HomeMy WebLinkAbout1990-02-18
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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
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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
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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.
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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,
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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.
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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
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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.
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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)
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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
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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
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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.
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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
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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
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