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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
MEETING MINUTES FOR M~RCH 22. 1990
The meeting was called to order at 7:02 PM in the Large Group
Instruction Room of the Nantucket High School. Present were
Commissioners Peter Dunwiddie, Carl Borchert, Donald Visco, Henry
Wasierski, Lee Dunn. Also present were Ben McKelway,
Administrator and Bruce Perry, Secretary.
The Commissioners were individually polled and voted
unanimously to go into executive session to discuss litigation
and approve the minutes.
~ EXECUTIVE SESSION
a. Litigation
b. Approval of Minutes for March 8, 1990
The open session was reconvened at 7:53 PM.
~. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC
NONE
~. PUBLIC HEARINGS
1. David Jay - Quaise Pasture Road - (26-20.3)
Present for the applicant was Melissa Philbrick,
counse 1 .
Mr. McKelway comments that the applicant has requested a
continuance until May.
MOTION: To continue the hearing until May 3 meeting was
made and seconded.
UNANIMOUS
2. Francis - 41 Dukes Road - NAN89-003 (56-327)
Present for the applicant was Bob Emack of Nantucket
Surveyors.
Dr. Dunwiddie states that he and Mr. Emack had been to the
property and agreed on a re-flagging of the wetland boundary.
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 2
Mr. Emack states that he has plotted the flags on the map
but does not have the plan ready. He asks that the hearing be
continued until the next meeting when he expects to have more
information. He also states that he expects to have the State
NOI for this lot and the other lot ready for the next m2eting.
MOTION: To continue the hearing at the request of the
applicant and for more information was made and second.
UNANIMOUS
3. Bewkes - 100 & 102 Wauwinet Road SE48-577 (11- 24.1 & 24.2)
Mr. Dunn abstained from the discussion.
There was no representative present.
Mr. McKelway states that Mr. Bewkes' agent John Shugrue has
asked that the hearing be continued due to his ill health.
MOTION: To continue the hearing at the request of the
applicant and for additional information on the road layout
and a wetland boundary plan was made and seconded.
UNANIMOUS
4. Hartick - 31 Baxter Road - (49.2.3-8)
Present for the applicant was David Wiley.
Dr. Dunwiddie commented that a plan of the stairs had been
submitted to the office.
Mr. McKelway comments that the stairs seem high in some
spots.
Mr. Wiley responds that the lowest point of the landings are
at three feet as the Commission usually requires. He adds that
he would be willing to work with the Commission and the terrain
to get it lower.
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 3
Mr. Borchert suggests that for this stairway only that the
minimum height could be lowered to two feet at the landings so
that the average height is approximately three feet.
Dr. Dunwiddie states that 18 inches might be possible.
Mr. Wiley states that he will do what the Commission wants
and make the closest vertical distance between the stairs and
the ground be 18 inches.
Mr. Borchert reiterates that the intent is to have the
stairs average two feet above the bank.
MOTION: To continue the hearing for a file number was
made and seconded.
UNANIMOUS
* 5. Santa Rita Trust - Polpis Road SE48-585 (26-22.1,22.4)
Both Commissioners Donald Visco and Lee Dunn abstain
from the discussion and vote.
Present for the applicant were Randy Sharp, Melissa
Philbrick counsel, Jeff Blackwell surveyor.
Mr. McKelway states that the Commission needs to decide if
the fee submitted is sufficient. In discussions with DEP they
commented they have suggested that the project could be
considered as two separate projects and the fees charged
accordingly.
Dr. Dunwiddie comments that the catwalks are related and
should be considered as one project.
MOTION: To approve the fee submitted was made and
seconded.
UNANIMOUS
Dr. Dunwiddie reads the inspection report.
astonishing," he says.
"The scale is
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 4
Mr. Borchert asks why the proposal is not for footpaths
across the upland areas to get to the second catwalk? "We're
supposed to be protecting marshes," he tells Mr. Sharp.
Mr. Sharp responds that this would require a lot of brush
cutting of the lot and that people from lot 24 would have to
cross another lot. He states that this method would be less
intrusive than one catwalk directly across the marsh.
Mr. Blackwell adds that the catwalks are joined by a long
stretch of upland path.
Dr. Dunwiddie states that he has difficulty accepting the
project as proposed. The impact on the marsh is far greater
than anything proposed in the subdivision thus far, it will be
elevated three feet, cross hundreds of feet of marsh and be
highly visible from every direction, he adds. This is the case
where one NOI feeds on another, he continues, if this had come
in with the original NOI, the entire project would have been
looked at in a different light. The scale of this project is
comparable to a public nature center, he says, adding that if
Mr. Sharp wants to build it he might as well let the public use
it.
Mr. McKelway points out that the Conservation Restriction
and the deed restriction approved by the Commission as part of
the Order of Conditions for all five lots both state that
access to the harbor shall be from Lot 20, not Lot 21 as
presently proposed.
Mrs. Philbrick states that the reason that the harbor access
is not going through lot 20 is to shorten the length of the
catwalk.
Mr. Borchert states that he thought that there would be one
catwalk for all the lots. He requests that a topographic map be
made for the entire parcel and suggests that the applicant find
a way to use footpaths across upland areas to get to the harbor
access.
Ms. Cheryl Creighton, of the Nantucket Land Council,
comments that it is her understanding that the intent of the
project is to minimize the effects on the marsh and consolidate
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Town of Nantucket
Conservation Commission
(SOb) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 5
access to the harbor and waters. However, she adds, the
catwalks are extensive for a small area and limited use. She,
too, suggests the use of upland footpaths to get to the harbor
access.
Mr. Sharp comments that four out of the five lots will use
the longer catwalk and that the pier is not that far out into
the harbor.
Mr. Wasierski asks how long the pier and float are?
Mr. McKelway responds that the pier is 45 feet long and the
floats dimensions are 8 feet by 24 feet.
Mr. Wasierski asks about the pier moratorium passed by Town
Meeting and its effect on this project?
Mr. McKelway comments that he has talked with Steve Butler
in the Building Department and he commented that there is a
good chance that this subdivision is exempt. The moratorium was
passed as a an amendment to the zoning By-laws, he continues.
State law allows subdivision's zoning to be frozen for three
years after the plan is endorsed by the Planning Board. Since
the subdivision was approved before the by-law changed, then it
could be exempt, he concludes.
Mr. Borchert reiterates that he would like to see a
topographic map for the entire property and a different way to
get to the harbor. He adds that as proposed the project as
proposed is unfair to the marsh and to the view of the marsh.
Speaking to Mr. Sharp, he says, "You wouldn't believe the
comments we're getting on the bridges. Now you want us to
approve this? We'll be tarred and feathered."
"This is going to show up like a sore thumb from Polpis
Harbor," says Henry Wasierski.
Mr. Sharp comments that the end user of lot 24 will probably
walk the straightest route across the marsh if the catwalks are
not present.
Dr. Dunwiddie responds that walking on the marsh, even if
loose planks are put down, will not do the damage that these
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 6
catwalks will do. He adds that the overall impact of the
project, including the leaching of the chemicals in the wood
and the effects to wildlife that uses the edge of the marsh
will be detrimental.
Mr. Borchert suggests that alternate routes through the
brush not be cut until the topographic map is drawn up. He adds
that not much can be seen until it is cut but the map is needed
to choose the high areas.
Mr. McKelway asks the applicant to further describe "jetting
in" of the posts for the pier.
Mr. Blackwell explains that this method would be the least
disruptive to the area. He adds that the piles in the water are
longer (16 feet) and larger (6x6) than the posts for the
catwalks due to ice action.
Mr. McKelway asks that if the project is approved for lot 21
as being the harbor access, how can the conservation
restriction be amended?
Mrs. Philbrick responds that an amended restriction can be
recorded in conjunction with the Commission and the 30-year
deed restriction already in place can also be changed.
Mr. McKelway states that if this project were to be
approved, a condition could be that the perpetual conservation
restriction be completed and recorded on the deeds.
Mrs. Philbrick responds that the draft wording is on her
computer and she hopes to have it finished next week.
MOTION: To continue the hearing at the request of the
applicant and for the receipt of a topographic map of the
entire property and suggestion for alternate access to the
water. Was made and seconded
Voting in favor: Borchert, Wasierski, Dunwiddie
All others abstained from the discussion and vote.
* 6. Land Bank - Miacomet Golf Course - NAN90-005 (66-67)
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Town of Nantucket
Conservation Commission
(506) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 7
Both Commissioners Donald Visco and Carl Borchert
abstained from the discussion and vote.
Present for the applicant were Andrea Stevens, Resource
Planner and Tom Kerr, Greens Keeper.
Dr. Dunwiddie reads the inspection report, adding tha~ the
"grass" on the bottom of the pond is a wetland plant.
Mr. Kerr states that the intent is to make the pond
presentable. He states that last year there was an attempt to
raise the level of the water but the water leaked out. The
water in the pond is ground water. He adds that the proposal is
to regrade the sides so that they are not so steep, lay down a
plastic liner, cover it with four to six inches of clay and
bring the water level up to the fairway level.
Ms. Stevens comments that the pond was dug in 1964.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
In favor: Dunn, Wasierski, Dunwiddie
~. REGULAR MEETING
1. REQUEST FOR DETERMINATION
a. Town of Nantucket - Town Pier Pumpout - (42.2.3-2)
Present was George Rezendes, Marine Superintendent.
Mr. Rezendes states that the project will not go forward
this year due to the lack of funding. The low bidder for the
project is planning to withdraw his bid and there is not enough
funding to pay the next bidder. He adds that his money
articles for Town Meeting were lost and not included in the
warrant. To construct a closed system will require that the
tank be put across the street and will cost an additional $ 8-
10,000. He suggests that it might be best that he withdraw his
application. He also asks if he could use the Commission's
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 8
letter stating a preference for a closed system in front of
other boards.
Mr. Borchert states that the recommendation for a closed
system is only if access to the Town sewer was unavailable.
Mr. Wasierski suggests that the tank might be outside our
jurisdiction.
Mr. Visco states that the most environmentally safe way to
handle the pumpout sewage is to the into the Town line. He adds
that the flows will not be any greater than the flows from a
three-bedroom house.
Mr. Rezendes comments that he has not had sewage back up
into the restrooms at the Marine Department office in the eight
years that he has been there.
MOTION: To issue a negative Determination commenting
that the work is within a resource area but will not alter
was made and seconded.
UNANIMOUS
2. ORDERS OF CONDITIONS
a. David - 6 Old Quidnet Milk Route - (20-8.7)
MOTION: To issue the Order of Conditions as drafted was
made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
THOMAS J. DAVID
DEQE FILE NUMBER SE48 - 582
ASSESSOR'S MAP 20, PARCEL 8.7
6 QUIDNET MILK ROUTE
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 9
( CHAPTER 136 )
3. Prior to any activity at the site, a siltation fence or a
line of haybales shall be staked between the project site
and the wetland boundary, at least 25 feet uphill from the
wetland boundary. The siltation fence or haybale line,
erected to prevent siltation of the wetland during
construction, will also serve as a limit of activity for
work crews. It 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. The addition is to be centered on the western end of the
existing house, extending no more than 8 feet to the north
from the existing house. The overall footprint of the
addition shall be no more than 16 feet by 32 feet, including
decks and overhangs.
5. The existing topography shall be retained to the maximum
extent possible.
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 anyon-site or
off-site resource area. 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.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 10
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. Dust control, if required, shall be limited to water. No
salts or other wetting agents shall be used.
11. Any refuse material found on the site shall be disposed of
at an approved landfill and in no case may these materials
be buried or disposed of in or near a wetland.
12. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
13. In all cases, no part of any structure, including decks, may
be closer than 50 feet from the wetland boundary.
14. Natural vegetation between the wetland edge and the project
site shall be left intact except where it is necessary to
temporarily use this area.
15. To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer more than 15 feet from the house is
prohibited.
###
b. Gillies - 145 Wauwinet Road
SE48-574
11-7 )
Present to discuss the draft Order of Conditions in
behalf of the applicant were Jeff Blackwell of Hart and
Blackwell, Tom King of Milton Rowland Associates, and Andrew
Leddy, counsel.
Mr. Blackwell states that he has resurveyed the adjoining
properties and the ridge on the house immediately to the South
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 11
is 4.9 feet higher and the one immediately to the North is 2.0
feet higher than the ridge of the Gillies house.
Mr. Wasierski comments that he would like to see the house
raising to be kept at three feet for two reasons: first to keep
the ridge in line with the neighbors and second to reduce wind
scour from the harbor side.
Mr. King comments that the applicants were asked to defend
the six-foot raising height and Mr. Haines defended that
position.
Mr. Dunn comments that nobody can tell for sure what the
actual changes are going to be.
Dr. Dunwiddie states that it is not clear cut that six feet
is the best height to raise the house when you look at the
houses immediately adjacent to the Gillies house.
Mr. Leddy summarizes the letter from Mr. Haines to the
Commission, commenting that if the house is not raised six feet
then the problem is not solved. It is expensive to raise the
house, and if the dune is not allowed to flow under the house
the same problem will arise, he adds.
Mr. Dunn states that the other neighbors can come in
claiming the same problem and want to raise their houses.
Dr. Dunwiddie comments that he would not be surprised if
that were to happen.
Mr. Leddy states that the issue of scenic views does not
have the same impact because there is the house already there
blocking the view. The applicants have their expert's opinion
that the work will allow the dune to migrate under the house,
measures have been taken to avoid wind scour, and the raising
to six feet will avoid a reoccurrence of the problem, he
concludes.
Mr. Wasierski reiterates that the wind scour will come from
the harbor side of the house. He adds that the higher the house
is raised the more wind scour from the northwest will occur.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 12
Mr. Leddy states that there will be some adjustments under
the house to prevent that from happening.
Mr. Visco states that when you compare the photographs of
when the house was constructed and the present day conditions,
it is obvious that the dune has built up.
Dr. Dunwiddie responds that the activities of the residents
probably had a lot to do with the conditions as they exist
today.
Mr. Dunn reiterates that it is anybody's guess what is going
to happen out there and that the regulations talk to raising to
the ridge of the dune.
Mr. Visco states that they should be allowed to raise the
house the six feet because it is their property.
Mr. King states that Condition #5 has a snow fence surround
the work and be placed on the top of the dune. He states that
he would rather not disturb the top of the dune.
Mr. Dunn states that the intent of the snow fence is to
catch blown debris before it gets to the beach and ocean.
Mr. King draws a limit of work snow fence on the plan submitted.
Mr. Leddy states that Condition #9 requires that all decks
and walkways be cantilevered. He states that it was not his
clients' intention to cantilever the deck on the west side of
the house because it is ten feet wide. He suggests that the
wording be changed to 'all walkways attached to the house'.
Mr. King adds that the lattice will be attached to the house
and not under the decks or walkways.
The Commissioners agree to allow the deck on the west side of the
house to be post-supported.
Mr. Leddy states that Condition #18 does not allow the use
of fertilizer outside 15 feet of the house. He comments that
Mr. Haines has suggested that it would be beneficial the
reestablishment of the dune grass.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 13
Dr. Dunwiddie suggests that fertilizer use be limited to
revegetation of the areas disturbed by construction.
Mr. King states that Condition #10 requires a new plan for a
walkway over the dune. He says that it is already there, it
will just need to be lifted up and placed on the new deck when
the house is raised.
Dr. Dunwiddie comments that what is existing is not what the
Commission would allow to be built.
Mr. Leddy suggests that the applicant be allowed to maintain
the existing walkway, which rests on the sand of the existing
path over the dune.
The Commissioners agree to such wording.
Mr. Leddy questions the need for Condition #19.
Dr. Dunwiddie responds that such wording is required by DEP.
MOTION: To issue the Order of Conditions as amended
(Conditions 9, 10, and 18 were changed in accordance with
suggestions made above) was made and seconded.
In Favor: Visco, Borchert, Dunn
Opposed : Wasierski
ADDITIONAL SPECIAL CONDITIONS
SANDRA GILLIES
DEQE FILE NUMBER SE48-574
ASSESSOR'S MAP 11, PARCEL 7
145 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. The approved plan for the maintenance and repair of the
house, the addition of decking, and the location of the new
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 14
septic system is the plan entitled "Topographic Plan of
Gillies Property" prepared by Hart-Blackwell & Assoc., Inc.,
revised 2-7-90 and received by the Conservation Commission
3-8-90. The approved plan for the construction of the new
septic system is the plan entitled "Proposed Sewage Disposal
System" prepared by Epple & Associates, Inc. P.E., dated 11-
27-89 and received by the Conservation Commission 12-5-89.
This Order permits the raising of the house, the addition of
decking, and the replacement of the septic system. At the
public hearing 3-8-90, the applicant voluntarily withdrew
her proposals to add more indoor living space to the house,
to demolish the garage, and to relocate the driveway,
therefore no such addition, demolition, or relocation is
permitted by this Order.
4. Prior to any activity at the site, the applicant shall
receive approval for the project, if required, under the
Wetlands Restriction Act.
5. Prior to any activity at the site, a line of snowfencing
shall be staked so as to completely surround the project
site. Erected to contain windblown debris during
construction, this fencing will also serve as a limit of
activity for work crews, thus protecting the dune. It shall
remain in good repair during all phases of construction, and
it shall not be removed until the area has been stabilized
and revegetated or until permission to remove it is given by
the Commission.
6. All areas disturbed by this project shall be stabilized and
revegetated in accordance with Phase I of the Construction
Sequence Plan by David M. Haines, dated February 21, 1990,
and received by the Conservation Commission February 22,
1990.
7. The house may be raised no more than 6 feet.
8. Any excavated sand must be retained in the immediate
vicinity and shall remain part of the barrier beach.
9. Except on the west side of the house, all decking shall be
cantilevered, with no supports of its own. All decking and
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Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 17
barrier beach. However, because the proposed septic system would
replace a failed system, the Commission expects an improvement
over the existing situation.
Section 2.03(B)(2) requires all non-water-dependent projects to
maintain at least a 25-foot natural undisturbed area adjacent to
a coastal dune and requires that all non-water-dependent
structures be at least 50 feet from a coastal dune. However,
because the proposed decks would tend to reduce foot traffic on
the shifting sand surrounding the house, the Commission expects
an improvement over the existing situation.
These waivers are granted under the authority of Section
1.03(F)(2)(c) of the Wetlands Protection Regulations of the Town
of Nantucket.
###
c. Baker - 8 Long Pond Dr i ve - SE48--581 (59-25)
Present for the applicant was Glen Wills of Nantucket
Surveyors.
Mr. Wills states that Condition #15 is not necessary because
the property is not on an eroding bank.
The Commission agrees to delete Condition #15.
MOTION: To issue the Order of Conditions as amended was
made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
ROBERT BAKER
DEQE FILE NUMBER SE48 - 581
ASSESSOR'S MAP 59, PARCEL 25
8 LONG POND DRIVE
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
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Conservation Commission
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6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 18
3. Prior to any activity at the site, a siltation fence shall
be staked and properly toed in along the line shown on the
approved plan. After the fence is installed, notice shall
be given to the Nantucket Conservation Commission. No work
shall begin on the site for 48 hours after said notice is
given, so as to allow Commission members time to inspect all
siltation devices. The siltation fence, erected to prevent
siltation of the wetland during construction, will also
serve as a limit of activity for work crews. It 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:
any 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.
6. The applicant, owners, successors or assignees shall be
responsible for maintaining anyon-site drainage structures
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Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 19
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 anyon-site or
off-site resource area. 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. Any refuse material found on the site shall be disposed of
at an approved landfill and in no case may these materials
be buried or disposed of in or near a wetland.
10. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
11. In all cases, no part of any structure, including decks, may
be closer than 60 feet from the wetland boundary, as shown
on the approved plan.
12. Natural vegetation between Long Pond and a line 25 feet
north of the wetland boundary, as shown on the approved
plan, shall be allowed to grow back and shall remain
undisturbed in the future. This means the Bordering
Vegetated Wetland and a 25-buffer zone, including the
brushcut portions thereof, shall not be cut again but shall
remain natural and undisturbed.
13. To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer more than 15 feet from the house is
prohibited.
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Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 20
14. The leaching facility of any septic system serving a
dwelling on this property must be at least 100 feet from the
wetland boundary shown on the approved plan.
###
d. Lewis - 52 Tennessee Ave. - (59.4-95)
Present for the applicant was Leo Asadoorian of Hart and
Blackwell Surveyors.
Mr. Asadoorian comments that the draft order does not allow
the use of fertilizers more than 15 feet from the house. He
asks if this includes the area where the garage is being
removed ?
Dr. Dunwiddie comments that the Commission is worried about
adding nitrates to Madaket Ditch. He suggests that no
additional use of fertilizers be allowed and that natural
vegetation be reestablished.
Mr. McKelway comments that the Commission allowed new lawn
to be planted in the old garage area.
Mr. Wasierski comments that this area is as sensitive as the
White Elephant file that we just approved.
Mr. Borchert comments that he would like to see no
fertilizers be used at all. He adds that there is a need to
impress on people that the harbor waters are being fed too much
with fertilizers used close to the shore.
Dr. Dunwiddie draws a line on the plan showing lawn areas and
areas to be allowed to return to natural vegetation.
MOTION: To issue the Order of Conditions as discussed
with the amended plan was made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
CHRISTOPHER B. AND VIRGINIA M. LEWIS
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Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 21
DEP FILE NUMBER SE48 - 583
ASSESSOR'S MAP 59.4, PARCEL 95
52 TENNESSEE AVENUE
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 1.36 )
3. Prior to any activity at the site, a siltation fence or a
line of haybales shall be staked along the line shown as
"silt fence" on the approved plan. The siltation fence or
haybale line, erected to prevent siltation of the wetland
during construction, will also serve as a limit of activity
for work crews. It 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:
any pipe/culvert inverts for inflow and outfalls; pipe
slope, size and composition; location of other drainage
structures and their composition; limits of fill or
alteration; location of all structures and pavement within
100 feet of wetland; the edge of the wetland; the grade
contours within 100 feet of the wetland.
5. Members, employees, and agents of the Commission shall have
the right to enter and inspect the premises to evaluate
compliance with the conditions and performance standards
stated in this Order, the Nantucket Wetlands Bylaw, the
Regulations promulgated under the Bylaw, the Massachusetts
Wetlands Protection Act, and pertinent Massachusetts
regulations (310 CMR 10.00 through 10.99). The Commission
may require the submittal of any data deemed necessary by
the Commission for that evaluation.
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 22
6. 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 anyon-site or
off-site resource area. 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. Any refuse material found on the site shall be disposed of
at an approved landfill and in no case may these materials
be buried or disposed of in or near a wetland.
10. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
11. The proposed garage/studio office must be at least 31.5 feet
from the edge of the wetland, as shown on the final approved
plan, revised March 8, 1990, initialed by surveyor Leo C.
Asadoorian, and received by the Commission that same date.
12. To minimize adverse effects on the salt marsh, on Madaket
Ditch, and on Hither Creek and the wildlife, fisheries, and
shellfish therein, and because a septic system designed to
serve 3 bedrooms on this lot, which is 13,700 square feet,
was allowed under a waiver from Section 2.06(B)(5) of the
Wetlands Protection Regulations of the Town of Nantucket,
which requires at least 100 feet between a leach facility
and a salt marsh, there may never be more than 3 bedrooms on
this lot. See File No. SE48-487.
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Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 23
13. To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer on the property is prohibited.
14. The garage/shed to be moved may be replaced by lawn, but
only in line with the existing lawn to either side,
approximately 15 feet from the wetland edge. The remaining
disturbed area shall be allowed to revegetate naturally.
15. 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:
16. To minimize adverse effects on wetland scenic views, the
main house shall be raised no more than 3 feet.
The Commission hereby grants the applicant a waiver from Section
2.06(B)(4) of the Wetlands Protection Regulations of the Town of
Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136).
Section 2.06(B)(4) requires non-water-dependent projects to
maintain at least a 25-foot natural undisturbed area adjacent to
a salt marsh and requires all non-water-dependent structures to
be no closer than 50 feet from a salt marsh. However, because an
existing structure which is even closer to the marsh than the
proposed structure will be removed as part of this project and
because there is already lawn on either side of the structure to
be removed, the Commission expects a net improvement over the
existing situation.
This waiver is granted under the authority of Section
1.03(F)(2)(c) of the Wetlands Protection Regulations of the Town
of Nantucket.
###
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Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 24
3. CERTIFICATE OF COMPLIANCE
a. Flamm - 43 Squam Road - SE48-451 (13-24)
Present for the applicant was Melissa Philbrick, counse1
from Vaughan, Dale & Philbrick.
Mrs. Philbrick submits a letter to the Commission and
summarizes its contents.
I.> To issue a modified order of Conditions that allows
the existing building footprint.
2.) Remove existing walkways and outdoor shower.
3.> Revegetate around the house as per the plan
submitted at this meeting.
4.) No additional building or further expansion of the
existing structures will be allowed on the lot.
5.) The field inspection done in January 1990 states
that the wetland boundary is approximately 30 feet from the
addition as constructed, and this complies with the Order of
Conditions.
Mr. McKelway pointed out that his field inspection report
merely stated that a stand of sensitive ferns was about 30 feet
from that corner of the addition, but that identification of
the understory vegetation was difficult in the wintertime.
Mr. Borchert comments that the suggested changes seem
reasonable.
Mr. Dunn comments that building restrictions imposed by the
Commission would only be enforceable 100 feet from a wetland.
He suggests that a restriction on the title would be more
appropriate.
Mrs. Philbrick states that such a procedure would require
approval of the Board of Selectmen and DEP.
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Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 25
Dr. Dunwiddie states that he is disgusted with the direction
of the Commission. The applicant has violated the Order of
Conditions and because the cost of correcting the violation is
expensive the Commission backs down from enforcing the Order,
he comments. He adds that the public hearings and the Order of
Conditions could not have been more clear as to the intent of
the Commission at that time, why should we back down all the
time?
Mr. Borchert states that the wetland was not adversely
impacted and that it is of low quality.
Mr. McKelway states that there are other options such as a
fine, explaining that violating the Order of Conditions was a
violation in and of itself. The Commission has to do something
to get the word out about following Orders of Conditions, he
adds, asserting that the fact that something like this happened
is proof of how little respect the Commission has in the
community.
Mr. Visco responds that it is not the owner's fault and the
Commission is not set up to punish them. He adds that it is
their property and they have the right to use it.
Dr. Dunwiddie states that it is not up to the Commission to
determine fault but to clear up the violation. He asks Mr.
McKelway to read the passage in the Bylaw (Section 136-10-A)
which requires a fine, and Mr. McKelway does so.
Mrs. Philbrick states that by fining the applicant the
Commission would be setting a precedent and should require that
the wetland was harmed. In this case the wetland was not harmed
further than what was approved in the Order of Conditions,
which required that the addition be no closer than 30 feet to
the wetlands.
Mr. McKelway asks Mrs. Philbrick if she agrees a violation
of an Order is a finable violation in and of itself under the
local Bylaw, regardless of where the wetland is.
Mrs. Philbrick agrees, but contends that the Commission
needs to pick its battles if they are going to set precedents
and that this one is not an appropriate place to start. She
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Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 26
adds that there were mistakes madE~ on this property and blames
them on the lack of cooperation between the various town
departments that are involved in the permitting process.
Mr. Borchert adds that the property owner is going to some
expense to clear this problem up.
Mr. Dunn comments that the placing of a Conservation
Restriction on the property, the changing of the lot lines, and
the revegetation the Commission is requiring would be getting
something from the owner.
Dr. Dunwiddie asks what about the Bewkes property that we
also inspected? The house was built without concern to the
approved plan and has been outstanding for ten years, how are
we going to make them comply?
Mr. Visco responds the violation was not with the intent to
do harm and that the wetland was not harmed.
Mr. McKelway says intent is not relevant legally, and Mrs.
Flamm has even admitted responsibility in a letter to the
Commission.
Mr. Dunwiddie suggests putting off action on the matter.
Mrs. Philbrick summarizes that she is requesting a
modification of the existing Order, a conservation restriction
on the property, and revegetation of the property as described
in the plan.
MOTION: To accept the suggestions as previously stated
and discussed was made and seconded.
IN FAVOR: VISCO, BORCHERT, WASIERSKI, DUNN
OPPOSED : DUNWIDDIE
b. Winn/Stark
45 Millbrook Road - SE48-272 (56-232.1)
Present was Beau Wilson, applicant.
Mr. Dunn states he had inspected the site and that there was
no vegetation around the house and well, no siltation controls
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 27
in place at the present time. He adds that the applicant had
the well drilled instead of driven as the Commission had
originally requested but he found a minor modification in the
file.
Mr. Wilson submits pictures of the property, comment;ng that
two hawthorne trees were removed to drill the well and they
will be replaced with four hawthorne and one native honeysuckle
tree.
Mr. Dunn recommends not issuing the Certificate of
Compliance until the vegetation has been stabilized and erosion
controls are in place.
Dr. Dunwiddie recommends that the honeysuckle not be
planted.
MOTION: To deny issuing the Certificate of Compliance
until the vegetation is stabilized on the wetland side of
the house was made and seconded.
UNANIMOUS
4. EXTENSION PERMIT
a. Lehman - 12,14 Monomoy Road SE48-430 (54-51) - Minor Mod
and Extension Permit
Present for the applicant were Melissa Philbrick,
counsel from Vaughan, Dale & Philbrick and David Bently of
Churchill and Bently, architects.
Mr. McKelway reads the inspection report.
Mrs. Philbrick summarizes the history of the property and
comments that the present owners, the Kobackers, bought the
property recently at a foreclosure sale. She adds that they
have had the building redesigned to suit their needs and
therefore request a minor modification to the house footprint.
She suggests that some improvements could be made to the
property and then the Commission could reinspect the property.
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Town of Nantuck~et
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 28
Mr. Dunn states at least the soil should be pulled OU~ ~f
the wetland, replant the damaged area, restore the siltation
fence, and clean out the trash from the wetland before the
extension permit be issued.
Mr. Borchert comments that the applicants should clean up
the lot and the Commission should start over when the
conditions have improved.
MOTION: To request the applicant (the Kobackers) to
correct the existing violations, replant the damaged wetland
areas, and notify the Commission for a re-inspection for the
extension permit. Made and seconded.
UNANIMOUS
Mr. Wasierski asks if the retaining wall is still in the new
plans?
Mr. Bently responds that the wall is still around the
swimming pool and there is a five foot elevated deck on top of
the walled area.
Dr. Dunwiddie questions whether this could be considered a
minor modification.
Mr. Bently responds that the footprint on the ground is
essentially the same and the ridge height is slightly lower
than in the old plans. He says the house will be one story.
MOTION: To allow the requested modification, based on
representation at this meeting that it will be a single-
story house was made and seconded.
IN FAVOR: Dunn, Borchert, Visco
Abstain: Wasierski, Dunwiddie
5. OTHER BUSINESS
a. Cabral - Miacomet Ave. SE48-503 (67-353) enforcement
discussion.
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Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 29
Mr. McKelway stated that he had inspected the property
recently and saw that the siltation fence was improperly
installed. He adds that he had contracted the applicant and he
was making an effort to correct the problem.
b. Earth Day - table?
Mr. McKelway asks if the Commission would like to have a
table at the Earth Day festivities April 22 with information
and brochures available?
The Commissioners approved of this idea.
c. Hempleman
deck plan as required by the Order of
Conditions
Mr. McKelway states that the applicant's agent, John
Shugrue, has submitted a plan as required by the Order of
Conditions. It seems to conform to the restrictions spelled out
in the Order, he adds.
MOTION: To sign the plan for identification and to
approve the design was made and seconded.
UNANIMOUS
d. Cattails at Cumberland Farms
Mr. McKelway states that he had been asked if the Commission
would be willing to have the dead cattails on Town land across
Orange Street from Cumberland Farms cut down so the public
could see through to the harbor.
Dr. Dunwiddie comments that he does not think that the
Commission owns the property in question and he questions how
the work could be done. He adds that the new shoots will be
coming up soon, and that cattails grow at a rate of an inch or
two a day.
The consensus of the Commissioners was to take no action on the
matter.
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Conservation Commission
(508) 228- 7230
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Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 30
e. Cedar Crest II - new Determination signing
MOTION: To sign the new Determination due to the fact
that there is no longer a wetland in that area was made and
seconded.
UNANIMOUS
f. Sharp - SE48-519 Lot 24 - Minor Modification house site.
Commissioners Donald Visco and Lee Dunn abstain from the
discussion and vote.
Present were Randy Sharp, applicant; Melissa Philbrick
of Vaughan, Dale & Philbrick; Jeff Blackwell of Hart and
Blackwell Surveyors.
Mrs. Philbrick comments that a plan has been submitted
showing how the HOC approved footprint differs from the
footprint approved by the Commission. There is a cantilevered
second story deck and part of the wall around the outside
shower stall.
Mr. McKelway suggests that there be a single plan that shows
all the minor modifications that have been made on the lot
since initial approval.
Mrs. Philbrick counters with the suggestion that the
Commission consider a partial compliance on the lot that would
cover the driveway and bridges.
After some discussion Mr. Borchert recommends that the decision
be left up to the Administrator, who comments that he is not
convinced that a partial compliance is the easiest way to
handle it. In the future, such a document may serve only to
confuse.
MOTION: To consider the foot print changes as a minor
modification to the approved plans was made and seconded.
IN FAVOR: Borchert, Wasierski, Dunwiddie
6. CORRESPONDENCE
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for March 22, 1990 Page 31
7. MINUTES: for March 8, 1990
MOTION: To approve the minutes as drafted was made and
seconded.
UNANIMOUS
8. BILLS TO BE PAID
9. FIELD INSPECTIONS - Monday, April 2, 1990 at 4:00 PM
THE MEETING WAS ADJOURNED AT 10:42 PM BY UNANIMOUS
CONSENT OF THE COMMISSIONERS.
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