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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. ~..~ f ~~~TUCI(;~ ~r~ () "1-" f~~\ o[ "CJI;1 ':X~~J~j ~~_\ ~~=--I..A.. ;: - '(:>.... ""Tt=.....;::>-..-/. ~ ;: O.9j;o_...... ~...., ORAl'" .~~ ...."..' 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 ..~ ~~"'TUCJr;'~ r~ () "1-" f y\ 0{1-- ~ ~'C, i I-l~l. i ..\_~~~./::~ ~~\ ~~=-- 11\ ;: ('.... ""Tt=.....;::>-./....~,i 0.9;;-......... ~. ~ ORAl'" .~~ ........' 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. · 4';~' h~~~ ~f~ __ ~\ o{~~'C,i ':l~l'-. i ...\~- . '!III ~~_\ ~~I - '(:>.... ""Tt=.....;::>-..-/. ~ ;: o~....... ~....~.. ORAl... .~~ III"'''' 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. ....~ ~~"'TUCJr~~ r~J- () ""1-,, f :\Y\ olr~ ~'C,i ':l~. ~}.. i .\ ....-~~- t ...... ~~'\ ~'b5=-- 11\ I - '(:> ~ ""Tt=.....;::>- -.-/. ~ ;: o~.......~....~.. rORA1.....~.... III..... 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 ..~ ~~"'TUCI(;~ ~)o () "1-" f :\Y\ ol~~'C,1 ':l~}.. i ..\ ....-~~- ~ ........ ~~_\ ~~=-- 11\. I -'(:>~ ""Tt=.....;::>-. /. ~ ;: 0-9>> -.....;;......., rORA1...~.... III..... 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. ~ ~p.."'TUCJr~' ir~\ ol~\'C,i ':l~}.. i "\~~~t .~ ~~_\ ~'b5=-- I~i -'(:>~ ""Tt=--=-.-/. ~ .. o~p ........:.~...., ~~ORA1... .~~ ---,II"'''' 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. . 4i~~ ~r~ () "1-" f y\ ol~~'C,i ':~~J~j ~~_\ ~~=-- 11\ ;: .....('..... ""Tt=.....;::>- -.-/. ~ ;: o .9;;--........ ~...., ORAl... .~~ III.....' 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> ..~ . ~~"'TUCI(;t\ ~~ ). ... "1- f.~~\ 01 .CJI2 I-l" - ~ ~}.,. . ..\" ~ . ~~-~~=---II\~I -Y('... ""Tt=.....;::>-. '" ~ ;: oii;;........~.... , ORAl... .~~ ...."..' 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 ) . /!1"~ .. ~~"'TUCJr~~ ~~~i. '~'l Ii x---~t;: \~~\ ~~=-"AI\;: ('~ ""Tt=....=-..,. ~~ ,i o J9^ ........:. ~. ~ rORA1'" .~.... ........' 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 . d'''~ ~ ~p.."'TUCJr~"}.. ~~~ ~!(~L- ;\.~\ t-l" - . -~ ~}.,. . ..\ ~ ~ .,. ~~_~~I\~i - '(:> ""Tt=.....;::>- - .. ~ ;: o~p ..._~.,:#" ORAl... .~.... III.....' 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. ### . -?~~ h~~ ~~~ - ~y\ ol~ ~'C,2 ':~}"i ~~_~I\":i '(:>~ ""Tt=.....;::>-- ....~;: O~._~...., --ORAl'" .~ III....... 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. . /!1"~ .. ~~"'TUCJr~~ C];t~.. ~~ y'$ ~ 1 (II" 01 'CJI2 I- '"...; -J. ; . ., .., .. ~- -.- ..K ~~- - ~I ~('~ ""Tt=.....;::>-.;{c., ;: Ol/p........:.~...., ORAl'" .~~ III.....' 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." · ~~"'T~~ ~~ )- ..., "1- ~f :\Y\ of ~'C,2 I- ~ - -J. i " , . .....-=- . ~ ..K ~~ --/~I ~('~~ -...-;~;: O~.....;;~...., --ORAl'" .~ III....... 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; · /!1"~ r~~"'TUCJr~~ () ~~i. (f .... ;\~\ Ol~'CJI2 ':l~l.. i .\ ......-..a:~-,.1....;: ~~_\ ~~=-- 11\ ;: ,..('~ ""Tt=.....;::>-...,... ~ ;: o~^........:.~...., --ORA1......~~.... I..... 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. . /!1"~ . .. ~~"'TUCJr~> ~..p-~~ 'f~ :\Y \ 01 ~U1 2 I- """.CJI. ". =""1. I . , ." . S~'- ~:---/~"j ~('~~ -.-/.~.. o~.....:. ~."i' ORAl... .~y ......... 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 , ~..~ ~~~TUCJr;'~ ~r~ () "1-" f y\ O:~.lJI~ I .CJI;1 ':l", ~l.. i ..\ ----~~ .I",:~ ~~_\ :;;;s~=-- 11\;: - '(:>~ ""Tt=.....;::>- - .-/. ~ ;: o ~ ::-.......:. fi).... , ~~ORA1... .~.... ..........."..' 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 ~~~ ~~~ () C;\ ~f y~ .~ lJI~ OJ 'CJIS I- ~ -- ~J. i ~::'~~~I\::i .Y('~ ""Tt=.....;::>-. .. ~ ;: O~ _.-" ...~.. 'l'PORA1"~;"" ...."..' 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 . . .."~ ~~"'TUCJr~~ r~ () "1-" f y\ Ol~\'C,2 ':\~}.~ i ~~_\ ~~=--i.~J -'('.... ""Tt=.....;::>--/,,~ ;: o .9j;o.......:. ~....~.. ORAl... .~~ III.....' (508) 228- 7230 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. .. .."~ ~~"'TUCJr~ ;~~~\ ~{.~- Xt.~ ~l,,_ . ~ -Wi . , -.... ., ...~---::-=- -. - -- !..:~ ~\ ~~=- /.1\ ;: ('~ ""Tt=....=-.....,,~ ,! OIi>^........:.Q. ~ --ORAl'" .~.... III.....' 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. .. , . ~r~~"'';~~ hr~~ ~f _:-\Y os oll.~.~i~'C, i ':~J~i ~~_\~~I -'('.... ""Tt=.....;::>-. ....~;: O.9j;o.......~.... , ORA1....~~~ III..... 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 Ku\ d ~aAJ-. ~ \ qqD j1fL M; ftJ- (