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~