Loading...
HomeMy WebLinkAbout1990-03-08 t:!""~ ~ ~ft.llTUCIr;~ ~~~~ fl. _ ~""'$ to[ .lJIi I- ". . -w- . ~- "I.' ~'j,~~~=--i~i -"''- --;"t:::..,..;::>-" .. ~ ~ o~.......~..... -$'" ..----ORA"" I~\'" ................- Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 MEETING MINUTES FOR MARCH 8. 1990 The meeting was called to order at 7:04 PM in the Large Group Instruction Room of the Nantucket High School. Present were Commissioners William Willet, Donald Visco, Henry Wasierski, Lee Dunn, and Granville Cranston. Also present were Ben McKelway Administrator and Bruce Perry, Secretary. The Commissioners were polled and voted unanimously to go into Executive Session to discuss litigation and approve minutes. ~ EXECUTIVE SESSION a. Litigation b. Approval of Minutes for January 25, 1990 The open session was reconvened at 7:55 PM. ~. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC NONE ~. PUBLIC HEARINGS 1. Old North Wharf - SE48-546 <42.3.1-225,29,30,32,33,34> Present were the applicants Edward and Alfred Sanford and Melissa Philbrick, counsel from Vaughan, Dale & Philbrick. Mr. Ed Sanford asks for a continuance of the hearing. Mr. John Moore, an abutter, states that he is frustrated with the actions of the applicant. Their counsel had requested that the hearing be continued to this meeting and now they have asked for another continuance. If they were going to continue, they could have had the courtesy to inform us in advance to save us the time and expense of attending the meeting. He further suggests that the application be denied and the process start over. Mr. Rich Bennett of Lang, Straus, Xifraras & Bullard representing a number of abutters, asks what the grounds would be for allowing a continuance. tf)""~ ~ ~ft.llTUCIrt'> ~~~~'J. If!. ._ ~.".\ to[ ~'C.l ':;.~,- - ~J'-. i \~- .~ ..." ~-s.. - ~A"';:: ~~ ~..,..;::>-' ....;,..1 ~......~..... ~~ ORA"" I~~ ......... Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 2 Mr. Willet responds that we are awaiting additional information on the project. Mr. Ed Sanford adds that they are not trying to delay the project but that they are in front of a lot of different boards and it is difficult to come down to one plan on which to do the studies. He adds that they are trying to get through the process. Mr. Visco adds that continuances cannot be avoided in a project such as this. Mr. Wasierski disagrees, commenting that the file should be closed and the project start anew when they are ready with a definite project. Mr. Willet responds that the Commission has agreed to work with the applicant in arriving at a decision. Mr. Sanford suggests a continuance of at least two months. He states that they might have some more information by then. Cheryl Creighton of the Nantucket Land Council comments that some of the required studies could be started even before the final plan has been decided. Mr. Sanford responds that he does not need to do studies in a plan that they might not end up constructing. Mr. Bennett reiterates that the hearing should be closed and allow the applicants to re-apply when they have a design that they want to build. He comments that there such a broad range of plans and possible designs that the modifications to the existing plan could not be considered minor. Mr. Dunn comments that he does not see the harm in waiting. Mr. Moore suggests that a realistic continuance date be established. To continue for only two months would not allow enough time to do the studies. ..~ ~ft.llTUCIr;~ r~ <> .-s,." f "J"\ ol~ ~ ~lJI 1 ':~j~i ~'j,-" ~~=--i~1 -....(''- --;"t:::""';::>-'/...~ ~ O~.......f;).""$" ORA"" I~~ ............. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 3 Mrs. Philbrick states that the plan that was submitted with the NOI is the plan before the Commission. It has been the applicant's position to keep the Commission informed throughout the process, she adds. The applicants wish to update the Commission in two months with some studies and information and then let the Commission decide at that time. Mr. McKelway asks if the studies are underway for the MEPA review. Mrs Philbrick responds that consultants have been retained and that they have developed a work schedule for the DEIR. Mr. Sanford adds that since the HDC denial in January, the studies have been put on hold. He adds that the DEIR will not be full-blown studies for each alternative. One alternative will be chosen and studied in depth but the other choices will be just discussed. MOTION: To continue the hearing until July 12, 1990 (the first meeting in July). Was made by Mr. Wasierski and seconded by Mr. Visco. Mr. Sanford comments that he does not have any problem with such a lengthy continuance and agrees to submit information to the Commission as it becomes available. VOTE IN FAVOR - Wasierski, Visco, Cranston OPPOSED - Dunn, Willet 2. Nancy Claflin - 35 Wauwinet Road - (20-34) MOTION: To close the hearing and issue an Order of Conditions was made and seconded. UNANIMOUS 3. Francis - 41 Dukes Road - NAN89-003 (56-327) Present for the applicant was Bob Emack of Nantucket Surveyors and Andrew Leddy, counsel. tf)""~ ~ ~ft.llTUCIr;~ ~~~~'J. ~f!. . \.".\ o[ ~lJI 1 I- o""q UI _ ;.~- ~:. , . \ ~_ ---~ - I ~ ~ ...\ ~-s,. i~1 ~('... --;"t:::..,..;::>-.;,.......~I o~.....:. f;). , ,,:!"ORA"" I~\'" ................ Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 4 Mr. Emack requests another field inspection to nail down the wetland boundary. He comments that there has been some discrepancy between his line and the line established by Dr. Dunwiddie. He wants to return to the site with Dr. Dunwiddie and walk along the entire wetland boundary. Mr. McKelway suggests a special day for this inspection due to the number of files to be inspected scheduled for the next inspection day. MOTION: To continue the hearing at the request of the applicant for an additional field inspection was made and seconded. UNANIMOUS 4. Gillies - 145 Wauwinet Road - SE48-574 ( 11-7 ) Present were Mr. and Mrs. Gillies, applicants; David Haines of Haines Hydrogeologic Consulting; Tom King of Milton Rowland Associates, designer and Andrew Leddy, counse I . Mr. Haines comments that he had submitted a letter to the Commission's office earlier in response to some of the Commissioners' questions at the last meeting. He adds that the letter delineates factors that were considered in raising the house six feet. One primary factor, he states, is to eliminate the need for annual maintenance and excavation around the house. By raising the house to this height, the house will be out of the dune, maintain the ridge height with the adjacent houses, and hopefully eliminate the need for annual excavation. Ms. Cheryl Creighton, of the Nantucket Land Council, asks if there going to be only one access to the dune from the decks. Mr. Haines responds that there will be railings around the walkways to keep people off the dune and there will be only one opening in the front of the house. He adds that the Order Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 5 of Conditions could require a walkway over the dune if the Commission requests. Mr. Wasierski asks how the dune is being protected from the north or northwest winds. Mr. Haines responds that the protection will come from the fencing underneath the house that crosses and provides an irregular pattern. This will allow for a portion of the fencing to be always perpendicular to the wind flow. Mr. Wasierski comments that a heavy wind from the west or northwest combined with a high house could cause the dune to migrate towards the beach instead of landward. Mr. Haines counters by stating that there is a well- established plant community that will block the wind at the ground level. Mr. Nelson Jones, Wauwinet resident, comments that the work is going to create a problem no matter to what height the house is raised. He adds that every effort should be made to minimize the human causes of damage. Mr. Haines responds that blowouts will occur naturally and that the use of the clay underneath the house and the proposed fencing should mitigate the human effects. He adds that raising the house to this height will eliminate the need for annual excavation even if the dune were to increase in height in the future. Mr. Leddy states that the replacement of the septic system is an emergency situation; the raising of the house is necessary for the building to survive; the most controversial aspect is the relocation of the garage and construction of the apartment. He asks that the Commission accept his request for withdrawal of the relocation and reconstruction of the garage without prejudice. He adds that project as amended will not increase the floor space of the existing structure. The applicants do not want the replacement of the septic system to be held up by possible appeals of the garage relocation aspect of the project, he explained. .~~, L<>~~~ ~f!._ ~""'$ ol~\'C.i I-~j'. i ~~~A.~J (''- --;"t:::..,..::::J-" .........~ 1 (> ij::o--.....;. n.. , ,,:!"ORA"" V.~\'" ~.............., Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 6 Mrs. Melissa Philbrick, representing some of the abutters, agrees that the relocation is the most controversial part of the project. She asks if the applicants have a plan showing the amended project. Mr. King submits a revised plan that shows no work being done to the garage, no additional floor space for the house, no change in the driveway location, and the new decks proposed. MOTION: To close the hearing and draft an Order of Conditions was made and seconded. Mrs. Philbrick comments that the Gillies had written a letter on March 5 to the neighbors asking for comments. There has not been sufficient time for them to respond to the letter. VOTE: UNANIMOUS 5. Bewkes - 100 & 102 Wauwinet Road SE48-577 (11- 24.1 & 24.2) Commissioner Lee Dunn abstains from the discussion and leaves the room. Present were the applicants Mr. and Mrs. E Garrett Bewkes, Ted Tillotson counsel, John Shugrue agent. Mr. Bewkes states that he appreciates the efforts of the Chairman, who has attempted to find alternative routes for the driveway that will have less impact on the wetlands. Mr. Willet comments that he would like to place the property on the next field inspections to see the alternate location of the driveway. Mr. Shugrue states that he has marked a new location with yellow flags. This location would require a wetland crossing of 10 - 12 feet, 200 - 220 square feet of wetland being filled, 40 cubic yards of fill required, he explains. Mr. Bewkes submits a letter to him from abutter John Horgan concerning the use of Horgan's driveway as a means of access .?'T~~ L<>~~ ~f/.. __ ~~\ ~(~i!"i .\~J.i ~'j,_~I\".i -",,---;"t:::..,..;::>-o..,/4, ~ O~......f;).':.$"'" ORA"" I""" ......... Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 7 to the property both temporarily and permanently, which Mr. Horgan will not allow. Mr. McKelway reads the letter and points out that it refers to the whole driveway. He asks Mr. Bewkes if Mr. Horgan also objects to starting out on his driveway for just 50 feet or so to avoid some of the wetland and then branching off to the left. Mr. Bewkes says Mr. Horgan would object to such use. Nelson Jones confirms that this is Mr. Horgan's position. Mr. McKelway states that a clear delineation of the entire wetland boundary needs to be done and marked on the plan. This will help in future references to the project and hopefully avoid the confusion that has arisen with other cases in the past, he adds. Mr. Shugrue comments that the driveway will be made out of pervious materials and organic material will be dug out and removed to allow drainage. MOTION: To continue the hearing for an additional field inspection of the entire wetland boundary, viewing of the swale to be filled in, flagging of the proposed driveway, proposed house location and additional plan showing the wetland boundary and the driveway location was made and seconded. UNANIMOUS 6. Mullen - 20 Western Ave - SE48-576 (87-74) Present for the applicant was John Shugrue. Mr. McKelway reports that the office has received word that the Mass. Heritage Program has requested more information on the project from John Shugrue, who did not send the program the Notice of Intent when he sent the Appendix A form. He says the waiting period for word on rare species impact has elapsed; the Commission is no longer required to hold off on issuing the Order. ~.."~ ~ft.~TUCIrt'~ ~~l- <> .-s,,,, f .".\ tol~ ~'C.l I-\.~f' ,- ..\~-- - ~/::~ ~'j,_.. ~~ ~ -"''- --;"t:::..,..;::>-"...... ~ ~ o~."":'f;).""$" ,,:::ORA""..~~ ---........ Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 8 Mr. Shugrue states that the project is away from the beach where the birds might nest and if the project could go forward quickly then it would be completed before the birds start nesting. MOTION: To close the hearing and draft an order of conditions was made and seconded. Mr. Visco abstains and all other Commissioners in favor. 7. David - 6 Old Quidnet Milk Route - SE48-582 (20-8.7) MOTION: To close the hearing and draft an Order of Conditions was made and seconded. UNANIMOUS 8. Hartick - 31 Baxter Road - (49.2.3-8) MOTION: To continue the hearing for more information that was requested at the last meeting, a DEP file number and the lack of representation was made and seconded. UNANIMOUS 9. Shapiro - 57 Pocomo Road - SE48-580 (15-16) Mr. Dunn abstains from the discussion and the vote. Present for the applicant was Bob Emack of Nantucket Surveyors. MOTION: To close the hearing and draft an Order of Conditions was made and seconded. UNANIMOUS 10.Baker - 8 Long Pond Drive - SE48-581 (59-25) Present for the applicant was Glen Wills of Nantucket Surveyors. ~..~ ""ft.~TUCIr;~ ~~~-s,." ~~" . \~\ 01. lUl! 1-., -r. :K~.;: - Iii '\.-1-~,---;"t:::..,..;::>-"..;. ~ ~ ,p~.......f;).""$" ,,-~ORA"" .~~ ~~........, Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 9 Mr. McKelway states that the applicant had brushcut the lot including some of the wetland. Rather than pursue other enforcement measures, the office had written to him and requested that he file a NOI after the fact. He said the brushcutting was done by Bruce Poor. Mr. Willet reads the inspection report. Mr. Wills comments that the septic system will be outside the 100-foot buffer to a wetland and a siltation fence will be erected outside the 25-foot undisturbed buffer before any work starts. The wetland vegetation toward the pond from the 25- foot buffer line will be allowed to grow back, he added. MOTION: To close the hearing and draft an Order of Conditions was made and seconded. UNANIMOUS 11.Lewis - 52 Tennessee Ave. - (59.4-95) Present were the applicant Chris Lewis and Leo Asadoorian of Hart and Blackwell Surveyors. Mr. Visco abstains from the discussion. Mr. Willet reads the inspection report. Mr. Asadoorian explains the proposed work. There are planned a 10 x 12 foot addition to the house, a 14 x 20 foot second story addition, the garage is being relocated further away from the wetlands and will have a new second floor studio and the house will be raised to the 8-foot floodplain elevation (approximately 8 - 10"), he states. Mr. Wasierski comments that he is pleased that the applicant incorporated some of the suggested changes that were mentioned at the field inspections. Mr. Asadoorian adds that the actual footprint of the garage is larger because of the HDC requirement that the stairway to the studio be inside the structure and that the driveway will be altered slightly to reach the garage door. .?'T~~~ L<>~~~ ~fI. __ ;\"J" '$ o[~:'C.i I- ". . - \; - '--- _ f., . ..\~- - ~ I.""..~ ~'j,-~~~;:: -'" --;"t:::..,..;::>-" .. ~ ~ o~p .....~.....-$... "....-ORA,... .~~ ................ Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 10 Mr. Dunn comments that it looks like a net improvement over the existing situation. MOTION: To close the hearing and draft an Order of Conditions was made and seconded. ALL VOTING IN FAVOR c. REGULAR MEETING 1. REQUEST FOR DETERMINATION a. Town of Nantucket - Town Pier Pumpout - (42.2.3-2) MOTION: To pass over the request due to lack of representation and proof of proper abutter notification was made and seconded. UNANIMOUS b. Schnetzler - Eel Point Road - (32-22) Present was the applicant Mrs. Marie Schnetzler. Mr. Willet reads the inspection report which comments that the brushcutting should be allowed but clearly marked to prevent excessive cutting. The report recommends conditions requiring a NOI if any other work is proposed for the pathway. Mrs. Schnetzler states that the drive that she is presently using is not on her property and this work would allow her to stay off that property. MOTION: To issue a negative determination ( # 2 ) with the condition that if any other work is proposed or additional use for the area, a NOI would have to be filed before the work is done. Made and seconded. UNANIMOUS c. Poor - 17 Lauretta Lane - (14-10.2) 1f}~:TU~~ ~~~'J. ft. _ ~"J"\ ,0[~~~lJIl I- ~~ ~jri ~~~~~~~i -....('~--;"t:::..,..;::>-..A~ ~ o~" .........f;).....-$... rORA"" .~\... ......... Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 11 Present for the applicant was Milton Rowland of Milton Rowland Associates, designer. Mr. Willet reads the inspection report which comments that the applicant has proposed some changes to the filed project. Mr. Rowland submits a revised plan showing the changes. He explains that the revised project calls for a solid foundation underneath the entire building, raising the roof, and adding dormers and a new deck. The structure will not be demolished but renovated, he states. Mr. McKelway states that these changes are not part of the initial filing. Mr. Dunn comments that the proposal is for serious work at the top of a bank surrounded by harbor and marshlands. Mr. Wasierski suggests that the building be moved back 10- 15 feet from the bank while they have it jacked up. Mr. Dunn recommends that it is appropriate a NOI be filed in light the additional work that is now being proposed (excavation of the foundation within 10 feet of the bank). He adds that the NOI would provide increased protection to the area. MOTION: To issue a positive determination for the project and require a NOI be filed before any work commences was made and seconded. UNANIMOUS 2. ORDERS OF CONDITIONS a. David - 6 Old Quidnet Milk Route - SE48-582 (20-8.7) MOTION: To issue the Order at the next meeting when the applicant will be present was made and seconded. UNANIMOUS b. Shapiro - 57 Pocomo Road - SE48-580 (15-16) Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 12 Present was Bob Emack of Nantucket Surveyors. Mr. McKelway reads some changes to the draft as suggested by the applicant's counsel, such as adding the condition that this Order is substituted for SE48-88 that was issued in 1979 and pesticides be allowed more than 100 feet from the top of the bank. Mr. Emack states that Condition #4 is unnecessary because there are no drainage structures proposed. After some minor discussion the consensus of the Commission was to leave the Condition in the Order. MOTION: To issue as amended was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS ROBERT S. & LOIS K. SHAPIRO DEP FILE NUMBER SE48 - 580 ASSESSOR'S MAP 15, PARCEL 16 57 POCOMO ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) 3. 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. 4. The applicant, owners, successors or assignees shall be responsible for maintaining anyon-site drainage structures and outfalls, assuring the lasting integrity of vegetative ..."~ ~ft.llTUCIr':~ r~ <> .-s,,,, f ~\ ~(~i~! .~/~' ~'j,_.. ~~=--/~i -....(''- --;"t:::..,..;::>-- .. ~ ~ 0;:0......_..... ..... $" "~ORA,."~.~~ -............,... Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 13 cover on the site, and monitoring site activities so as to prevent erosion, siltation, sedimentation, chemical contamination or other detrimental impact to the pertinent resource areas. It shall be the responsibility of the property owner of record to see that the maintenance conditions are complied with as required by this order. 5. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 6. There must be at least a 40-foot natural, undisturbed buffer zone landward of the coastal bank. 7. The use of pesticides or fertilizers within 100 feet of the coastal bank and more than 15 feet from the house is prohibited. 8. This Order is issued in substitution for a previous Order granted for File No. SE48-88. 9. No coastal engineering structure of any kind shall be permitted on the property in the future to protect the project allowed by this Order. Section 310 CMR 10.30 (3) of the Wetlands Regulations, promulgated under MGL Chapter 131, Section 40, requires that no coastal engineering structure, such as bulkhead, revetment, or seawall, shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. ### c. Nancy Claflin - 35 Wauwinet Road - SE48-584 (20-34) MOTION: To issue the Order of Conditions as drafted was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS NANCY A. CLAFLIN DEP FILE NUMBER SE48 - 584 ASSESSOR'S MAP 20, PARCEL 34 ..~ ~ft.llTUCIr;~ ~)- <> . -s, " f "J"'" o[~;'C.i I-\,,~. ..\~~~}:i ~'j,-.. ~~=--.l~i -....('~ ...:rc:...,..;::>-"/...~ ~ o~.-:"f;).""-$" ".....-ORA,... .~~ -................ Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 14 35 Wauwinet Road UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) 3. This project shall be carried out in accordance with the five- point plan entitled "Claflin Pond," received by the Commission February 8, 1990. Spoils must be deposited at least 25 feet from the edge of the pond and spread out. 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 wetland. It shall be the responsibility of the property owner of record to see that these 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 responsibly off the site. No on-site disposal of these items is allowed. tf)""~ ~ ~J>.llTUCIr;~ ~~~'J. ~ft _ ~"J"\ 'pl~\'C.l \,=~J.~i ~'j,-" ~~=--/~I -....('... --;"t:::..,..;::>-" ..~ ~ Oi;::-.......~..... $" '-ORA"" *~\... ......... Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 15 8. Any refuse material found on the site shall be disposed of at an approved landfill and in no case will these materials be buried or disposed of in or near a wetland. 9. This Order of Conditions shall apply to any successor in interest or successor in control of the property. ### d. Mullen - 20 Western Ave - SE48-576 (87-74) MOTION: To issue the Order of Conditions as drafted was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS JAMES E. MULLEN DEP FILE NUMBER SE48 - 576 ASSESSOR'S MAP 87, PARCEL 74 20 WESTERN AVENUE UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) 3. Upon completion of the project, the disturbed area shall be revegetated with Rugosa rose, beach grass, and/or other plants native to the vicinity. 4. The old wastewater tank shall be pumped out and filled with sand. 5. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at all, the completed plan differs from the final approved plan. The as-built plan shall include, but not be limited to, the following: any pipe/culvert inverts for inflow and outfalls; pipe slope, size and composition; location of other drainage structures and ..-..'''"~ ,..~~llTUCIr.~ l~)o <> .-s,,,, If \"J"'" tol~ :'C.i ':i~j:i \ ~ -. - ....~ ~'j,_.. ~J\, ~ -"'... --;"t:::..,..;::>-" ..... ~ ~ O~."."":;f;).""$" ,,:!"ORA"" ..~ ............,... Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 16 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. 6. 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. 7. The applicant, owners, successors or assignees shall be responsible for maintaining anyon-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. 8. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 9. 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. 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. ..........."~ ""ft.~TUCIr;~ J:.<>~~~", ~~!. - ~"J"'" ol~:lJIi ':~JI~i ......,- - - -..:~ ~'j,~" ~II.;:: -....('~ --;"t:::..,..;::>-",.,..., ~ ~ o~p ........;,f;).....$" "~ORA,... ..~~ ............. Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 17 12. 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) 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. 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. ### 3. CERTIFICATE OF COMPLIANCE a. Flamm - 43 Squam Road - SE48-451 (13-24) Present for the applicant was Melissa Philbrick of Vaughan, Dale & Philbrick, counsel. Mr. Willet reads the latest inspection report for the property, which suggests some minor changes to the exterior of the addition and a fine for such an obvious violation. ~ ~ft.llTUCIrt" ~~~~ f!. _ ~\ o l1...-......... ~ ~ 'C.l I-\~f.. i ..\~~/..:~ ~'j,-\ ~~=-- I~ ~ -"'~ --;"t:::..,..;::>-"/...~I o~.......f;). , ,,~-ORA"".~~~ ............." Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 18 Mrs. Philbrick submits a revegetation plan. She states that her client has agreed not to construct any further structures on the lot, move the outside shower, remove the decks leading up to the shower and bring the vegetation up to the house to prevent casual use of the area. She also states that it would not be appropriate to issue a Certificate of Compliance at this time because the project is not in compliance with the Order. She suggests that a minor modification request would be appropriate. Mr. Dunn responds that he is not comfortable with these minor changes. The record is very specific and the Order of Conditions is clear as to the wishes of the Commission, he adds. He states that the addition is too close to the wetlands and that it is not incumbent on the Commission to make suggestions how to rectify the situation. It would be setting a terrible precedent to smooth this over, he said. Mrs. Philbrick states that a conservation restriction would not work on this small lot, there are already two dwellings on the lot connected by decks. She reads and submits a letter from Ellen Flamm. Mr. McKelway reads Section 136-10(A) of the Nantucket Wetlands Bylaw, which states: "Any person who violates any provision of this chapter or of any condition of a permit issued pursuant to it shall be punished by a fine..." (emphasis added). Mrs. Philbrick responds that if the Commission is going to enforce the "shall" of the Bylaw, then it needs to rethink its policy. She adds that there were at least three cases before the Commission tonight that could have been fined under a strict reading of this section of the Bylaw. Mr. Visco states that this Commission's duty is not to punish people. He adds that the effects of the violation on the wetland are minimal. The violation will not result in a devastating effect on a pristine wetland. Mr. Wasierski voices concern that other people in the community may get the message that it is OK not to follow an Order of Conditions. ~..~ ~ft.~TUCIr;'- l~~~~ ~f!._ ;\"J" ." 01~~ ~lJIi ':\~- ~J;~ i .\ ---=- - . -...:J: p_\ ~"';It ,....('..... -T<-=..,..;::>-" /...~ ~ ~')~."";;f;).""-$'" '-ORA"" .~\... .....,... Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 19 Mr. McKelway points out that a violation of the Order of Conditions is a violation in and of itself, regardless of the effect on wetlands. Ms. Cheryl Creighton of the Nantucket Land Council comments that the Commission needs to come up with some policy in this area. She adds that the Commission has not historically fined people for violations. To do so in this instance would set a precedent. Mrs. Philbrick comments that her client is trying to find some remedies to the situation. One problem, she adds, is that no plan is attached to an Order of Conditions. Mr. Willet says it looks as if the Commission is not going to come to a conclusion tonight as to how to handle the matter. MOTION: To continue the discussion until the next meeting for additional information was made and seconded. UNANIMOUS b. Bewkes - 13 Crow's Nest Way - SE48-98 (12-19) Mr. McKelway states that this request was withdrawn by the applicant's agent. 4. OTHER BUSINESS a. Airport Commission - Fuel Pipeline - late filing FEIR Mr. McKelway states that the Commission has received a copy of a letter from Joe Forns to MEPA asking for an extension to their filing deadline of March 1. MOTION: To send a letter to the Airport Commission allowing the extension from the ongoing condition in the Certificate of Compliance was made and seconded. UNANIMOUS ..."~ ~~llTUCIrt" r~ ~~-s,'''' ~ "J"'" 0Ii"~ lJI- 01 .U11 ':;.~>- ~f.. i \.........~~/ ... ~'j,\ ~~=-- i~1 -",~--;"t:::""';::>-"/i~ ~ o ~^ .......... f;)..... -$'" ,,:!"ORA"" .~\... -................ Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 20 b. Valentine Realty Trust - wetlands violation Present was Larry Maury Mr. Maury states that in 1986 he received a determination from Nantucket Surveyors that there were no wetland on the property. Also, there was the Commission's referral in November 1986 to the Planning Board stating the same thing. He adds that the depression was caused by an old foundation at the site, the barn for the fish farm, there is a thin layer of clay that holds water for a short amount of time. He states that the wetland in question does not qualify even under the local standards ber.ause water is not present for long enough period of time. He said he was not told about the wetland last October, when the Commission sent a letter about it to the Planning Board as part of the review of Cedar Crest II. Mr. Visco states that he remembers when the fish barn stood on the site. He comments that this is not a true or significant wetland. Mr. Willet states that Mr. Maury had been misdirected early on in the process and suggests that some changes should be made to the letter that is used in the Planning board referrals. Mr. McKelway states that the wetland was a bona fide wetland under the local Bylaw and that land does not have to be wet all the time to be a wetland. He reminds the Commission that this wetland was documented by a scientist hired by Ceder Crest II for their recent Request for Determination. He pleads for at least a token fine in order to cultivate respect for the Commission and for wetlands. This is civil law, he explains; there is no need to prove willfulness, and ignorance is not a valid excuse. Mr. Cranston, addressing Mr. McKelway, says, "You have the word 'fine' written on your forehead tonight!" Mr. Willet says he does not feel this is the case to take a stand on. ~"'llT~'- ~~ ~:'\ . -s, '" ~f.~\~\ 01 'U1;1 I-X _:.. ~j'. i ~~_~~'i -....,,'-...:r<:=..,..;::>-./...~I o~...... ft. , "1'PORA"" V.~~\'" ......... Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 21 MOTION: That no further action be taken in the matter was made and seconded. UNANIMOUS Mr. McKelway asks Mr. Maury if Valentine Realty Trust is the owner of the lot where the filling took place and if he is the Trustee. He confirms both points. Mr. McKelway reminds the Commissioners that they issued a positive Determination to Ceder Crest II for the lots within 100 feet of the wetland, even though it had already been filled in by then, because the general feeling seemed to be that Mr. Maury would be required to restore the wetland. Mr. Dunn said the Commission will now have to rescind that Determination, and other Commissioners concurred. c. First Winthrop : Pesticide program discussion Present for the applicant was Dale Taylor, Grounds Manager. Mr. McKelway comments that the area is close to the harbor and that he is not convinced that any pesticides should be used there. A "better safe than sorry" approach may be the best, he said. Mr. Taylor states that he is comfortable with the four chemicals that he wants to use, and that they would be applied carefully, but if the Commission recommends not using some, then he will not use them. He reiterates that the use will be only in extreme circumstances and not unless needed. Mr. Dunn suggests that KOG weed control be used but suggests that the others not be used, due to either the lack of information on their effects or to documented harmful effects on marine and aquatic animals. Mr. Wasierski says the memo from Mr. McKelway summarizing the effects of each chemical was well written. tI'''~ ~~ft.llTUCIr;~ ~~~~'J. f!. .. ~"J"'" tOl~~'C.i 1-" 'S5..- .~~~l~' ~'j,-" ~~=--i~1 -"''- -;'0.::..,..;::>-"....-; ~ ~ o~.......f;).""$" "ORA""..~\" ........ Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 22 After further discussion, Mr. Taylor states that he would like to use Bayleton, a fungicide, in addition to KOG herbicide. MOTION: To allow KOG weed control and Bayleton to be used in the grounds management program from April 1, 1990, to April 1, 1991, was made and seconded. UNANIMOUS d. Junk Cars - discussion Mr. McKelway states that an individual has been arraigned for criminally violating the zoning bylaw concerning junk cars, with a pre-trial conference set for March 12th. The action was apparently the result of a number of letters and complaints from the neighbors to the police and zoning officers. He asked if the Commission would like him to try to attend the pre-trial conference or to write a letter urging that the matter go to trial. Mr. Willet said he should only monitor the situation and report back to the Commission. e. Maxcy Pond - street light for skating - draft letter Mr. McKelway states that the Board of Selectmen have conditionally approved the light, subject to the Commission's approval of conditions. He adds that Ann Connors, the Director of the Parks and Recreation Commission, is willing to write a letter to the Commission containing whatever conditions are necessary. MOTION: To allow the light under the following conditions: 1.) The on-off switch is out of reach. 2.) The light will be used only between December 1 and March 1 of any year. 3.) If possible, a timer be placed on the light to shut it off after midnight. Made and seconded. UNANIMOUS '" ~ .. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes March 8, 1990 Page 23 f. Lehman SE48-430 (54-51) Minor Mod and Extension Permit Mr. McKelway states that this request was submitted at the last minute and that he has not had time to visit the site. He adds that there was a previous problem with the siltation fence and erosion control at the property. The applicant's counsel wanted this to come before the Commission and have the property inspected at the next field inspection. Melissa Philbrick, representing the new owners of the property, Mr. & Mrs. Arthur J. Kobacker, explains that she just wanted to know what the Commission needs to make a decision at the next meeting. She offers to submit an overlay plan showing the difference between the previously approved footprint and the proposed footprint. Mr. Willet indicated he was familiar with the site and that such an overlay plan would be a good idea. 5. CORRESPONDENCE 6. MINUTES: for February 8, 22, 1990 Mr. Perry requests that Chip Hart be replaced by Jeff Blackwell in the February 22 minutes. MOTION: To approve the minutes for February 8 and 22 as amended was made and seconded. UNANIMOUS 7. BILLS TO BE PAID 8. FIELD INSPECTIONS - Monday, March 19, 1990 at 4:00 PM The meeting was adjourned at approximately 10:50 p.m. Md (rl~l 2-ql (Q90 j~ ~-tr;Wv- GI~u~