HomeMy WebLinkAbout1990-02-22
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
MEETING MINUTES FOR FEBRUARY 22. 1990
The meeting was opened at 7:02 PM in the Large Group
Instruction Room of the Nantucket High School. Commissioners
present were William Willet, Granville Cranston, Lee Dunn, Carl
Borchert, Henry Wasierski, and Peter Dunwiddie. Also present were
Ben McKelway, Administrator and Bruce Perry, Secretary.
a. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC
NONE
~. PUBLIC HEARINGS
1. David Jay - Quaise Pasture Road - (26-20.3)
Present were the applicant David Jay and Melissa
Philbrick, counsel.
Mr. Jay submits a copy of the preliminary road plan that
was before the Planning Board. He comments that at one point
the proposed road wili ned a waiver from the 25-foot
undisturbed buffer to a wetland. The position of the road is
limited to its proximity to the lot boundary. The other area
where the road would come close to a wetland is in the cuI de
sac. He comments that he would like to save a couple of the
old oak trees that are located there. He adds that he is
asking for a 10-12 foot wide road.
The Commission asks if there is any plans to modify the
notice of intent in light of the changes proposed.
Mrs. Philbrick responds that the applicant plans to request
the modifications after they file their definitive plan with
the Planning Board. Presently the NOr includes the road, lots
and houses. She says that the modified NOr will be for the
road only. The Planning Board may require an impervious
surface and a 14 foot wide travelled surface, 12 feet may be
too small for the Planning Board. She adds that the consensus
of the Board was that they may allow a cuI de sac instead of a
through road but they are waiting for a definitive plan from
us before they make that decision.
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Town of Nantucket
Conservation Commission
(50H) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 2
Mr. McKelway suggests that the Commission could issue its
Order of Conditions requiring a pervious surface before the
Planning Board makes its decision.
Mr. Borchert comments that a narrow paved road might be a
better option versus a gravel spec. road. rt would hold up
better and end up not as wide and full of potholes.
Mrs. Philbrick adds that the Planning Board will allow a
gravel road for at most seven houses, the intent is to have 14
houses at a maximum.
Mr. Jay responds that pavement is inappropriate in this
area. The Boards need to consider the landscaping of the area
in addition the architecture.
Mrs. Philbrick asks the Commission's opinion on having the
cuI de sac close to the wetlands and saving trees or have it
away from the wetlands and have a lot of brush clearing. She
adds that the cuI de sac will be within 15 feet at its closest
point to the large oak that we are trying to protect.-
Dr. Dunwiddie responds that he would like to save the trees
and adds that the incursion into the wetland will not be that
damaging. He adds that he strongly urges that the applicant be
present when the bulldozers come to cut the road, otherwise
they will go places regardless of the flagging. He also
suggests that the final approved plans show the location of
barriers to protect the trees and that they be erected before
the work commences. He states that he also would like to see
the downhill slope of the back filling end at the haybales and
not use the haybales as a retaining wall.
Mr. Dunn comments that he would like the proposed road use
the existing driveway as much as possible.
Mr. Jay states that he has no intention to put a driveway
through a wetland. He plans to use common driveways to prevent
this.
Mrs. Philbrick adds that one of their considerations will
be to change the lot lines to keep the driveways out of the
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 3
wetlands. She states that they have no intention to make the
lots so that the driveways have to be put through a wetland.
Mr. Jay states that the latest plan that they have made
shows the Bordering Vegetated Wetlands on it.
Mr. McKelway asks if the wetland boundaries were verified
by the Commission.
Mr. Wills responds that the area with the oak trees and the
saltmarsh have been done; the section the was not done before
has not been completed.
Mrs. Philbrick states that there is nothing proposed for
that area.
Mr. Borchert responds that that is not acceptable. The
applicant needs to fill in the gaps in the wetland boundary.
Mr. Wills comments that the areas in question have been
reflagged.
Mr. Borchert asks that the questionable areas be marked on
the plan and be checked.
MOTION: To continue the hearing at the request of the
applicant and the receipt of a DEP file number was made and
seconded.
UNANrMOUS
2. Nancy Claflin - 35 Wauwinet Road - (20-34)
MOTION: To continue the hearing for more information
and the receipt of a DEP file number was made and seconded.
UNANrMOUS
3. Francis - 41 Dukes Road - NAN89-003 (56~327)
Present for the applicant were Andrew Leddy, counsel
and Bob Emack, agent.
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Town of Nantucket
Conservation Commission
(50H) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 4
Mr. Leddy asks if the viral and nitrate data is to be
submitted on all septic filings or is this an ad hoc
consideration.
Mr. Willet responds that this is an ad hoc request.
Mr. Leddy states that he requests a continuance for his
client in order to further discuss the case.
MOTION: To continue the hearing at the request of the
applicant was made and seconded.
UNANIMOUS
4. Gillies - 145 Wauwinet Road - SE48-574 ( 11-7 )
Present were Mr. and Mrs. Gillies applicant, Andrew
Leddy counsel, Tom King designer.
Mr. Willet reads letters from R. O. Klausmeyer and Martha
Boynton and identifies correspondence from Enid Williams,
Henry Reeder, Jr., Melissa Philbrick (counsel representing
abutters>, and the Nantucket Land Council.
Mr. Leddy states his strenuous objections to the last
minute submittals without notice to the applicant's counsel.
He adds that common courtesy would allow for at least
notification that letters have been submitted. He states his
clients travel a long distance to attend these meetings and
they do not need to be ambushed by submittals without any
means to respond to them.
Mr. Borchert responds that the files are open all the time
and suggests that Mr. Leddy could stop in or call to see if
any new information has been submitted.
Mr. Willet suggests that the office staff notify Mr. Leddy
of any submittals concerning this file.
Mr. King submits a construction sequence plan prepared by
Haines Hydrogeologic Consulting as requested by the Commission
at the last meeting.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 5
Mr. Borchert notes that this plan was received by the
Commission today.
Phase I : consists of the proposed septic system
replacement and the raising of the house to be performed
during late winter and early spring 1990.
Phase II : consists of replacement of the garage and
building of the dune to be performed during the fall and
winter of 1990-1991.
In addition the submittal contained colored plans showing
the areas to be affected during each phase of work.
Mr. Leddy states that he would like to hold over discussion
of the addition.
Mr. King adds that there has not been much criticism over
the raising of the house or the septic replacement.
Mr. Borchert interjects that the issue of the number of
bedrooms in the existing still has to be cleared up.
Mr. Leddy responds that he would like to resolve the septic
replacement and house raising tonight. He asks to hold off
discussion of the garage and addition until his clients have
had the opportunity to discuss the issues with litigation co-
counsel. He adds that at this time he does not intend to
remove the garage and addition from the NOr.
Nelson Jones, Wauwinet resident, asks if raising the house
six feet is really necessary and he adds that some of the
neighbors have contacted him with worries about wind problems
by raising the house so high.
Mr. King responds that the finish floor will be at
elevation 20'; the bottom will be approximately elevation 19';
the top of the dune is currently at elevation 22'.
Dr. Dunwiddie state that the dune height is not a constant.
He adds that the existing dune height is not particularly
relevant because dunes will change in height as they move. He
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 6
suggest that a compromise height be found that will allow the
dune to migrate and will not offend the neighbors.
Mr. Jones comments that raising the house will cause wind
blowout. The area under the house will need constant
maintenance. There need to be some compromise between the
effects on the dune and the height the house is raised. He
adds that there is no question that the piers under the house
need to be replaced, the question is how high to raise the
house.
Mr. Leddy responds that there is no absolute answer to that
question. The six feet was suggested by our consultant.
Mrs. Philbrick comments that she has the same concerns as
Mr. Jones. Raising the house six feet will greatly change the
relationship between the house and the dune. There has not
been any discussion concerning the effects on the dune at
different raising heights. She asks that the height be chosen
that will give the minimal impact and have the minimal change
on the dune.
Dr. Dunwiddie states that the applicants should have their
consultant, Mr. Haines, look into different heights and give
reasons pro and con for each height.
Mr. Wasierski suggests that possibly the Commission could
look into hiring an expert to evaluate that response.
Mr. Leddy clarifies the septic issue by restating from last
meeting that design criteria for septic are based upon two
people per bedroom. There have been ten people in this family
using the house for a number of years.
Mr. Gillies adds that the metal tank that is now failed was
installed in 1929 when the house was built.
Mr. Wasierski questions why a 500 gallon tank has to be
replaced with a system designed to handle 600 gallons per day.
Mr. Jeff Blackwell, septic designer, responds that the
system has to be brought up to modern codes. The replacement
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 7
needs to be sized to accommodate the number of people using
the house.
Dr. Dunwiddie comments that he could agree with the
applicant's case. There has been a long-term use as a five-
bedroom house.
Ms. Cheryl Creighton, of the Nantucket Land Council,
comments that the existing floor plan shows five bedrooms and
the plan is to add additional square footage onto the house.
The determination on the number of bedroom is not based solely
on the number of people using the house.
MOTION: To continue the hearing with the applicant's
consent for additional information was made and seconded.
UNANIMOUS
5. Bewkes - 100 & 102 Wauwinet Road SE48-577 (11- 24.1 & 24.2)
Mr. Dunn abstains from the discussion and leaves the
room.
. Present were the applicant Gary Bewkes, John Shugrue
agent, and Mason Tabor counsel from Sherbourne, Powers and
Needham.
Mr. Bewkes summarizes the history of his ownership of the
property stating that he purchased the 10 1/2 acres in 1975.
The lot only had one entrance and that driveway was sold with
the house to John Horgan with an easement that allows me to
use the driveway to get to the guest cottage on the other lot.
The land is subject to 5000 square foot zoning and is vastly
underbuilt from what could be allowed. He adds that he had
sold a three acre parcel but later purchased it back. He
states that he has contacted his neighbors concerning using
their driveways as an alternative access and they have
responded negatively due to the loss of privacy.
Mr. Bewkes reads part of a letter from abutter John Horgan
who commented that he felt that the wetland in question was
insignificant and could be filled to allow the driveway.
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 8
Dr. Dunwiddie disagrees and states that the wetland is at
least 100 feet wide. It is no question that it is a bona fide
. wetland. There is wetland on both sides of the driveway to
Horgan's house.
Mr. Bewkes was asked when the original subdivision was
created and he responded in 1977.
Mr. Tabor adds that the latest subdivision was approved ANR
by the Planning Board and has not gone to record at land court
as of yet.
Mr. Borchert comments that the problem is access through
the wetland no matter how many lots are there.
Mr. Wasierski states that he would rather see a wooden
bridge be used instead filling and a culvert. He adds that
replication for the filled wetland would not likely be
successful due to the topography of the lot (steep slopes out
of the wetland>.
Mr. Shugrue asks if the bridge needs to be built to H20
standards and span the entire 120 feet? or would fill 60 feet
and bridge 60 feet be acceptable?
Both Mr. Borchert and Dr. Dunwiddie state that they would
not like to see as massive a structure as the bridges approved
in the Sharp/Mills project.
Dr. Dunwiddie that he would like to see a low bridge which
would result in damaging some of the shrubs but allow wildlife
to pass under it and not be visually obtrusive.
Mr. Bewkes responds that he would like his engineer to
estimate the cost of the bridge. He adds that there a great
increase in the cost then it is questionable that it is a
reasonable request.
Mr. Willet suggest that the bridge is the most preferable
approach.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 9
Dr. Dunwiddie comments that there are a lot of different
ways to construct this bridge and most of them have not been
tried on the island. He urges the applicant to be inventive in
their design suggestions.
Mr. Borchert adds that the bridge needs to be designed to
be of the minimal size but may have to be able to handle
construction deliveries (concrete, lumber, etc.)
Mr. Bewkes states that he will talk with Mr. Horgan and see
if he will allow use of the existing driveway to bring in
building materials
Dr. Dunwiddie reiterates that he would like to see minimal
clearance between the bridge and the wetland.
MOTION: To continue the hearing for additional
information and at the request of the applicant was made
and seconded.
UNANrMOUS
6. First Winthrop - White Elephant - SE48-579 (42.4.1-23-25)
MOTION: To close the hearing and issue an order of
conditions was made and seconded.
UNANrMOUS
7. Mullen - 20 Western Ave - SE48-576 (87-74)
Present for the applicant was John Shugrue, agent
Mr. McKelway comments that there still has been no response
from Mass. Heritage Program.
Mr. Shugrue comments that he has no problem with continuing
the hearing but would like to start the project soon.
MOTION: To continue the hearing for additional
information and with the consent of the applicant was made
and seconded.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 10
UNANIMOUS
8. David - 6 Old Quidnet Milk Route - (20-8.7)
Present was the applicant Thomas David.
Mr. McKelway comments that he had inspected the site today
and Mr. Willet reads the inspection report.
Mr. Borchert reads the letter submitted by the applicant
changing the design of the proposed addition.
Mr. David adds that the addition is now 16 x 32 and
centered on the end of the house furthest away from the
wetlands. It is 50 feet from the wetland line shown on the
plan.
Mr. Borchert adds that we are still waiting for response
from Mass. Heritage and a DEP file number.
MOTION: To continue the hearing with the consent of
the applicant, for a response from Mass. Heritage Program,
a DEP file number was made and seconded.
UNANIMOUS
9. Hartick - 31 Baxter Road - (49.2.3-8)
Present for the applicant was David Wiley, agent.
Mr. McKelway summarizes the project, stating that the
stairway is proposed on a heavily vegetated coastal bank next
to Eleanor Richie's lot.
Mr. Wiley submits the plans for the stairway and adds that
Hatrick owns the property that the stairs will be built upon.
Mr. Wasierski asks who owns where the stairs end?
Mr. Wiley responds that the Town owns that land. He also
submits a preliminary drawing for the proposed gazebo with
benches inside. The landing is located to provide a break
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 11
after a long run of stairs. The materials used will be red
cedar, allowed to weather.
Mr. Dunn comments that the gazebo seems to be a large
structure and suggests that it be made as small as possible.
Mr. Borchert suggests that the landing be reduced in size
to 9 x 9 with no gazebo, and a sketch of the profile of the
railing be made.
MOTrON: To continue the hearing for a revised plan
with a railing and a smaller landing and the receipt of a
DEP file number at the request of the applicant was made
and seconded.
UNANrMOUS
10. Shapiro - 57 Pocomo Road - (15-16)
Mr. Dunn abstains from the discussion.
Present for the applicant was Bob Emack of Nantucket
Surveyors and Arthur Reade of Reade and Alger.
Mr. Emack submits a plan showing how the existing house
differs from the house approved by the 1979 Order of
Conditions. He adds that the intent of this filing is to clear
up the problems. The deck is approximately 57 feet from the
bank and the house is 70 feet away.
Dr. Dunwiddie reads the old Order of Conditions.
MOTION: To continue the hearing for a file number at
the request of the applicant was made and seconded.
UNANIMOUS
c. REGULAR MEETING
1. REQUEST FOR DETERMINATrON
a. Marcy - 5 Crow's Nest Way - (12-222>
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Town of Nantucket
Conservation Commission
(50H) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 12
Present for the applicant was Steve Welch of Aileen
Barth Associates.
Mr. Welch submits a new plan showing the location of the
existing septic system. He comments that the new dwelling will
require the system be expanded.
Mr. Borchert asks why a new system was not designed for the
new house and the design shown on the plans ?
Mr. Welch comments that he initially thought that they
would get a negative determination and that he was trying to
save his clients some money.
MOTrON: To issue a positive determination and require
the filing of a Notice of Intent for the work was made and
seconded.
Mr. Dunn abstains, all other Commissioners in favor.
b. Urbahn - 101 Low Beach Road - (75-32)
Present for the applicant were Mark Barber and Eric
Urbahn, applicant.
Mr. Willet reads the inspection report and asks if the
property is within the flood zone?
Mr. Urbahn responds that it is not.
MOTION: To issue a negative determination commenting
that the work is within a buffer zone of an area subject to
protection but will not alter was made and seconded.
UNANIMOUS
c. Town of Nantucket - Town Pier Pumpout - (42.2.3-2)
Mr. McKelway comments that the Marine Department was not
present because there had been faulty information on the
abutter list from the Assessor's office and that he had asked
that the file be continued.
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 13
Mrs. Linda Loring, an abutter, states that the sewer line
in Washington Street is a real problem. It is overloaded and
broken in many places. She comment that she does not see how
the Commission could approve adding sewage to this line.
Mr. McKelway responds that while the Request says that the
pumpout will tie into the sewer line, Mr. Rezendes has
verbally stated to me that a sealed tank may be an
alternative.
MOTrON: To continue the file for proper abutter
notification and waive the 21 day Determination requirement
was made and seconded.
UNANrMOUS
2. ORDERS OF CONDITIONS
a. Sisk - 153 Wauwinet Road - SE48-578 (11-3)
Present for the applicant was John Shugrue.
Mr. Shugrue request that item # 3 in the draft be deleted
and after discussion the Commission agrees.
MOTrON: To issue an Order of Conditions for the
project as amended was made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
3AMES C. AND MAR30RIE SISK
DEQE FILE NUMBER SE48 - 578
ASSESSOR'S MAP 11, PARCEL 3
153 WAUWINET ROAD
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 14
3. 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 be 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 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.
4. Members, employees, and agents of the Commission shall have
the right to enter and inspect the premises to evaluate
compliance with the conditions and performance standards
stated in this Order, the Nantucket Wetlands Bylaw, the
Regulations promulgated under the Bylaw, the Massachusetts
Wetlands Protection Act, and pertinent Massachusetts
regulations (310 CMR 10.00 through 10.99). The Commission may
require the submittal of any data deemed necessary by the
Commission for that evaluation.
5. 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 the site and monitoring site activities so as to
prevent erosion, siltation, sedimentation, chemical
contamination or other detrimental impact to the on-site
wetland and/or off-site resource areas. It shall be the
responsibility of the property owner of record to see that the
maintenance conditions are complied with as required by this
order.
6. This document shall be included in all construction contracts
and subcontracts dealing with the work proposed and shall
supersede other contract requirements.
7. Used petroleum products from the maintenance of construction
equipment, construction debris, and unused paint and paint-
related products shall be collected and disposed of
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 15
responsibly off the site. No on-site disposal of these items
is allowed.
8. 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.
9. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
10. No coastal engineering structure of any kind shall be
permitted on the property in the future to protect the
project allowed by this Order. Section 310 CMR 10.30 (3)
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 BYLAW ONLY:
The Commission hereby grants the applicant waivers from Sections
2.03(B)(5) and 2.04(B)(3) of the Wetlands Protection Regulations
of the Town of Nantucket, under the Nantucket Wetlands Bylaw
(Chapter 136). Section 2.03(B)(5) prohibits the placing of any
septic system in shifting sands or on a coastal dune. Section
2.04(B)(3) prohibits the construction of a septic system on a
barrier beach. However, because the proposed septic system would
replace a failed system, the Commission expects an improvement
over the existing situation. There has been a clear and
convincing showing by the applicant's agent that there are no
reasonable conditions or alternatives that would allow the
project to proceed in compliance with the regulations and that
the proposed activities will not have any adverse effect upon any
of the interests protected by the Bylaw. These waivers are
granted under the authority of Section 1.03(F)(1)(a) of the
Wetlands Protection Regulations of the Town of Nantucket.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 16
b. Andlinger - 72 Pocomo Road
NAN90-004 (15-37)
Present for the applicant were Glen Wills of
Nantucket Surveyors and Andrew Leddy, counsel.
Mr. Wills suggests that the wording in # 3 be changed from
silt fence and haybales to snow fence or construction fence.
The commissioners agreed to the change.
Mr. Wills asks that in # 12 that "patio" not be included ln
structures to be required within the building envelope.
After discussion the Commissioners decided to leave the
word in the Order commenting that the applicant could come in
at a later date with a RFD for a patio.
Mr. Wills that in # 16 the vegetation be allowed to be
trimmed as it is presently.
After discussion the Commissioners allowed the vegetation
to be trimmed by hand no lower than two feet from the ground.
Mr. Wills asks that # 17 be deleted commenting that it is
outside the 100 foot buffer zone and the Commission agrees.
Mr. Wills asks the # 18 be changed to allow cutting with in
50 feet of the wetland or to the limit of the construction
fence. He adds that there is only one section on the corner of
the house that comes close to 50 feet otherwise all other
cutting will be limited by the construction fence.
The Commission agrees.
Mr. Wills asks that # 20 incorporate the main house only.
After discussion, the Commission decides to not make any
changes to that item.
MOTrON: To issue the local Order of Conditions as
amended was made and seconded.
UNANIMOUS
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 17
ADDITIONAL SPECIAL CONDITIONS
GERHARD ANDLINGER
FILE NUMBER NAN90-004
ASSESSOR'S MAP 15, PARCEL 37
72 POCOMO ROAD
UNDER THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
3. Prior to any activity at the site, a construction fence or
snowfence shall be staked along the line shown as "PROPOSED
LIMIT OF WORK I CONSTRUCTION FENCING" on the plan. Erected to
contain debris and to prevent damage along the coastal bank or
other resource area during construction, this line will also
serve as a limit of activity for work crews. rt 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 be 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 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.
5. Members, employees, and agents of the Commission shall have
the right to enter and inspect the premises to evaluate
compliance with the conditions and performance standards
stated in this Order, the Nantucket Wetlands Bylaw, the
Regulations promulgated under the Bylaw, the Massachusetts
Wetlands Protection Act, and pertinent Massachusetts
regulations (310 CMR 10.00 through 10.99). The Commission may
require the submittal of any data deemed necessary by the
Commission for that evaluation.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 18
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 the site and monitoring site activities so as to
prevent erosion, siltation, sedimentation, chemical
contamination or other detrimental impact to the on-site
.. wetland and/or off-site resource areas. It shall be the
responsibility of the property owner of record to see that the
maintenance conditions are complied with as required by this
order.
7. This document shall be included in all construction contracts
and subcontracts 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 and disposed of
responsibly off the site. No on-site disposal of these items
is allowed.
9. Dust control, if required, shall be limited to water. No salts
or other wetting agents shall be used.
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. In all cases, no part of any structure, including a deck,
patio, or retaining wall, may be closer than 50 feet from
the top of the bank or closer than 50 feet from the edge of
the other wetland shown on the plan.
14. No coastal engineering structure of any kind shall be
permitted on the property in the future to protect the
project allowed by this Order of Conditions.
15. Fill may be added no closer to the coastal bank than the
line identified on the plan as "PROPOSED EDGE OF LAWN."
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 19
16. After completion of this project, mowing is allowed up to
20 feet from the top of the coastal bank, along the line
identified on the plan as "PROPOSED EDGE OF LAWN."
However, all vegetation within 20 feet of the top of the
bank must be left untrimmed and otherwise undisturbed
within 2 feet of the ground.
17. No brushcutting on the property may be closer than 50 feet
from the top of the bank or closer than 75 feet from the
edge of the other wetland.
18. To minimize adverse effects on fisheries, shellfish, and
wildlife, no fertilizer or pesticide (including herbicides,
rodenticides, fungicides, and insecticides) may be used
more than 15 feet from a structure.
19. To minimize adverse effects on scenic views from the beach
and harbor, the highest roof ridge elevation may be no more
than 29 feet from existing grade, 27 feet from final grade.
WAIVER:
The Commission hereby grants the applicant a waiver from Section
2.05(B)(5) of the Wetlands Protection Regulations of the Town of
Nantucket, under the Nantucket Wetlands Bylaw. This section
requires all projects which are not water-dependent to maintain
at least a 25-foot natural undisturbed area adjacent to a coastal
bank. In this case the Commission finds that the planting of
additional shrubs within a.20-foot zone along the coastal bank,
said zone to remain undisturbed thereafter, will discourage human
activity along the top of the bank and thus will improve the
natural capacity of the bank to protect the interests identified
in the Bylaw. Therefore, this waiver is granted under the
authority of Section 1.03(F)(1)(c) of the Wetlands Protection
Regulations of the Town of Nantucket.
###
c. First Winthrop - White Elephant SE48-579 (42.4.1-23-25)
Present for the applicant was Arthur Reade counsel
from Reade and Alger; Bob Emack of Nantucket Surveyors;
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 20
Janet Craig of Sherbourne Associates; Dale Taylor Grounds
Manager.
Mr. Reade states that he would like to see # 13 changed.
Presently it is unworkable and requires the applicant to come
in for a one day permit.
Dr. Dunwiddie agreed commenting that it is a nice idea but
does not see how it will work.
Mr. Reade states that the applicant is willing to use
reasonable control and have a annual screening process by the
Commission on the pesticide use.
Mr. Dunn responds that we would be approving chemicals
without knowing their effects.
Mr. McKelway comments that the office is acquiring a lot of
pesticide information.
Mr. Taylor states that the Commission should accept his
staff's level of competence and training.
Dr. Dunwiddie responds that your competence is not in
question but you may not always hold that job, the lawns are
in a sensitive area, and the ownership of the property could
change. He adds that the annual review is a workable solution.
It allows the Commission to keep in touch with information
changes.
Mr. Reade adds that because a pesticide is approved one
year is not in and of itself compel approval the next year. He
suggests that the applicant will submit a list of potential
pesticides to be used by March 1 every year and the Commission
could have until April 1 to approve and/or amend the list.
Mr. Reade suggests that # 4, the as-built plan, be for
related work done under this Nor and suggests the wording
'installed under this Order' be added to the draft.
The Commissioners agree to the suggested change.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 21
MOTrON: To issue the Order of Conditions as amended
was made and seconded.
UNANrMOUS
ADDITIONAL SPECIAL CONDITIONS
FIRST WINTHROP PROPERTIES, INC.
DEQE FILE NUMBER SE4B - 579
ASSESSOR'S MAP 42.4.1, PARCELS 23, 24, 25
50 EASTON STREET
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
3. Prior to any activity at the site, a siltation fence or a line
of haybales shall be staked along the bulkhead as shown on the
plan. This fence or line will also serve as a limit of
activity for work crews. rt 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 be limited to, the following work done
pursuant to this Order: 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 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.
5. Members, employees, and agents of the Commission shall have
the right to enter and inspect the premises to evaluate
compliance with the conditions and performance standards
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 22
stated in this Order, the Nantucket Wetlands Bylaw, the
Regulations promulgated under the Bylaw, the Massachusetts
Wetlands Protection Act, and pertinent Massachusetts
regulations (310 CMR 10.00 through 10.99). The Commission may
require the submittal 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 the site and monitoring site activities so as to
prevent erosion, siltation, sedimentation, chemical
contamination or other detrimental impact to the on-site
wetland and/or off-site resource areas. rt shall be the
responsibility of the property owner of record to see that the
maintenance conditions are complied with as required by this
order.
7. This document shall be included in all construction contracts
and subcontracts 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 and disposed of
responsibly off the site. No on-site disposal of these items
is allowed.
9. Dust control, if required, shall be limited to water. No salts
or other wetting agents shall be used.
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. Fertilizers used within 100 feet of the coastal beach shall
be limited to ammonia-based, time-release compounds,
applied in moderation.
..
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 23
13. In order to prevent adverse effects on shellfish, finfish,
and wildlife, the Commission shall regulate the use of all
pesticides on the portion of the property located within
100 feet of the coastal beach. The Commission is cognizant
of the fact that, because information available to it
regarding proposed pesticides and the manner of application
thereof changes with the passage of time, it is not
appropriate to approve a permanent list of substances and
methods at the present time. Therefore, the owner of the
property shall submit, prior to March 1 of each year,
starting with 1990, a list of substances, methods, and
frequency of application, and such other reasonably
pertinent information as the Commission may request, to be
used during the year ahead. By April 1 of each year, the
Commission will respond to the owner with approval of a
specific list of substances, with such restrictions on
their use as it deems appropriate, which may be used until
the following April. The Commission may prohibit any
substance or method which it determines to be detrimental
to shellfish, finfish, and wildlife. The fact that a
specific substance or method shall be approved for one year
shall not constitute a basis for its approval in a
subsequent year. No pesticides may be applied to the
portion of the property lying within 100 feet of the
coastal beach except in accordance with this condition.
UNDER THE NANTUCKET WETLANDS BYLAW ONLY:
The Commission hereby grants waivers from Sections 2.02(8)(6),
2.05(B)(5), and 2.10(8)(4) of the Wetlands Protection Regulations
of the Town of Nantucket, under the Nantucket Wetlands Bylaw
(Chapter 136). Sections 2.02(B)(6) and 2.05(B)(5) require a
distance of 50 feet between structures which are not water-
dependent and a coastal beach (or tidal flat) or coastal bank,
respectively. These two sections also require a 25-foot natural
undisturbed area adjacent to a coastal beach (or tidal flat) or
coastal bank. Section 2.10(B)(4) prohibits building upon areas
subject to coastal storm flowage in locations where such
structure would be subject to storm damage. However, there has
been a clear and convincing showing by the applicant that there
are no reasonable conditions or alternatives that would allow the
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 24
project to proceed in compliance with the regulations and that
the proposed activities will not have any adverse effect upon any
of the interests protected by the Bylaw. There is little if any
slope and the lawn is below the top of the bulkhead, so it is
unlikely that the coastal bank or beach would be adversely
affected by the construction work. These waivers are granted
under the authority of Section 1.03(F)(1)(a) of the Wetlands
Protection Regulations of the Town of Nantucket.
###
3. CERTIFICATE OF COMPLIANCE
a. Flamm - 43 Squam Road - SE48-451 - (13-24)
Present were the applicant Ellen Flamm and Melissa
Philbrick, counsel.
Mr. McKelway briefly summarizes the situation, explaining
that the addition as built is bigger and closer to the wetland
than permitted, and therefore is in violation of the Order of
Conditions. Such a violation is automatically a violation of
the local wetlands bylaw.
Mrs. Philbrick submits a copy of an as-built plan that
shows where the house differs from the approved footprint. She
adds that the builder had commented that the HDC and the
Building Department had made modifications to the plans. She
said that he felt that it was up to the Building Department to
inform the ConCom of the changes. She continues commenting
that there clearly are some major changes that were not
approved by the Commission. The addition is six feet too long
(35' instead of 29') and she adds that it in no way meets the
Order of Conditions.
Mr. Borchert asks about the walkways - where they came
from?
Mrs. Philbrick responds that she does not know. The house
is now completed. The project went through a long permitting
process and Mrs. Flamm did not want the work to be done
without the proper permits. She argues that if the changes in
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Town of Nantucket
Conservation Commission
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 25
the as-built had been submitted at the time of the hearing,
they would have been approved by the Commission.
Mr. Dunn states that the minutes are clear that the
Commission did not want a full basement.
Dr. Dunwiddie disagrees with Mrs. Philbrick. He states that
the Commission was very clear in our requests and intent in
allowing the project to go forward. The reason was exactly to
prohibit this from happening. He adds that the file is very
clear in his mind on what the Commission wanted.
Mrs. Philbrick asks what is the remedy?
Mr. Borchert state that the applicant could start by
removing the walkways.
Mrs. Philbrick responds that the walkways are to control
people and keep them from walking in the wetlands.
Mr. Dunn asks about the possibility of wetland re~lication
on the lot ?
Mrs. Philbrick states that it might be possible as the lot
is fairly large. She adds that Mrs. Flamm had submitted an ANR
plan to the Planning Board to move the lot line, as the
addition was also built closer to the line than allowed by
zoning setback rules.
Dr. Dunwiddie states that the Commission cannot back down
in this case. It was very clear at the hearings what the
Commission wanted. He says that the applicant should move the
addition back and revegetate the area disturbed.
MOTION: To inspect the site and discuss further at
the next meeting was made and seconded.
UNANrMOUS
b. English - 158 Orange Street - SE48-353 (55-61.1)
Present for the applicant was Glen Wills of Nantucket
Surveyors.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 26
MOTION: To issue a certificate of Compliance for the
project was made and seconded.
UNANIMOUS
c. English - 158 Orange Street - SE48-356 (55-61.1)
Present for the applicant was Glen Wills of Nantucket
Surveyors.
MOTION: To issue a certificate of Compliance for the
project was made and seconded.
UNANrMOUS
d. English - 158 Orange Street - SE48-357 (55-61.1)
Present for the applicant was Glen Wills of Nantucket
Surveyors.
MOTION: To issue a certificate of Compliance for the
project was made and seconded.
UNANrMOUS
4. OTHER BUSINESS
a. Woodbury Lane - Lot 5 move garage location - minor mod?
Present for the applicant was Renee Ceely.
Ms. Ceely comments that the building diagrams approved for
the project were only schematics and not actually building
envelopes. Instead, she was under the impression that there
was simply a no-build zone (the wetland, which is under a
conservation restriction), and that any building outside that
zone was OK, with informal consultation with Commissioners at
the site when necessary. She adds that the request is to move
the garage 15 feet further back on the property, closer to a
ditch and bordering wetland.
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes February 22, 1990 Page 27
After discussion, the Commission did not agree with the 'no
build zone' concept as portrayed by Ms. Ceely. The Commission
was undecided as to whether it was permissible for the garage
to be built without prior Commission approval.
MOTION: To not allow the garage to be moved any
further back on the lot was made and seconded.
rN FAVOR:
Dunwiddie, Borchert, Dunn.
b. Airport Commission - Fuel Pipeline - late filing FErR -
meeting March 1, 1990 at 4:30 PM with Board of Selectmen
Not discussed. Commission was in a hurry to adjourn.
c. Maxcy's Pond - Proposal to erect street light for
skating
MOTrON: To send a letter to the Board of Selectmen
recommending that the light not be installed was made and
seconded.
IN FAVOR:
Dunwiddie, Borchert, Dunn.
d. MACC - workshop selection
not discussed.
5. CORRESPONDENCE
6. MINUTES: for February 8, 1990 were not approved
7. BILLS TO BE PAID
8. FIELD INSPECTIONS - Tuesday, March 5, 1990 at 3:30 PM
The Meeting was adjourned at 11:15 PM
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