn the Commissioners agreed November 1
to April 1 is the. bestt ime to dredge.
Claflin from SHAB says there is so little
there he doesn't think it is going to affect
As far as they are concerned the plan looks
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MOTION: To close the hearing and draft an order is
mage and seconded.
UNANIMOUS
8. Arnold ~ 123 W.auwinet Road - SE48-680 :- (12-9)
Pre$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.
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Meeting Minutes for December 5, 1991
Page 10
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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.
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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~':..':;","/
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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...,.:""",,;- ,
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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
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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~,;~\
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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
~"'>
~.
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..._.,..._.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
~,_. .~
'-
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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'"
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~~.....- ;...,..;~'-._.,.......,....----...........""'-,,----.;.. ._~ ---.~._--
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' ~-.~'-
- -
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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 ,.
---~""'-'" .,' '. ',.',',', ,',' ',"',',""," . ,,' ' "., " .' ..,
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-,
'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
,
:;....:.,...~~~-'
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. .' ..
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