Loading...
HomeMy WebLinkAbout1990-01-11 -~~~ I:..r~~ :tf*-~ x ~~~Kj ,,~.. ~~~=--I~J ~J;. "'... ~~. ......"tJ ~ ,o~p".'''''.Q' , ..,-. ORAl" ...rJj ............,.. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street N <llltuckd, Massachusetts 02554 MEETING M I NUTEStJJ[L J A!\JU.on'L_LL~__t?_~Q The Meeting was called to order at 7:05 PM In the Large Group Instruction Room of the Nantucket HIgh School. CommIssioners present were Peter Dunwidclie, Cal-l Borchert, Lee Dunn, I--k>nr-y Wasierski, Donald Visco. Also present were Ben McKelway, Administrator and Bruce Perry, Secretary. ~ COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC None ~~ PUBLIC HEARINGS 1. Old North Wharf - SE48-546 (lt2.3.1-225,29~30,32,33,34) Present for the applicant was Melissa Philbrick, counsel of Vaughan, Dale & Philbrick. Mrs. Philbrick states that the applicants are working on the draft EIR. She submits a new plan she calls" Lta " to replace the plan # Lt submitted at last meeting. It is the same plan as submitted to the HDC. She comments that the consensus of that Commission (the HOC) was not very supportive. In relation to the memo that was prepared by Commission staff, the engineers are preparing responses to this Commission's concerns. The exception is the staking of the wharf footprint listed as # 11 in the memo. Mr. Borchert asks if there is other information that the Commission requires ? /"Jr. McKelway rt""pullu'c, L1ldl. II IU (lr LllI' 1110'111(1 '.'-.It(.., '-11"'- 111(' DEIR must rl~sponcl t.o the wl.I.LIlHf j'.'_,lt(,,:, t.hat. WPr-!' 1111lll()ht. lip by ulller ~Ldl.L.' dlll.1 \'11 "I dlJl"IO 1(.... l-Jr' 11.,,/(' 1 <11111111,..1,. t ,11/11 f'~'I'l, DEP, Mass. Ilisla!" if .11, ute. ,11111 t.llI' rWIIl Ilpl'rl', t.o I pspnm1 1:n L 110 se i S~.UL'':... . t"1l. II" I 1 Ill" I. 'I' V I 1 'hJ'. " II . I I ., I ( . I .,( , l\ t ,,, (vir I) n h v I '1, I I'; t I I' Foote-Smith of DEr' and cl1/T1ments tl1<'1t. It Wd', qlll!.!" L 0 m pIe hell ~~ I V L.'. II L' .. ' . \. " w h I (1\ I' I ,I I Ii,. " II' r: I) III III I ' , '. I r II I fJ /I I II fJ ,() be reviewing 7 MfA r J,. q, \ q'iJ JA1- %ly1,(0'lJ\t ~k,,~ Town of Nantucket Conservation Commission (508) 228-7230 (, Chest nllt Street Nantucket, Massachusetts 02554 l'1eetirlg Minute'=; January 11, 1<J90 Page (~ Mrs. Philbrick responds that the MEPA scope of the project l-equired that the Sanfor-ds look into other alternatives fOI- the project. They need to decide what depth of study fur each alternatives. Hopefully, by the Commission's February 8 meeting a significant part of the DEtR will be completed. Mr. Borchert comments that the originally proposed plan generated less than enthusiastic response and generated these other plans. Are you going to decide on one of these plans to put before the Commission? M r s. Phi 1 b r i c k 1- e s p 0 n d s t t I a t p r- 0 C P. c1 U 1- a I I y t h P. a p p I i can t must give the Commission a plan tu approve or (jeny. After review of the DEIR there will be a specific plan submitted to the Commission. She asks that the hearinq be continued until the first meeting in February. Mr. William Straus of Lang, Straus, Xifaras & aullard, counsel for a group of abutters, comments that the continuation raises a problem for the public. While the DEIR is helpful information, it is not necessary for your review of the project. Some specific proposal needs to come before the Commission for review and permitting. Otherwise, the Commission is giving up its review to the State authorities. When all the information is received the applicants should come back a-fter public notice to a speci-fic date. This process is allowed by State CMR 10.5 See. 5 (b). fhE' appl icants do not know when all the ini-ol-mal:ion WI I I bf~ c:nmplel:fO~d and avai lcclhle to the Commission and ,-JuLll ic. In c:ont.inllP to d rlatp c'jlPclfir helps the publiC and duutLel-s. Mrs. Philbl-iCk state,:" LllaL tillS dcL1Ull lIIay nul. IJP PI)'::,'.>!lll",' unrler thp ] or: ,'I I rptllll ,-1'- i nne, . Mr. Visco commpntc; 1.I1.1t he (l()I~Cj not: havE' a gl-eat problt>m with continuing thE' hear-ings. The projl:>t:L LhanfJe~i dnd COfllffiPnt.s come in and till Duqll tilL> Ilf:dl illlj jll-(J( F",c, 1.I1E' r:()IlIl11i'i'>!Oll lJ(~t~i the information r'equIr(~d Lu rnakv d dpClSlUfl. 1I11~> ploJect. I', to big tu ilia k t-' d qUILk UL'LI~>IUII. l'1r"s. 1'llll!.JI ILl, ,HId', L11dl. Lilt! 1111.1'111. lit IItl', I1llo,'IIIIIJ "oJ..'. to 9 i vet h e C () tll tlll ~J l~, i () n rill Ill' ( 1.1t. I' I) f lolli d t. 1 'j " .II 'r H . II 1 I H) . ~ ~~14TUCIt't'~ ~~ ,. -1- ~~_. ~} . X~~-- }::~ ~~.. ~~=--I.I\.I ('~ ~~......."t.)~ 0-9~.."'.";,Q. , rORA1.._:..rJj ...."tII"- Town of Nantucket Conservation Commission (50H) 228- 7230 6 Chestnut Street Nantllcket, Massachusetts 02554 M t' e t. i rH] M i nut c"e; Ja II U d I 'y' 1 1, 1 rYJ (I p,l(JP :-1 Mr. Dunn comments that the hearings can drag on. We need to notify the public of a certain date that information is gOIng to be discussed. Mr. Dunwiddie responds that there would be the possibIlity that important information would come in during an intermediate hearing and the public would not know about it. Mr. Straus comments that this pr-oject is uniqup in that on ~roject that was suhmitted to the Commission has rlivirlpd into four and one half alternatives. When thf~ applicant deCIdes on OnE? pro jec t, tllen tlley ShOll 1 d LOmE' hpfol-P the' Comm i CiS I on fo!- approval. I feel that the February 8 meeting date is to early to expect that the studies will be done. Ms. Philbrick asks for somE' input from the Commission 011 the plans. Mr. McKelway responds that the Land Under the Ocean regulations are very strIct. The project shall have no adverse effect on wildlife and no solid fill piers shall be allowed. Chery I Cre i gh ton of the Nantuc ket Land Counc i 5 ta tes tl)a t it would be helpful if a specific date was established for the studies to be available. The information in the studies is necessary to make a decision. Mr. Dunwiddie states that a decision will not be made without the information. Mr. Borchert comments that it is difficult to compare the d iff e r en t a I t ern a t i ve 5. T h (? S C a I e s are d I I d If f e.- en tan dIn some cases incorrect. Mrs. Philbrick responds that thE'se plans ar--e just sKf!tches of various concepts and not plans for construct.ion. MOTION: ru contInue unt.il Feb 22 meetinq was madE' c~ncl seconded. Mr. John Moore, an abutter, comments that he will unable to attend the meet i ng on that ejate and suggest the? hear i ng be continued until Mar-cl). Town of Nantucket Conservation Commission (508) 228-7230 6 ChL'Stnut Street N antllcket, Massachusetts 02554 Meeting IVIIllutes January 11, 1990 Page 4 Mrs. PhilbrIck comments that she is not authorized to continue past February. Mr. Moore adds that the Commission should take public input on the continuation date. Vote: In Favor - Borchert, VISCO Opposed - Dunn, Wasierski l'1ntiol1 Fails Mrs. Philbrick states that in order to get permission to continue until March, I will have to talk WIth my clients. Mr. Straus states that the applicant opposes the continuation until the March hearing. Then the hearIng should be continued until a specific date when all the information is available for discussion. Mrs. Philbrick responds that it is up to the applicant to move the application along through the process. MOTION: To continue until February 8 meeting at the request of the applicant was made but not seconded. Mrs. Philbrick states that if the hearing must be continued until March she will allow it. MOTION: To continue the hearing until March 8, 1990 meeting for additional information and with the permIssion of the applicant was made and seconded. LJf\lAN I MOl IS 2. Nancy Claflin - 35 Wauwinet Road - (20-34) No representative was present MOTION: To continue the hearing for more information and the receipt of a DEP file number was made and secunded. LJNAN I MOU~~ 3. Fr--ancis - it! Duke" nOdeJ -- NAN8'7-003 (St-,--~]27) ~~"'TUCJr~~ ,~ ~ .., .1- f. - ~i :'_iJ '('~ ~-='/...lO.:~ 0-9~..."":'Q. , "ORA1.. "..rJj .....,.. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chest nut Street Nantucket, Massachusetts 02554 Meeting Minutes January 11, 1990 Page 5 Present was Bob Emack of Nantucket Surveyors. Mr. Emack requests that the hearing be continued. Mr. Borchert asks what we are waiting for from the applicant? Mr. McKelway responds that the appl icant need,,:, to fi Ie a State NOI, provide a plan that gives an overview of the three lots, provide some alternatives to the septic location. MOTION: To continue thE' hf~<:ning dt the request Df the applicant and for more information as discussed above was made and seconded. UN AN I /"IOUS 4. Sandra Gillies - 145 Wauwinet Road - (11-7) Present were the applicant Sandra Gillies, Thomas King of Milton Rowland Associates, designer David Halnes of Haines Hydrogeologic Cunsulting, consultant; Chip Hart of Hart and Blackwell, surveyors; Andrew Leddy, counsel. Mr. McKelway summarizes by stating that the hearing was continued from last meeting to allow the applicant to produce additional information to the Commission and to talk with abutters concerning the project. Mr. Dunwiddie reads the Inspection report and asks the sIze of the existing house and the design size of the septic replacement. Mr. King responds that the house is estimated to be five bedrooms and the septic replacement IS also five bedrooms. Mr. Dunn asks how far back the house dune ? 1- c ., from the top of the Mr. McKelway responds that the house IS in the dune. Town of Nantucket Conservation Commission (50X) 22X- 7230 11 Chestnut Street N antllcket, Massachusetts 02554 Meeting l'1inute'5 Janual-Y 11, 1990 Pagf? 6 Mr. King states that the house was built by the present owner's grandfather in 1929 (he shows the Commission pictures from 1929 and 1988). Pointing to the submitted plans he comments that the red shaded arf~as al-e the p,-oposed adc1i lioll and the green shaded is the proposed decks. Presently, the sand is bui lding up agdinst the house and rotting tilt::' ~;) lIs. The applicant needs tu get the house out of the dune by raising it up six feet. After raising the house elevation will be still in line with other- houses in the aI-ea. Mrs. Melissa Philbrick of Vaughan, Dale & Philbrick, representing some abutters states the abutters are cancer ned about the stability of the dune as a result of cutting into the dune with the new addition and the removal of the existing garage. An alternative would be to construct the addition on the harbor side of the house. Mr. Haines states that reason for raising the house is to allow the dune to migrate underneath the house. The present garage and the housf-? next door create a vortex that lncrl~asps wind erosion in the area. The nune's elevation is presently 21.5 feet. The h()U~-;f.? c,j 11 WIll tIP EJOfnot elevatIon cd ter r a i sing it. Mr. Dunwiddip. ask';; If SIX fpl"?L raIsIng IS necessary? The dun e w i I I m I g r- ate u n d e 1- L hell U U " f~ W 1 LlI 1 I=:' '" ,~ ~, P d L L' . Mr. Kinq states that tt-lf' r IClqe IH'iqht: WI II tlP t.I11~ ''>dllll=:' d~; others in the area. Mr-. HoIiI1C", "rlrI', 111,-11 I:IH' '-,1I',;n'j "",II rteE'(j to (II q t.lll':' ',ou<:.P (lU I.. It \l~ upt/l dll I III) I:n -fiVf? hedr-nnm',> wi 11 hr' ,lTl i mprnvf'fTlF'nL f' 1 I rn in" t p t h r> (J f I.lll' '.l:'I' L 1 I n n t. h p h ,-11- r- 1 PI 01 nl1ll ,-I I ',y '. I.l!1I1 lJpdch. Mr. Ki nil cnmrnpnLc, thill. U1P ill'lll I I rlllL 1Il'I-'<I'~ Lilt> ,,<1111 I. I (111<1 I ] iving space liue to Llle lal ljl:' tculll1y L1ldt. 1)':,1=:", LIlt' 11ULJ~.L' III I.he <:>tlmrnF'l-. TIll' pI npII<,('cl ,Hid 1 l. I nil W I I I II(' 111111 I' l.I\dfl ,Ill bedroom, it wi 11 be r':I ':.epar--at.e dpa,-tfllenL. J t. WI II Ildve d LJL'dro(]m, Ildthlllum, '-,I Ll.ilHl I nom ,11111 1'1 Lclll'll. Illl' pI (lf1oc,,'rl garage wi 11 bE~ unde,-neath the apar I.ment.. The' ex( clvdterJ rnate'-lal WIll lH! U'_,I'rJ Lll till III Llll' (lId IJdl,lljl' 11I100LIIIII. tll....~ ~~"TUCJr~ ~~~~, !rL-..~~~i I~\~}.:i 'w.. -:.s~=-- i~1 ""..... -'f't:=~'.,......C)" ,""ol/'p.........Q. , Y"4lI.~ 0 R Al.-. ........ ---.....,.. Town of Nantucket Conservation Commission (508) 228- 7230 (I Chestllut Street N antllckd, Massachusetts 02554 '''I e f~ t 1 1 HJ 1'1 i Tl ute s J d n u dry 1 1, 1 r; '? 0 Page '7 Mr. Dunn states that the raising of the house IS an improvement but the addition is an detriment to the barrier beach. Even if we were to allow it, the State would have great concerns on its effect on the stability of the barr-ier beach and dune. Mr. HaInes states that the addition would not be detrimental to the dune. ay removing the old garage we will be eliminating a wind vortex that is causing erosion. We will be replacing it with an addition that has the same square footprint on the ground. It is four feet wider but also shorter than the existing garage. The movement will be only about fifteen feet. Mr. Leddy states that this project is different than the project proposed for the Yates lot. That one was vacant land and this has an existing structure. Presently, both structures o nth i s lot are be i n g des t r 0 y e c1. T 11 e p r- 0 j e c t pro p 0 ~,E'~; t 0 rebuild the structures and maintaIn a healthy dune. Mr. Dunn disagrees commenting that under the addition without sun there will be no vegetation. There will be no improvement to the dune in that area. Mrs. Gillies states that the dune l.dS built up SinCE> the house was built by my grandfatllf?l-. ThPFP !-IdS hpf'n ,'l lot of e f for t put i n to b u i I din rJ I; h p rl U II P h you 1- S I? I V P <7, an ct 0 u r neigl.bors. rill? clune i'; t.herE' bE'LdLJ'-,(" of OUI pl-f()r t'e;. /"Ir. Mcl<e]way rntlltTl(>TrI:'. t.h,ll. hr.. 1'. nil!. LOllvlClcr.rl t.il,'ll: 1.I11' project is per-miLtal>!!:'. HIl? r(~(Juldt.inn~) allow only re!lair dm1 malntenance. IIIL' dlldll:illllrl! (III. Inl.o 1.111' 11111)(' 1', ll(lt. m a i n ten an c e. T 11 e h 0 U S [' i 5 P r olJ ,1 h 1 Y witt 1 ] n tll P " V " ? () n r' . I t 15 dlso que~Llul\dLIlL' LlldL 1.111.' '_.I'pl:l! '_')1.,11'11I c1.",jIJIIl'" I', Il,li~'" replacement and not an ("Xpdll'.!eHl. Mr s. G i I lies as sleepIllg tur to living space explains that the loft. IS presently bPlllq used 1I1l_' tdl-gte' Idllllly. III I'=-, <11 Vel WIll lIt' IL'I.UI 111'L1 w h p nth e ad rI i t ion i S COlli pie t e (J . Mrs. Philbrick states that her clients agree with the need to fix up and n:.!pa i r bu t t.h[~y ar-E' a I <;,[) Lone PI ned abllu t thE' scale of the pruject. She questions the wind vortex between ~"'~lUCIrt'~ ,~ ~ .... ''So t y o Ul r ~~ ~J . ~~~-~ ~... ~~=-:l."~ "..... =",.. "t)~ ~'.9p."."''':'Q' , ORAl" ..rJj ......."... Town of Nantucket Conservation Commission (SOX) 22!l- 7230 h Chestnut Street Nalltllcket, Massachusetts 02554 'vlL'E->LlIIY IvlinuLL"'" Jdlllldry J I, J'J'f() r-'d(jt.' U the e xis tin g g d r d g e d II d thE' n e i 9 h h 0 r i rH;J h () u "" P. S h C' w 0 I ,- IPS that the r-emoval of the gardlje, which is par-t of the existinrj dune, will create a r"adical change in the dune I esultlnq HI dam age tot h E! n e i g h h u r-- ", pI [) pel t y. T II f' h () LJ Cj e w i ttl t t H' d d d i 1: inn could possibly be considered as seven bedrooms as the Board of Heal th determines bed,-ooms. Tt-H'?l-efOl-e thert'? wi Ii be an expansion of the septic system. Mr, Haines states that the applicant has requested a wdiver in the NOI to do the project. The addition will require a waiver from the local regulations. Raising the house will be an improvement to the dune. Moving the garage will be an improvement to existing conditions. The barrier beach is regulated by both coastal beach and coastal dune regulations. The project meets those performance standards. The intent with the garage is to remove the roof and cut the walls down Just below the dune line and leave them there. Mrs. Philbrick comments that construction )s inherently destabilizing to the dune, Mr. Borchert states that the new garage does not meet any of the performance standards. The local By-Law states that coastal dunes are significant to storm damage prevention. Mr. Haines responds that CMR 10.28 Sec. ? and 3 state that the work cannot have an adverse effect: of the wave~; p r- IJ j L'I: t W I I I to move sand along III)L ('ffl.'( L 1.111';. 1.) In the shore the ahility - this 2.) 0 nth e e x 1St i nq Vt~YL.'LdLJurl 1.I1dL WIll 11H,ull. III lIt".LIIII! 1""t/ll/1 IIf till' dune -- this PIOJPct will nut clo !.Ildt pit.tu-_'r. ThE' lattlce aruuntJ Lhe I dJ~,ecJ IIUU.,t> Will tr d(J '~drld dllLI i mp,-ovf:> the dune. /"lr-. Bur cller L '"LaLL'~) L1ldt. LIII~, I~, IIl'lU dill.! III' LdllllUL ',1'1' 'llHv the Commis~;iDn couid .:J1I(1w ,_I nLJW ',,(JIlt! (ullrllldl.llIlI If I LlII'. area. Town of Nantucket Conservation Commission (50R) 22H- 7DO 6 Chestnut Street N ani Hekel, Massachusetts 02554 I"leet 1 nlJ Mi nu tE'S Janudry 11, 1990 PagE' '7 Mr. Dunwiddie comments that Just because the proposed project will result in conditions that are just as bad as the existing does not mean there cannot be arl improvement. Here i~ an opportunity to imp,-ove the f~xlsting situation. The splril; of the law is to make it better not just trade even up. Mr. Leddy suggests another field inspection by the Commission. Mr. Dunn SL.ltf'S U\dt the Commi'O,sione,-s alP fami 1 iar WI th the dynamic conditions o.f the area and that. thf?'-P have hppn great changes in the area In the last 50 years. Mr. Leddy states that Without this proJl~cL, you ar-E- allowing a confiscation of the hllllc1illCj over time a', till" c,anrl moves in. Mr. Dunn responds that he is in favor of raising the existing house and that it would be an improvement of the conditions. But he IS not in favor of the addition and "connector" proposed. Mr. Dunwiddie adds that the state would have problems with this project. In their comments concerning the Yates filing, it is obvious that they would not look favorably on this type of project. The "connector" is new, the decks are new and would be a destabilizing Influence to the dune. There are other ways to stabilize the dune and direcL traffic, mainly by limiting eg,-ess to Dill' location and dpc-Teac,(> trle IISP of thp dune. Mr. King states thdt ttll-! Idl':dlllJ ui t1lf::' tIC/USE' 1'-, dll improvement and the relocation of the (Jdl-agp to be onE.' building is also an improvement. This would result in only one building being on the lot instead of two and reduce the wind vortex between tIle gar-cll;Je and HiP neighbor's house. Mr. Dunwiddie reiterdtes to be a even trade. what are we gaininu ? It. seems Mr. Gillies states that there wuuld be increased room between the house and the abutters. Town of Nantucket Conservation Commission (50X) 22X- 7230 6 Chestnut Street Nantllcket, Massachusetts 02554 MeetIng Minutes January 11, 1990 Page 10 Mrs. Philbrick states that the NOI does not state that the walls will remain in place. Mr. Haines responds that the rlecision was made after the NOI was filed as to the technique of demolishing the garage. Mr. Dunn asks if the applicants believe that a cut in this spot could occur in the future? Mr. Haines responds that with the right storm and conditions that it would be possible. Mr. Nelson Jones adds that to close the last cut removed 140 feet from Squam. The sOIl has to come from someplace. But that cut was further down the beach. Mr. Gillies states that something has to be done to preserve the buildings. The sand and water need to be moved away. Mr. Borchert reiterates Commission comments that raising the house would be a good idea. The problem arises from the additional footprint and decks proposed. Mrs. Gillies states that the present regulations allow her to repair and maintain the existing structures. This would mean that we could move the sand away annually. This project would require that the area be rlisturbed only once. Mrs. PhilbrIck states that With the new garage IS going to require the same maintenance annually. Mr. Haines statE's that it will llave a bLock fOllndat.lon dn(1 that the wooden portion will be rdised to the same elevation as the house. Mr. Dunwiddie comments that a solid foundation will result in wind scour around It. He suggests that an alternative would be to move the garage and attach it directly to the house; eliminate the connector and the additIonal decks. Hlis would be so mew h a. t III 0 r- e p a. I d t a III (> I:) II l not nee E' 5 ''i a r i I Y d P P r D va t>l e . The a p p 1 i can tis p r EH;, em t e d wit 11 Uw [) P P n ( tun i t. Y t. (] III d k l? i t. better. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket. Massachusetts 02554 Meeting Minutes January 11, 1990 Page 11 Mr. Dunn adds that the regulations are clear - the only way to approve is result in an improvement of the conditions Mrs. Philbrick comments that she is still concerned that the finished structured will have more than the fIve bedroom that the septic system allows. MOTION: To contInue the hearing until the t-ebruary 8 meeting for more information at the request of the applicant was made and seconded. UNANIMOUS c. REGULAR MEETING 1. REQUEST FOR DETERMINATION * a. Minucci - Ocean Ave. (73.3.2-25,26,53) Present were Albert and Judy Minucci, applicants. Mr. Minucci submits a plan of the stairway. He adds that he owns from h 1 S house a II the way tu thl' DC ean E'XC llld l nlJ ltHc' railroad right of way. Mr. Dunw1ddie asks on what basis can we a~p'-ove the pr-oject with only a request for determination? Mr. Bor-chert r-e'5pOf)fJs that it is a c;table hank. The projpct is in an area subject to protection but will not alter.. Mr. Mckelway adds that the project is 1n a rare species area but the Mass. Heritage Program will not kick in unless there is a NOI filed. In the case of the Lang project there was a limit in the construction tIme. MOTION: To issue a negative determination that the project is in an area subject to protection but will not alter the area and construction must follow the maIn conditions in the Lang Order and the aarnstable guidelines was made and seconded. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chl'St nut Street Nantucket, Massachusetts 02554 Meeting Minutes January 11, 1990 Page 12 UN AN I tvtOUS * b. County Commissioners Millbrook Rd. - (40-79 and 57-24) Present were Ann Lee, County Administrator and Jack Gardner, representing the Nantucket DPW. Ms. Lee comments that the County is before the Commission to refine an already approved project from last summer. The county requests permission to cut a path from the appruverl parking area to the pond approximately five feet wide. The intent is to allow gr'eater access t.o the pon(j. Mr. Gardner adds that the ditch in the area IS blocked up and not flowing. Mr. Visco comments that the path should be wide enough to allow a boat to be launched. You should be able to back a truck and trailer down to the water. Mr. WasIPrskI adds that the Town owns d :eIO fool publ Ie way. Its h 0 u I d h e 0 p p n e d a s w I ell? a '0, n t' E' d p d, U, P cf I L I h rn din t d I r I E' cJ and the culvert fIxed. Mr. Visco states that the County does not have to come before the CommissIon lo maIntaIn eXI..'..tlIH] c11!.Lhp',=>. Mr. Dunwiddie cautions that the discussion is now asking to greatly widen the path and redirect the dItch. If the ditch IS to be relocated, then it should be on paper !Jefor-e liS. Mr. Gar d n e r- sa i d t h l~ Y w () II 1 d I i k l? t n 1- P [1 i r pet the d i t c h, tJ I I t. did not want to pay for a surveyed plan that shuuld go along with a Notice of Intent. Mr. Dunn adds that the process should be done correctly. Ms. Lee agrees to waive the 21 day detf:rminat lon deadl ill€' to a I low the Co u n t y t 0 c 0 to P b a c k tot he C () m m i '-,'~ l 0 n wit h m 0 r- e information. ..~ ~~~luclr.~ ~r J"'So fl. -p oi~ IJI} I- ~. . !" r"'~~~--~r~J . ~\~~~. ...... .....-.. ~~=-IA..-~ -..'" '" --f'O::--=. .' ~ ~ "0'" .... ""'.A ....-' ~""""..":'Q' !11' ~,,-.:ORA1'-' .'Ii ~.."".." Town of Nantucket Conservation Commission (508) 228.7230 () Chest nut Street Nantucket, Massachusetts 02554 Meeting Minutes January 11, 1990 Page 13 MOTION: To continue the discussion until the next meeting at the request of the applicant for more inform~tion was made and seconded. UI\JAN I MOUS * c. Weeks Nantucket Trust - Hulbert Ave. - (29.2-3) Present for the applicant was Glen Wills of Nantucket Surveyors. Mr. Dunwiddie reads the inspection report. Mr. Andrew Leddy asks if the size of the wetland IS stable or enlarging? The consensus of the Commissioners was that it was stable. MOTION: To issue a negative Determination commenting that the proposed project is outside the jurisdiction of the Commission was made and seconded. UNf'tNI MOLJS 2. ORDERS OF CONDITIONS a. H.C.D., Inc. - c!l, ]PllrleSSep {)V(J. - Sl{lfl--~-J'/~:l (bO.l.i~'--(),/) MOTION: To appr-ove tt1e flrdpr of rnn(iltlnn as drafted was made' dnd '-.Pf nlHIl'fl. 1"11--. Dunn ,-llir.l.,-linr.rJ f,-om t.I1f' vnt.r>, .111 nt,hPI' Commi 5'31 onel-C. wpr-p lilt <'Ivnr . (\DD IT I liNt\( !;pn: 1 (\I CllNI> 1 T IIIN~~ II . C . 0., I NC . J)rul I II I NIIMIII H !;I '" I . ,'J: I ASfjES~ inn' fi MAP bO. 1 . I), ""HCEL ;)'/ ; 'Ii II NNI !;!;, I {WI NIII UNDER THE MAS!}ACIIU!~i[TT!i WETLANn!~ Illmn C liON (\C 1 ( MGL CII(\p nT~ t::J 1, !,rC11 UN '10 ) AND oJ HE WE 1 LANDS IJYLAW UI IIIL IUWN III N('N I UCKL I ",~~TUCIt:~ r:.J~ l- v ">S- f y ~~_. ~. }~) " ~ . .X.. ~~ ._- ;~'I ~^... -'(L~- ....~ ~ ..- .. .,.... " 0-9j;.........Q. , ORAl.. ~~rJj .......".. Town of Nantucket Conservation Commission (508) 228- 7230 (1 Chest nut Street Nantucket, Massachusetts 02554 Meeting Minutes January 11, 1990 Page 14 ( CHAPTER 13(1 ) 3. Prior to any activity at the site, snowfencing and a siltation fence or line of staked haybales shall be installed as shown on the final approved plan. This barrier, erected to prevent siltation, erosion, filling, and littering of the wetland resource area during construction, will also serve as a limit of activity for work crews. It shall remain in good repair during all phases of construction, and it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is gIven by the CommIssion. 4. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from the final approved plan. The as-bUilt plan shall include, but not he limited to, thE' following: all pipe/culvert inverts for- inflow and outfalls; pipe slope, size and composition; location of other drainage structures and their composition; lImits of fill or alter.ation; location of all str-llctures and pavemF'nt within 100 feet of wetland; the edge of the we1.lc1ncl; thr> qrr1de contours within 100 feet of the wetland. 5. Members, employees, and agents of the CommIssion shall have the right. to entel- and inspect thp pr('mlL,E":, to /'vdluat!. compliance with the conditions and performance standards stated in this Order, the Nantucket Wetlands IJylaw, ttlE' Regu I at ions pr omu I ga t ec1 under t hE' By I ,-\W, thE> Ma';sachuse t t., Wetlands Protection Act, and pertinent Massachusetts regulatlun'-,> (:3IU UVIf< l(l.UO L1l1uulJll 111.'I'i). lillo' LUIllII11'.'.lUII may requirE> the submittal of any data tJer"rnl:>d nc'cl'<:.sdry hy the Commlsslun tor that ~valudtlun. 6. The appl1cdllL, UWI1L'I'.', ',ULLL",'_.UI '" (II d~""llJIIL'L'~' '_,lldll [iL' r"esponslbll::! fur tIIdlllLllrlllH) <111 1111 ~,I L" III dllldlJl' '.t.1111 I.l11 L", and ouLldll',-" dS~,UlllllJ Lilt! L.I~,l.llltJ 1I11.L'(Jllty Iii VL'IJL'l.dl.lvl' cover (HI I.IIL' ~,i I.t' dllll mL1I11 t.Uf illlJ ',1 I.e' "I IIVI t.lf", '''' 01', Lf! Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Strcct Nantucket, Massachusetts 02554 f1eet i ng Minutes J alluary 11, 1990 Page 15 prevent erosion, siltation~ sedimentation, chemical contamination or uther detrimental impact to the on-sIte wetland and/or off-site resource areas. It shall be the responsibility of the properly owner of recurd to see that the maintenance condItions dl-P complipL1 with as I-PqUil-pd by this order. 7. This document shall be included In all construction contracts and subcontracts dealing with the work proposed and shall supersede othel- contr-act r-equirE'ments. o. Used petroleum products from the maintenance of construction equipment, construction debris, and unused paint and paint-relatE:d products shall be collected and d i s P 0 sed 0 f r- e s p 0 n~; 1 b 1 y (J f f ttlt::' ':0; i \; P . 1\1 0 0 n - sit e d 1 S fJ CJ s a I of these items IS allowprl. 9. Dust control, if required, ~>hall be salts or other wettIng agents shall limitecl to water. be used. No 10. Any refuse material found on the site shall be disposed of at an approved landfill and In no case will these materials be buried or disposed of In or near a wetland. 11. This Order of Conditions shall apply to any successor In interest or successor In control of the property. 12. No portion of the new construction may be closer to the coastal bank than structures existing prior to this Order. 13. Vegetation betweell the bank dlld thE' Ilrujt"ct site WIll tH::' left intact except where it IS necessary to temporari ly use this area. After constr-llftloI1, dny <l1'ittlltIP<l dl-f-'C'l Wlt.hlrl t his h II f r p ,- ,I r t., ,1 ,,11, I I I h (' r (0 p 1 ,1 n I. (' r1 . 1 '. . Demo 1 1 I. I () II () f 1.111 ' under lit i b III del. LUllSLI ut..I. lUll '.,11.111 rll':,1. '1(l(H ,II 1.111'111111',1' 1'.,11111. (11)111111.1.''11 TIlt' 11I.\,,111I11111 11<111(' Itl'llJhf. of 1.114"' II/'W 11111. 1';--:1 1'1 'II i': I " 'I 'I." 15. Nu c:o"E~L.ll 1!11LJll1l'l'l JIIIJ ',1.1 1111.111 " III ,Ill',' 1.11101 ,,1,.111 III' permitted on thE' property HI t.1,~.' futurE' !.O proI.L'Lt. lIll' pr-uJecl. al1uwL:d flY t111~, U, Lh'l ~iL'I L lUll .1111 1.:lvlP IU.:JU (:l) of the Wetland<.=> Requla\;lons, prnlTlulljcd,l'd undt'f 11(-;1 Uldpl.ur Town of Nantucket Conservation Commission (508) 228- 7230 h Chestnut Street N antllcket, M assachusetts 0~554 l'1eetinc] Minutes Janudr-y 11, 1990 f-'c1CJe 16 131, Sl2ction '-iO, rE'qllires that no coastal enginr>erlnC] structure, such as tJulkhl~ad, r-E'vetment, or- seawall, c.haJ be per m i t t eel 0 n an e rod ifl g tJ a n k a I. d n y t Ifll e i fl t 11 e f II l u r e top rot f? c t t h p P r n j pet. i\ 1 1 0 w p rl h Y t. his n ,- (i P 1- n fen n d i t ion s . UNDER THE NANTUCI<ET WETLANDS FlYU~W ClI\IL Y : The CommissIon hereby (JI-ants the appl iCdnt wdivPl-sfr()m ~-:ipct I()ns 2.05(8)(5) and 2.06(8)(4) of the Wetlands ProtectIon RegulatIons ur the Town of Nc_lntuclll't:, llnrlpr- ttlP I\lant:llckr-t: WF't:I.Hlrl'-, l1yl.~w (Chapter 136). Ttl!?Se sect.lon',; rpqulrp d distancp of 50 fpel: between structures which ar-e not watel---dependent dnLl a coa<:"tal hank or salt mar-sh, respE'ctLvply. 111!'S!? '~)lo>ctIUII(" dlsu r-f'qulr-p d 25-foot natural undisturbed area adjacent to a coastal bank or '_,alt mal-sh. Howevpr, thel-e has been a clear and cunvlncinl] showing by the applicant that there arl] no r-easonable conditions or- alternatives Ulat would allow the project to p,-oceecJ III compliance with the regulations and that the proposed activitIes will not have any adverse effect upon any of the interests p,-otected by the Bylaw. These waivers ar-e grant.ed under the authority of Section 1.0=--l(F)(1)(a) of the Wetlands Protection f-<egulations of the Town of Nantucket. #H# b. Jane Merrill - 27 Hulbert Ave. - SE48-575 (29-24) MOTION: To approve the Order of condition as drafted was made and seconded. Mr. Dunn abst.ained from the vote, all other Commissioners were in favor. ADDITIONAL SPECIAL CONDITIONS JANE W. MERRILL DEQE FILE NUMBE:H SEAEI - ~7~, ASSFS~iOH' S MAP ,:)9. PAHrTL 2', 27 HU_HERr AVENUE UNOEH THE MASSACHUSETTS WE lLANOS PHDTECl ION {\CT ( MGL CHAP 1 LH ] 31, SI:__C r J UN '10 ) Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes January 11, 1'7'-10 Page 17 AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) 3. Prior to any activity at the site, a line of snowfencing shall be staked between the project site and the bulkhead, which serves as the coastal bank. This barrier, erected to contain windblown debris dur-inl] construction, will also serve as a limit of activity for work crews. It shall remaln 1\1 yuud fE'1Jd11 UUllf1IJ ..iiI Illld'_,L"-, (Jf IUI1',1.ILlLI.ILJII, and it sha II no t he removed lint I I d J ';u i I,:" ,Cjrp ':'> t.all I I I zee! and ,- eve CJ e t. d t. E' c1 () run t I I P [~ r- m I '; S 1 0 l\ I. Cl 1 Pill () V PIt. I " (J 1 V tc' I I by the CommIssion. it. An as-.huill plan, '-,icJnpc! dnrJ ',tamped hy d '-P<]lstPI-Pr! professional enginel:>l- or' land c::,urveynr 111 the CnrnmonwPdl t.h of Ma5sdcllU',eLt,-", ',Ildll lIE' 'o,ulJlllll.tell to 1.11(' r:(Jfl)IllI'_,L,lnn .It the same time as d wr iLLen rrc'quest fOI a CertifiLat.E' or Compl iance and shall specify tlUW, if at al I, the completed plan differs from the fInal approved plan. The as-buIlt plan shall include, hut not hE' limited to, the fulJowlnq: all pipe/culvert lnverts for inflow and outfalls; pipe slope, size and composition; location of other drainage structures and their composition; limits of fill or alteration; location of all structures and pavement within 100 feet of wetland; the edge of the wetland; the grade contours within 100 feet of the wetland. S. Members, employees, and agents of the Commission shall have the right to l~nter- and in~;pE'ct the pr-I::>mises to evaluate compliance wltll the conditions and pE->r-ful marKle' stdl1dar-ds stated in thiS O,-rlel-, ttlE' Nantuckpl; Wetland,:, Bylaw, the Regulations promulqated undE'r- the Bylaw, the r'1a'~sachu'JI?tts Wetlands Prutectiul1 net, and per tillPlll. l'1as,'~dCI)lIs(.tt.'~ reg u I a t ion s (3 1 0 C /"1 F~ 1 0 . 00 t h ,- n u CJ h 1 0 . 9 <f ). The Com (TI i s SiD n may require the submlttal of any data deemed necessary by the CommIssion for that evaluation. 6. The applicant, owners, successors or assignees shall be responsible for maintaining all on-site drainage structures and outfalls, assuring the lasting integrity of vegetative cover on tile site and monitoring site activities so as to Town of Nantucket Conservation Commission (508) 228- 7230 6 Chest nut Street Nantucket, Massachusetts 02554 Meeting Minutes Janua1-Y 11, 1990 Page 18 prevent erosIon, siltation, sedimentation, chemical contamination or other detrimental impact to the on-site wetland and/or off-site resource areas. It shall he the responsibility of the prope1-ty owner of record to see that the maintenance conditions are complied WIth as ,-equired by this order. 7. This document shall be included in all construction contracts and subcuntracts dealing with the work proposed and shall supersede other contract requirements. 8. Used petroleum products from the maintenance of construction equipment, construction debris, and unused paint and paint-related products shall be collected alld disposed of responsibly off the site. No on-site disposal of these items is allowed. 9. Dust control, if required, shall be salts or other wetting agents shall limitecl to be used. wa tel- . No 10. Any refuse mate,--ial found nn t1H-! <:;ite shall he disposed of a tan a p pro v e did n cJ f I 1 I a n cJ 1 n n Cl C d ~, e w 1 I I L h (? ~, e mat p ria I ~~ he bu! i Pel nr- d i .-,pn'.,{.'" of In nl Ill'dl d wr'1. 1 dnrl. 1 1 . TI, lS 01 dr', inter"est 01 () I ( : ( 1\ I d I l. I ( Ill', ',', d 1 I 01 II II I y I. I I 01 I 1 Y . 01 t( ,- I " " ,(II '.JUCC(I~c)'_,()r In ((lrlt.rlll of 1.111.' [lrnllPll.y. III 12. No portiun ur tJ u 1 k 11 e d d t IJ d n t II L' I It;, W L ( lIlS t. I U c: l. I () II ',11 d I I III 'Ll () . ,p I I. I I 1.11 P S t. rue t u r. ('He, e x i ~;, t: i n CJ p r I,) r I: 0 t. hI':; 0 I . LI p \- . 1 :3 . V eye t d t. I U r I LJ e t. w v L~ 1 I till' I) u J I. " L' 01 tI d I l( f till' jll II II J ( t. '. 1 I. t. W I 1 I he left i ntc"lc I. el<r--PII t. Whf-~l-P It 1 ':, llPCPSSdl- y t.ll I.PlTlpur ,II I I y use t II I ~ d' L'd. {\ f l. I ' I L U "', t I I j( l. 1 I I I I, ' II I 't rI I " l. I I I III' I I I Jl II I I "'" " oft his b lJ f fer a r- fJ d W ill II F' r Ie' jl I ,1 n I. (e'll . I II . Be r all set h e pro p n s re> rl add I till n S 01 r E' WIt. hill t11 fJ 1 00 -. y P d r flood zone as (jeslgnatecl I)y the federal Flood IllSUI dnLe Rate l"lap, thE' elpvation of the -first flnol- tnllc,t (-nmply wit.h the Massachusetts BUlldinQ Code. 15. No new coastal engineerinl] ~~tnlctur-p of any ki.nd shall be pel-mitted on the property in trle future to prntE'ct Hle project allowed by this Urder. Section 310 CMR 10.30 (~) Town of Nantucket Conservation Commission (50K) 22K- 7230 I, Chestnut Street Nantucket, Massachusetts 02554 l"teet i ng M i nu tes January 11, 1990 Page 19 of the Wetlands Regulations, promulgated under MGL Chapter 131, Section 40, requires that no coastal engineering structure, such as bulkhead, revetment, or seawall, shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. UNDER THE NANTUCKET WETLANDS aYLAW ONLY: The Commission hereby grants the applicant waivers from Sections 2.02(a)(6) and 2.05(8)(5) of the Wetlands Protection Regulations of the Town of Nantucket, unde,- thp Ndntucket Wetlands Bylaw (Chapter 136). These sections requir-e 50 feet, including a 25- foot natural undisturbed area, between new non-water-dependent structures and a coastal beach or coastal bank, respectively. However, there has been a clea,- and convincing showing by the applicant that there are no reasonable conditions or alternatives that would allow the pruJect to proceed in compliance with the regulations and that the proposed activi ties wi II not have any adverse effect upon any of the interE'sts pr-otectc>d by thE' Bylaw. These waivers are granted unde,- the author-ity of Section 1.03(F)(1)(a) of the Wetlands Protection RpC)ulatJonc; nf thl' Town of Nantucket. HUll 3. CERT I FICA fE Uf CU/"II'L 1 AI\l(~L,- a. RuLIL.'1 L ~~lldl_) J I U "ULIIlIlll 'il'1I1 UlJ (t:, II.) r 'I Ie '_.1_' I I I. I II I 1.1 I I' ''1'1' I II .. II I w "', Ii I I I I ." rI I ,1\ I I' I" NantuckL~\; SlIIVI!yrlr',. /VIr. Ear-If' COIllfT\Pf\I.'. I.~l.ll. tt-li'-I i'I.1ll nlrl ()rtlf'l- nf rnnrll1.ionr-, ( 1 (1'/' I) L11 ,.t. II ( " . rl ' , t II II .. '/ I' I 1.', I II IIII' I I.. I \I I'. I" 1.1" , . .1' I I .. Y , " 1./", area marked On thE' pl,'!n wa'-, conr.,ido,.pd more> thp rontpmplatpfl LJ u 1 I U 1 n 9 '_. I .: L' .. I I rl II ( d. tll I' III I I I" I Ill) 1'1 I ,/ ( . I II I" ' . " '" f)," ( , I I " Conditions allow!:; fol' lJnJ<:,h cut.ttnq wltllin tpn r..pt uf UH' Lop of the bank. ...~ ~~MTUCJr~~ C])o. ~ .'J. tt~~) ~ ~. ~J.. . :z; '...... - ~.. ~~=-~~i '\.1"... ~..". ...tO~ '~O~."".".Q' , ...._' ORAl" ..,rJj ............,.. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes January 11, 1990 Page 20 Mr. Dunwiddie reads the inspection report and asks what IS the vegetation between the house and the bank. Mr. McKelway responds that there IS ten feet of lawn after the deck and then thick brush to the bank. The house and the deck do not meet the Order of Conditions as stated in the inspection report. We should honor the wishes of the former Commissioners and deny this CertifIcate of Compliance and issue an Enforcement Order requiring that the project be brought into compliance (i.e. removal of the deck and corner of the house). We need to generate some respect for Orders of Conditions issued by the Commission. Mr. Borchert disagrees commenting that the only way to enforce the Order is while the project is under construction or soon after completion. This project has been completed for almost ten years. If they applied for the deck we would approve it anyway even with today's regulations. Mr. Visco adds that the bank is stable. The project will not affect the bank. Mr. McKelway responds that the fact that the project differs from what was approved is a violatIon in and of itself. MOTION: To deny the request for a Certificate of Compliance and require that the applicant file a new Notice of Intent to gain formal approval for what has been built was made and seconded. UNANIMOUS b. Cabral - 62 Miacomet Ave. - SE48-503 (67-353) WITHDRAWN AT THE LAST MOMENT 4. OTHER BUSINESS Town of Nantucket Conservation Commission (50K) 22K- 72:l0 6 Chestnut Street N alltucket, Massachusetts 02554 Meetllll] l"1inutes Janual--Y 11, 19'-10 ~)agp 21 a. PublIC Hearing on Regulation changes Jan. lEl, 1990 in the Large Group Instruction Room at 7:00 PM Draft regulatioll changes available to public. b. First Winthrop SE48-435 mInor modification to dredging Present was Warren Lowry, engineer. Mr. McKelway summarizes the project commenting that when the project was approved the Health Department required that all the dredging spoils be deposited off the island. the request for the modification i';, to allow 63fl I inear feet equaling 220 cubic yards of matHrial to be placed between the old and new bLlll<llp.acJ~-.. ThE' int;pn1. i~) t.o (lfL'rlqf' il twn fnot wide> trench immediately after- the steel bulkheads al-e driven into place. Mr. Lowry adds that there already has been approvals to dredge to a depth of minus eight. The method will be to use a clam shell or a backhoe from a barge. I have appl-ovals from DEP Water Pollution Control and the Army Corps. CZM have commented that they have no jurisdiction and MEPA states that the project is still below their threshold of 10,000 yards of material. The requirements that DEP Water Pollution have made are that: 1.) The work is to be done only during an Incoming t i dr:'. 2 .) n S lit d 1. 1 () n l. u r t. d I II II L' J II II J de PUll tI , f' '-, C' d W d r cJ side at the CliHlI':.lIell Dr UUIL'I. c111_'tlqlIHj 1I1!VILl!. 3.) ?~ si 1 tatlon CLIl-Linn Ilc' placeLl I liS 1 LIE' LIlt' IH.'W steel hulkhpad l;n prT'vpnL t.hF' flnp c-;ilt. Pill-t.lcle'; frnm escapinl). The DEP are mo':; t concE'r-Ilpd with UlE' top '.) i x to twe I ve i nctll"S ut ilia ter i ,II 1.11 Ilr' rl'1II11V/,II. rllr' ',I I I I .IYI'I I', .11'111 (e;' i 11I.1 1.( ,1 Y I,' inches thick, with ther-e bping lp~.s '3i It dt thp mouth of trle boaL basin. D'-I' IL'I'I-, L11.11. .I', .I 11",\11 I. IIf \.111'1).1', 11I,11, II1IJ operations at the ElecLr.ic Company in tilE' I'd~,t thc'u' wt II Ill? t-ligh concent,--at.lonc.:, ur l'olynllcJear ()r-omdtic IlycJrDCi111J0J)" (I'~)II) found in these sediments. 1 IlcJVL' ,::,Ludic'L! mu'.::.!. lJt till' fur ly '" ~~l4~~U~(" ~~ )- .1- t~~.. ~i . X~-=---- J:I ~~'- ~~=-A~,$' " ".. ':;;;:::1-"",. ....il:J .:' o~p'.....".Q. , ORA1~,.rJj ...",wo. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 112554 Meet i nel M i nu tes J anuar y 1 1, 1990 Page 22 papers wr i t ten on ltle ':;ub jec 1; and fee 1 tha t the pl-e';C'ncl~ of the PAHes are fuund 111 no (jl-eat!::'1 LllI1Cl?ntl at lun'.ci L1ldt <lIlY o the r m a r- i n a 1 n t. h f~ W [) r- 1 d. T h p m () Ci t 1 i k ply <.', 0 u ,- c p n f t h p contaminants is from the cresoted wood commonly used pIel sand bulkheads. The intent is to lit--t the ""ecJimf:>nt.s up and move them two fpet. Mr. Dunwlddle comlOf'nL", tl1at t.l1e secJiflll:'nts dl-P 1 plaLivp[y immobile as they sit on thE' tlasin bottom. But when ttlE' LI r- e d gin 9 () c C u r- '" s n rn p () f t h p c:"' p d I rn p n t s W I 1 I 1-. n t. f' r- L 11 P wid: p r column and have an incl-eac,pr! chance of frlnvPfrlpnt. Mr. Lowl-Y r-espundoo, Lhat l.hOSI:> cuncerns re'O.ul Led in the requirement of the 5i Itation eurtair\ inside the new steel b u I k h e a d a n c1 a r- II u n d the h a r IJ p fro m l) E F' Wa tr' r- Pol 1 1I t. 1 n n . Mr. Dunn asks wl)at guarantees trlat Ule CUI ta 111 WIll '.>Lay 11) pI ac e ? Mr. Lowry responds that the contractor is fineable by the state if the~;e conditions <,u-e not mf~t. MOTION: To allow a minor modificatIon as discussed to the approved project and send a letter to that effect was made and seconded. IN FAVOR: Visco, Wasierski, Dunn, aorchert. c. Budget - proposed cuts by Business Admlnlstratur Mr. Mckelway explains that Mort Donahue has requested cuts In the Cum/llIS~jl[)n'~J !JUdljL>L. TIll' mo',t. Iml.)OI.l.dnt III d p,-rl\JrF.l>(1 cut in the funds for Conservation Work. Mr. Wasierski comments that he was hoping to use those funds to he I pel ea,- elU t the r:ul ver tat the second tJr lClqe tha t have become clogged with debr i sand r- DC k <". MOTION: To attempt to have those funds remain In the budget at lhe F i ndnce COIIIITl it tE'[!' s hedr i ngs d~, tile Commission has d use planned for them was made and seconded. II' ~~Clr.(" 1:~ J:-s, t~~1 L- '.. . UI 'x. . ..~ . ~-.-. .... ~.. ~.=-- ~ ('...... . "t) ~ O~::-"".".Q' , rORA1.. ~~ .....,.. Town of Nantucket Conservation Commission (SOH) 22H- 7230 6 Chest nut Street N antllckct, Massachusetts 02554 Meeting Minutes January 11, 1990 Page 23 UNANIMOUS d. Conservation District - tree sale and use of Warren's Landing property for a nursery. After somE" discussiun it wac; [jpcId~:>d that the wind and weather conditions at the Pl-OPI:?T-ty would not 11P SUi tablE' 1or- this activl ty. e. MACe - annual meetinq Mar--ch 3 in Worcpstpr - timE' to rf:.'gister- f. Planning aoard referral - VISCO subdiVIsion Cornmissioner- D()I] Vi';,co ilh~.:,tdinl?rf fr-nm the dlLoLUc:,c,inn and the vote. MOTION: To recommend to the Planning Board that the subdivision is not subject to the Commission's JurIsdictIon was made and seconded. UNANIMOUS 5. CORRESPONDENCE 6. MINUTES: for December 28, 1989 Were not approved and will be discussed at the next meeting. 7. BILLS TO BE PAID 8. FIELD INSPECTIONS - Monday, January 22, 1990 at 3:30 PM