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HomeMy WebLinkAbout1990-02-18 ~.."~ .. ~~l4TUCJr(-> ~..p--~~ ~fl._ ~"Jl' \ oi~~~i ~ ,". . - .~_ --- -.. } ~ I ~J\~~i -'<:-~ ~..,.:::>-- ...~ ~ (J1/;;-.......:6." ~.. ORAl'" ~..~ .....,..' Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 MEETING MINUTES FOR FEBRUARY 8. 1990 The meeting was called to order at 7:04 PM in Room 104 of the Nantucket High School. It was later moved back to the Large Group Instruction Room when it became available. Present were Commissioners William Willet, Lee Dunn, Peter Dunwiddie, Carl Borchert and Henry Wasierski. Also present were Ben McKelway, Administrator and Bruce Perry, Secretary. A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC Mr. Dunn states that he would like to compliment Willa Embry and the NEAT people on their efforts concerning setting up a recycling program. He recommends that the Commission send her a letter recognizing their efforts. MOTION: To send a letter was made and seconded. UNANIMOUS ~. PUBLIC HEARINGS 1. Nancy Claflin 35 Wauwinet Road - (20-34) Present for the applicant were Nancy Claflin and Robin Jones. Ms. Jones stated that they had answers to the Commissioner's questions from the last time that they had been in front of the Commission. The material will be dug up with an excavator by Bill Holdgate. The material will be deposited in the field adjoining the pond. Access to the pond will be up the driveway. The estimated surface area disturbed will be 1,390 square feet resulting in 102 cubic yards of material removed. All the material will come from within the pond itself. No enlargement of the pond is planned. Mrs. Claflin added they she planned to have the material spread on the field starting at the furthest point away from the pond and work towards the pond. The excavated dirt will be reseeded. Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 2 MOTION: To continue for a file number at the request of the applicant and the drafting of the Order of Conditions was made and seconded. UNANIMOUS 2. Francis - 41 Dukes Road - NAN89-003 (56-327) Present for the applicant were Bob Emack of Nantucket Surveyors and Andrew Leddy, Counsel. Mr. Dunwiddie comments that he had visited the site recently and the wetland boundary seemed to be closer than shown on the plans. The change decreases the separation between the septic leach facility and the wetland to 58 feet at the closest point. Mr. Willet accepts a letter from the Nantucket Land Council. Ms. Cheryl Creighton of the Land Council summarizes the letter, commenting that the site is within the Hummock Pond watershed and is connected to Millbrook and No Bottom swamps through various ditches. She adds that there is documentation that viral movement through soils can exceed 225 feet. Sandy soils do not absorb viruses and the soil profile for the septic location is sand. Using regression modeling from the draft of the Horsely, Witten, Hegeman study and average soil temperatures, it can be estimated that it would take 100 - 120 days for viral elimination. The extent of viral travel would depend on the groundwater flow velocity. She further adds that nitrates have very little affinity for sandy soils. Studies have shown that nitrate concentrations in excess of 10 mg/l have been found over 100 feet from a leach area. The Town of Nantucket has adopted regulations to establish groundwater protection at the 5 mg/l level. Both the Board of Health and the Conservation Commission have adopted regulations that require a 100-foot separation. To allow a waiver that would allow the leach facility to be less than 60 feet from the wetland would be unlikely to protect the wetland. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 3 Mr. Emack submits a septic plan that has a daily flow maximum of exactly 330 gallons. This meets the Board of Health regulations for pre-existing lots. There is greater than five feet to groundwater. He adds that he will file the State NOI after local issues are cleared up. The state requirements are less strict than Nantucket's regulations. Mr. Dunwiddie comments that he disagrees with this dual filing procedure. It forces the Commission to go through with two hearings on the same issues. Mr. Emack responds that he thought that he would receive a negative determination on this file. Mr. Dunwiddie comments that the applicant owns the three lots in a row. They have not demonstrated that the project will not adversely effect the wetland. There are other alternatives for this lot that would not be considered a taking. Mr. Leddy responds that position is arguable. By removing all the building rights on a lot, the effect is to reduce the market value by 90%. Mr. Borchert states that a three-bedroom house is not the minimum size house to avoid a taking, possibly a single bedroom house is a permittable size. A three-bedroom house will pollute more than a one-bedroom house. He adds that the applicant needs to come up with scientific information that will refute the information just presented. Mr. Dunn adds that the Commission needs to make its decision based on the information presented to it. Mr. Dunwiddie comments that there are not many studies on viral transport through the soils. To the best of his knowledge their conclusions are similar to the one already presented. The 40,000 square foot policy is based on these results. Mr. Emack responds that the effects of septic density have been cleared up by the Board of Health regulations and the 40,000 square foot policy. He adds that septic density is not ~r~~l4'T~~ Lor ~~~ ;rf _ ~"Jl'\. lei ~~i ~ ",. - - -J. I. . , . . ...~~-s,. --;",..:/ ~('~ -;'0.::..,.:::>-- ...~ ~ (Jijp-.....:6." , ORAl... ~..~ ........' Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 4 related to wetlands but to groundwater pollution. The wetlands will survive if the pollutants enter. Mr. Borchert disagrees, commenting that groundwater is one of the interests that we are empowered to protect. Mr. Leddy states that he will need more time to consult with his clients about responding to this information. Ms. Creighton states that the septic density does matter, especially with nitrates. Once nitrates have entered the groundwater, it requires clean up-gradient water to remove them. She further comments that the applicant in this case has the opportunity to provide another alternative and to bring forward information that this is an unique circumstance. Mr. McKelway asks if there is any information concerning the transport of soaps, phosphates and other chemicals in soil. Mr. Dunwiddie says that it is imperative that the applicant make a clear and convincing showing that there is 1.) no other way for the project to go forward AND 2.> that there will be no negative impact on the resource. Mr. Leddy responds that originally the applicant came in with a four bedroom house and was asked to reduce it to three, now there is discussions about a one bedroom house. He asks if that would be permittable ? Mr. Dunwiddie responds stating that the applicant find in the regulations where this project would be allowed. Mr. Leddy adds that with a rigid reading of the regulations there would be no point in discussing the application. Mr. Borchert adds that groundwater is one of the resources that we can protect on its own. We should be concerned about the quality of groundwater throughout the island, he said, and when a project is near a wetland we are supposed to take a close look at how that project affects groundwater in that area. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 5 Mr. Dunwiddie comments that if there is no need for separation between the groundwater and wetlands and that the plants will take up the pollution, then there is no need for our regulations. He adds that the Commission made these regulations because we felt that we needed more protection than allowed by the state. Mr. Leddy asks for a continuation of the hearing, commenting that there seems to be a shift in the considerations on the case, to allow time to review the information presented this evening. MOTION: To continue the hearing at the applicants request and for more information was made and seconded. UNANIMOUS 3. Gillies - 145 Wauwinet Road - SE48-574 ( 11-7 ) Present were the applicants Mr. and Mrs. Gillies, Tom King of Milton Rowland Associates, David Haines of Haines Engineering, Andrew Leddy counsel and Jeff Blackwell of Hart and Blackwell. Mr. King had submitted a revised footprint plan to the office. He submits revised elevations and floorplans as well, and reviews the changes with the commission. Mr. Haines states that raising the house and changing the garage location would result in a reduction in the impact on dune migration. Mr. Borchert comments that the garage has a solid foundation -- how do you convince the state that this work is permittable ? The regulations prohibit solid structures on barrier beaches. Mr. Haines responds that DEP has an unwritten policy that they review each application on a case-by-case basis. While DEP does not allow new building on a barrier beach, they will allow small accessory structures such as small sheds and parking areas. He further adds that the material that is to be ..~ ~~l4TUCJr;~ ~>- () .1-'" f "Jl'\ el~~~i ~\~f. i . .\~_ _ 'tot:::: e-\ ~~'" ~ ,'<:-.... ~..,.:::>-- ....~ ~ ~')~"''''':6.''~'' ORAl'" ."~ ......... Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 6 excavated to build the new garage will be used to fill in the old garage location. Mr. McKelway states that the regulations for barrier beaches are very strict; all the regulations for dunes apply for the entire barrier beach. He adds that no adverse effects can result from work except to allow small sheds or parking areas. He had contacted Jim Mahala at DEP and he felt that it would be stretching the regulations to include an addition as an accessory project. Mr. Leddy comments that the moving of the garage will decrease the wind tunnelling effects that now exist. Mr. Borchert states that the regulations say no interference with the landward movement of the dune. He adds while several aspects of the project are an improvement, the solid foundation for the garage is not. Mr. Dunwiddie asks if the walkway is going to have a railing on it to keep people off the dune and receives an affirmative response. Mr. King states that the addition is not adding a bedroom to the house. One of the existing bedrooms is now going to be used for the kitchen. Mr. McKelway responds that the applicant still has to prove that the existing house is a five bedroom house, otherwise the septic replacement could be considered an enlargement. Jeff Blackwell responds that the Gillies have eight children and including themselves there are ten people using the house. The septic design is for two people per bedroom resulting in a five bedroom system. Mr. Borchert said that is an interesting argument. Mrs. Gillies adds that the existing setup has three beds in the open loft area and three beds in the 10ft bedroom and no privacy for anybody. .?~~ Lo~~f. ~fr. __ ~"Jl' ~ ei~~~i ~ '". f. . .~~~/::1 eC\ ~~=-- i", ~ ,y('~ -;'0.::..,.:::>-- , ~ ~ ~~ijp-."":6.'" ORAl....,,~ ......" Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 7 Mrs. Melissa Philbrick of Vaughan, Dale & Philbrick, representing abutters Plukas and Kaifer, asks why the house is being raised six feet and not four or seven or some other height ? Mr. Haines responds that the first floor of the house would be at the same height as the majority of the dune, i.e. the bottom of the house would be at the top elevation of the dune. This would allow for migration of the dune underneath of the house. The excess material will be used to fill in the old garage location. Mr. Borchert pointed out that this will give the applicants a view of the ocean from their living room. Mr. King adds that the sand will be excavated about eight feet around the house; a plywood retaining wall erected to hold back the sand while the house is being jacked up; after the house is raised the wall will be removed and sand replaced. Mrs. Philbrick asks if the ridge height will be the same as the neighbors'. She adds that it is hard to recreate the dune elevations after the work is completed. Mr. Borchert reviews submitted photographs and answers that it looks like the ridge would be approximately the same as the Kaifer house. Mr. McKelway states that he has recalculated the "V-Zone" as suggested by DEP and the results are that the existing dune is not big enough to withstand a 100 year flood. Consequently, the building site should be treated as if it were in the V- zone. Mr. Haines responds that they do not intend to change the "V-Zone" with the proposed work. Mrs. Philbrick states that the project will increase the activity on the lot because there will be an expansion of living space. The footprint, while staying the same in square footage, is expanding in use to include a secondary dwelling - - a second floor over the garage. The result, she explained, ~.."~ ~~~l4TUCJr(-> () !.' ~~ (f \"Jl'-- ~i,,: _ __ ~}~i,. . ~_ ~ I ~ ...~\ ~-s,. _ i~ 1 ~('~~..,.:::>-- ..~~ Qijp-.....:6." , ORAl'" I"~ ...",..- Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 8 is that the Commission is being asked to approve a house that is much bigger. She adds that presently there is X square feet with one kitchen, while the finished house will have X plus Y square feet (space over the garage) with two kitchens. This is not just repairing and maintaining, she contended. Mr. Nelson Jones, resident of the area, comments that the dunes are migrating from the ocean towards the harbor. What is needed to be controlled is blowouts caused by a westerly storm. Raising the house will make the dune susceptible to blowouts on the easterly side (ocean) of the house. He adds that the neighbors are struggling to keep this very event from occurring. Mr. Haines responds that there is a thick stand of Rosa rugosa and pines on the west side of the house and this will slow the wind velocity. Mr. Jones states that he is worried about the amount of vegetation that will be disturbed during the construction, resulting in the loss of this wind barrier. Mr. Haines suggests that plantings be used for the top of the septic system when it is replaced, smaller lattice underneath the house, and plantings on the old driveway route. Mr. Jones says that raising the house creates an artificial face on the dune. Because there is not sufficient volume of sand to maintain its shape by removing the house, the sand will drop down under the house, he said, adding that the plantings may take four or five years to take hold and by then the damage might have been done. Mr. Haines reiterates that he has stated in the NOI that a waiver will be required for the work. The project will increase dune migration, eliminate the need for annual excavation of the house, and will not alter any more square footage than already is disturbed. There is the possibility of bringing in more sand as necessary. Mr. Dunn comments that it is no longer clear that the work will result in an improvement of the existing situation. ~ ~~l4TUCJr(-~ ~.)- ~ .1-'" f "Jl'~ ol~~~i ':\~J'. i .\....,.-..~-~ ..:~ ~~_\ ~~=-- il\. ~ - '<:-..... -;'0.::--::::>- - ,...-; ~ ~ Q~...-:. fJ.'" "ORAl... ~~ .....,... Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 9 Mr. Dunwiddie adds that the project is calling for increasing the floor area of the house. It is stretching the intent of the By-law to approve this. Mr. Haines responds that raising the house will improve the dune's migration and taking the garage out of the dune will be an improve~ent, also. Mr. Borchert states that the removal of the garage and careful revegetation will be an improvement, but he feels that the state will appeal any approval. Mr. Jones adds that everybody agrees that the septic system and the house are in need of upgrading, but it is the scale of the work that needs to be considered. Mr. Borchert states that it would be helpful if a construction sequence could be developed along with some showing of how to control the wind and litter. Mr. Dunwiddie states that he still has problems with the solid foundation on the garage and asks if there is any other way to do the work. MOTION: To continue the hearing for more additional information: final planting plan, construction sequence, alternatives to the garage foundation, control of litter and wind during construction, a letter requesting a waiver for the construction was made and seconded. UNANIMOUS 4. Bewkes - 100 & 102 Wauwinet Road SE48-577 (11- 24.1 & 24.2) MOTION: To continue the hearing at the request of the applicant was made and seconded. Vote: Mr. Dunn abstains. All other Commissioners in favor. 5. First Winthrop - White Elephant - (42.4.1-23-25) Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 10 Present for the applicant were Janet Craig, Dale Taylor Grounds Manager, Arthur Reade counsel, Bob Emack of Nantucket Surveyors. Mr. McKelway summarizes his memo on the list of pesticides that the company says it uses on its greenspaces. They have voluntarily agreed to discontinue the use of the fungicides Daconil 2787 (Chorothalmil) and Tersan 1991 (Benomyl) because of their environmental effects. The regulations are strict for the at- or near-shore areas. Mr. Taylor states that he uses an integrated pest control system, that pesticides are the last options. There is a limited use of the chemicals and they are available to the general consumer. If the Commission has genuine concerns over the chemicals used, we will alter their use. Mr. Dunn comments that the Commission needs some assurances that the chemicals are not running into the harbor after appl ication. Mr. Taylor responds that they are applied by a drop spreader and only slow release fertilizers are used. Mr. Emack adds that the herbicides are used only on target weeds, the fungicides are used only after an outbreak of the disease, not as a regular preventative measure. These chemicals are available over the counter but are applied by licensed people. The applicators are more educated to the risks and dangers of the chemicals. Mr. Taylor adds that the staff is licenced for all categories. The maintenance program has been mine for the last three years, and the number of applications has reduced dramatically. The soil is tested before each growing season to get a handle on the turf's requirements. There are approximately 24,000 square feet of green space at the hotel. The data sheets are available to the public upon request. The project will require new sod to be brought in that will be stronger and more disease-resistant than what is there now. The edge of the bulkhead is higher than the lawn and would prevent any direct runoff to the harbor. The Commission needs .."~ ~~l4TUCJr;'~ r~ ~ .-s,." f "Jl'\ oi~~~i ~\" - - 1. . . .\~_~- - -~ I ~I ~~_\ ~~I -'<:-~ ~..,.:::>-. '" ~ ~ (J1/j;-.....:6." , ORAl... .,~ ...."..' Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 11 to have good faith in my and my staff's level of competence to use these chemicals properly. MOTION: To continue the hearing at the request of the applicant and a DEP file number was made and seconded. UNANIMOUS 6. Sisk - 153 Wauwinet Road - SE48-578 (11-3) There was no representative present. Mr. McKelway comments that the Commission has received a DEP file number. MOTION: To close the hearing and draft an Order of Conditions was made and seconded. UNANIMOUS 7. Mullen - 20 Western Ave - SE48-576 (87-74) MOTION: To continue the hearing at the request of the applicant was made and seconded. UNANIMOUS * 8. Andlinger - 72 Pocomo Road - NAN90-004 (15-37) Present for the applicant was Glen Wills of Nantucket Surveyors Mr. Wills summarizes, commenting that the west side of the property has a coastal bank that has been stable for the last forty years, it is partially vegetated with a slight amount of slumping. On the south side is a small freshwater wetland that is primarily due to all the runoff from the lot. The applicant proposed to remove the three existing buildings and construct three more. The closest existing structure is 58 feet from the bank and the closest point of the new building is 68 feet to the decks. Within 100 feet of the resource areas the project includes removal of one structure and replacing it with another; raising the contours two feet to direct runoff away Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 12 from the house; enclose the entire site with both siltation and construction fencing to control silt transportation and windblown litter. Mr. Dunn comments that the setbacks from the resource areas is an improvement. Mr. Dunwiddie reads the inspection report. Mr. Wills states that the brushcutting will only go as far as the construction fencing. No activity is planned outside the fence. Mr. McKelway asked how high the retaining wall will be. Mr. Wills replied that it will be 1 to 5 feet high. Mr. McKelway asked about fertilizers and pesticides. Mr. Wills said he and his client would have no problem with the standard shoreline condition prohibiting use of these compounds more than 15 feet from structures. MOTION: To close the hearing and draft an Order of Conditions was made and seconded. Mr. Dunwiddie abstains and all other Commissioners in favor. * 9. David 6 Old Quidnet Milk Route - (20-8.7) Present was the applicant Thomas David Mr. Willet reads the inspection report and asks the applicant if he had considered locating the addition on another side of the house. Mr. David responds that he had considered it no more than was warranted, stating that other locations would require complete redesign of the interior of the existing house. ...~ ~~l4TUCJr(-~ r~ ~ .1-'" f "Jl'\ ol~~~i t-;~J.~ i ~~\ ~~:-:.-{~I ('~ ~..,.:::>--..,.....~,f () ijp-.....:. 9. , ORAl~.,..~ .....,P'" Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 13 Mr. Willet states that the existing house is already close to the wetland and the addition would make it even closer; from a wetland standpoint it is the worst side of the house. Mr. Dunwiddie adds that the Commission charge is to protect wildlife and vegetation and it has been shown that the closer you disturb land next to a wetland the greater the impact there is to the wildlife. The vegetation has already been disturbed by the mowing around the house. Mr. Dunn comments that you have to prove that the work will not alter the interests of the Act. Mr. David responds that from a practical standpoint, putting the addition on another side of the house would not work; the house is only 16 feet wide and would require a lot of internal changes to make it work. Mr. Dunn told Mr. David he was not using his imagination. After more discussion, Mr. David agreed to revise the plan. MOTION: To continue the hearing for a revised plan, a DEP file number, and response from Mass. Natural Heritage Program was made and seconded. UNANIMOUS ~. REGULAR MEETING 1. REQUEST FOR DETERMINATION * a. Andlinger - 72 Pocomo Road - (15-37) Present for the applicant was Glen Wills of Nantucket Surveyors. ( This is the same project that was reviewed under Local NOI90-004 earlier in this meeting) .~ ~ ~~l4TUCJr~ ~..p--~~\ ~1."~ .._ ~"Jl'.. oi ~~i t;x~_ ~ ~J"~i ~~_\ ~~=--i~1 .,...('~ -;'O.::~-/...~ ~ () I/J;oo-.....:.. 9.";- ORAl... ."~ ........' Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 14 MOTION: To issue a negative Determination commenting that the project is within the buffer zone but will not alter the resource was made and seconded. Vote: Mr. Dunwiddie abstains all other Commissioners in favor. * b. Marcy - 5 Craw's Nest Way - (12-222) Present for the applicant were Aileen Barth and Steve Welch of Aileen Barth Associates. Mr. McKelway reads the inspection report, explaining that the proposal is for a second dwelling on the lot. He said he could not be sure, but he believes the vegetation on the lot next door constitutes a wetland more than 50 feet away from the project site. He added that he would not expect the construction to alter this area. Wasierski asks where the septic system is located and if it can handle the additional bedrooms without expansion? Mr. Welch responds that the system is located someplace between the two buildings and that he is looking into the size of the system. MOTION: To continue with the consent of the applicant for an additional inspection of the property and additional information was made and seconded. UNANIMOUS * c. Nantucket Land Bank - Wesco Place - (42.4.2 - 49) Mr. Borchert abstains from the discussion. Present for the Land Bank was Andrea Stevens, Resource Planner Mr. Willet reads the inspection report. Mr. Blair, an abutter, comments that last fall the Land Bank had filled in some ruts on the private way. Unfortunatp.ly the material used was mostly clay and this has resulted in the '. ~ ~~l4TUCJr.~ ~). o .~'S. f~\~\ o 'lIIS ':\~}'. i ,\~- -. ..:~ ~~_\ ~~=-- ,lll" ~ -'<:-~ -;'0.::..,.:::>-' ."~ ~ ()I/j;........:.~." , ~~ORAl... ..~ ~............,..' Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 15 road draining poorly. He adds that the Land Bank wants to add some sand to help dry out the area. Ms. Stevens adds that the way belongs to the County for 292 feet, and after that it is a private way. The proposal is to put sand in the muddy area, she said. MOTION: To issue a negative determination commenting that the work is in an area subject to protection but will not alter the area and further recommend that haybales be placed to prevent sand from entering the ditch. Made and seconded. UNANIMOUS * d. Cedar Crest II - Old South Road - (68-99 & 99.2) Present for the applicants were Arthur Reade, counsel, and Peter Ogren of Haynes Engineering. Mr. Dunwiddie reads the inspection report and requests clarification of the recommendation. Mr. Reade comments that the application was made as a result of the informal Planning Board referral made during last fall at the Board's request. The applicants want to make sure that the road work required by the Planning Board is outside the 100 foot buffer. Mr. Ogren said that in relation to the wetland that was filled in on the adjoining property, Mr. Maury was not aware that there were any wetlands on his property and he had commented to us that he had already received a determination to that effect. Mr. McKelway adds that there is no record of a determination in our files. Mr. Reade states that he had contacted Mr. Maury attorney and that they are looking for the determination. Mr. Dunwiddie questions how Mr. McKelway can recommend a negative Determination for the applicant on the basis that "., ~ ~~l4TUCIt:~ ~)- C> '''So''' f. ~\ Olr~"U1i t-;~).~ i ~~_\ ''is''b5=--i~1 -y('~ -;'O.::"":::>-'/,,~ ~ () ;;::-....... ~." ;' rORAl.......\-w .....,.. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 16 there is no wetland in the area then turn around and fine somebody for filling in a wetland. Mr. Ogren states that with our Request for Determination filing we included a report from our in-house biologist, Debbie McCartney. She provides the delineation of the wetland area and the plants. She also states that it is too small to be a state wetland but does fall under the local bylaw and regulations. After reading the report, Mr. Dunwiddie stated that one cannot have better documentation than that report, to show that there was indeed a wetland there. MOTION: To issue: 1. a determination that the proposed road work is outside of the 100-foot buffer zone to a wetland and therefore outside our jurisdiction AND 2. that Lots 18, 19, 20, and 21, which have portions within the 100-foot buffer zone, may require the filing of a Notice of Intent before construction starts on those lots. Made and seconded UNANIMOUS MOTION: To send Mr. Maury a letter stating that he has filled in a wetland; for him to stop work on the lot; to appear at the next meeting; and for the Chairman to contact him by phone and inform him of our actions. Made and seconded UNANIMOUS 2. OTHER BUSINESS a. Woodbury Lane - Lot 5 move garage location - minor mod? Present for the applicant was Renee Ceely, trustee. ~. ~~l4T~~ r~ <> .1-'" Of.~~\ I .1JIa ~\" - ~J. ,. e.\" -~ - · ~~~~=-- i~.1 ('~ -;'O.::..,.:::>-..........~ $ ()ijp-.....:.~. ~ ORAl......~~ .....,.. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 17 Ms. Ceely comments that the garage is outside the conservation easement and the owners want to move it back 15 feet. Previously, the Commission has handled such cases in an informal manner, she said. Mr. McKelway states that the garage is already constructed and is within 100 feet of a wetland. It does not have the Commission's approval to be built in the first place. Ms. Ceely responds that the builder considers the conservation easement a "no build zone" and areas outside that easement as appropriate for building. With the garage located as it is now, the owners cannot see outside the kitchen window. MOTION: To continue the request to the next meeting and inspect the property before the next meeting was made and seconded. UNANIMOUS b. MACC: Annual Meeting March 3 in Worcester: Mr. McKelway reminded the Commissioners that they would have a better understanding of what a Conservation Commission can do if they would attend this meeting. c. Brushcutting Policy: Mr Dunwiddie wanted to discuss with the Commission a policy concerning brushcutting within the buffer zone of a wetland. He suggests that the Commission needs some consistency, in some cases the work would be beneficial to the wetland. Open vistas are part of Nantucket's cultural and environmental history, he said, and make Nantucket a special case in which certain brushcutting should be allowed. Mr. McKelway said one problem is that the public can't always tell the difference between the buffer zone and Bordering Vegetated Wetland. He cited the cases of two lots between Long Pond and Long Pond Drive, on which wetland shrubs have been cut all the way down to the water and almost down to . ..... ..~ ~~l4TUCJr;'~ ~)> C> .~"" f \"Jl'\ ol~~~i ':~J"~i ~~\ ~~~- i~1 (',- ~..,.:::>--....'i...~1 (J.9"--'P .......,;, Q. ., ORAl'" ~..~<j .....,.., Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes February 8, 1990 Page 18 the water. He said these people have each been instructed to file a Notice of Intent, in accordance with a DEP adjudicatory hearing decision issued last summer, reported in Lawyers' Weekly, and mailed to each Commission member. Mr. Willet comments that it is tough to set a policy for the island on a broad scale. Mr. Dunwiddie said he can see that it will take a lot more discussion to reach a consensus. 3. CORRESPONDENCE 4. MINUTES: for January 11 ~ 25, 1990 MOTION: To approve the minutes as drafted was made and seconded. UNANIMOUS 5. BILLS TO BE PAID 6. FIELD INSPECTIONS - Tuesday, February 20, 1990 at 3:30 PM ADJOURNMENT AT 10:37 PM I \ j\Ql~ \lJ\cwl ql \~qOJM !I J-- ......-r' KYJ'\ (~ Il~~ 11./ /; ;' n V\..J&