HomeMy WebLinkAbout1990-04-05
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Town of Nantllcket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
MEETING MINUTES FOR ~PRIL 5. 1990
The meeting was called to order at 7:00 PM in the Large Group
Instruction Room in the Nantucket High School. Present were
Commissioners William Willet, Henry Wasierski, Granville
Cranston, Peter Dunwiddie, Carl Borchert and Donald Visco. Also
present were Ben McKelway, Administrator and Bruce Perry,
Secretary.
The Commissioners were immediately polled and unanimously
voted to go into Executive Session to discuss litigation ~nd
approve minutes.
~ EXECUTIVE SESSION
a. Litigation
b. Approval of Minutes for March 20, 22, 1990
The Open session portion of the meeting was reconvened at
7:46 PM at the conclusion of the Executive Session.
B. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC
Rob Garrison of Nantucket Shellfish Farm was present with
some questions for the Commissioners. He says that he plans to
move the location of his oyster racks outside Polpis Harbor
during the summer. He comments that the plankton blooms during
the last few summers have killed off a lot of the seed oysters
due to the fact that the organisms were too large for the
oysters to digest. The only places that these long chains
forming large colonies are found are within Polpis Harbor and
just outside of the opening to Nantucket Harbor, he says. He
adds that he has the approval of SHAB subject to inspection of
the site,which is just to the East of Abrams Point on a sand
bar.
Mr. Visco asks who owns the property.
Mr. Garrison responds that the Conservation Foundation used
to be the owner but recently sold it.
Mr. Visco comments that the property owners have "riparian
rights" and cautions Mr. Garrison to get the permission of the
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for April 5, 1990 Page 2
property owners to avoid running into problems at a later
date.
Mr. Dunn asks if there are quantities of waste from the
shellfish.
Mr. Garrison responds that in the warm water there will be
some algae growth on the cages but it would be not unlike the
growth found on the cages elsewhere and the algae dies off
when the temperature drops. He adds that the tops of the cages
will be seen at low tide and that the area wi II marked off
with buoys to alert people of their presence.
Mr. Dunn suggests that at least a Request for Determination
should be filed because the work is within a resource area.
Mr. Garrison states that he will pick up the forms from the
office the next day.
C. PUBLIC HEARINGS
1. Francis - 41 Dukes Road - NAN89-003 (56-327)
Present for the applicant was Bob Emack of Nantucket
Surveyors, and he requests that the hearing be continued
until the next meeting.
MOTION: To continue the hearing for additional
information at the request of the applicant was made and
seconded.
UNANIMOUS
2. Bewkes - 100 & 102 Wauwinet Road SE48-577 (11- 24.1 & 24.2)
Commissioner Lee Dunn states that he has to abstain
from the discussion and any votes, then leaves the room.
Present for the applicant was Mr. and Mrs. E. Garrett
Bewkes, applicants; John Shugrue, agent, and Ted Tillotsen,
counsel for the applicants.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for April 5, 1990 Page 3
Mr. Bewkes states that he had walked the two proposed
locations for the driveway (marked in the field orange and
yellow) and feels that the orange route would result in more
trees being cut down.
Mr. Willet responds that the Commission would like the
driveway to be as close to the neighbor's drive as possible.
Mr. Shugrue states that he had tabulated the size and
number of trees that would be cut on both routes on the plan
submitted at the latest field inspection on Monday (April 2).
He adds that the road is planned to have a 12-foot travelled
surface, two-foot shoulders, and a footprint on the ground
approximately 20 feet wide. The drive has not been flagged all
the way, but just to the top of the hill. Mr. Shugrue points
out where the plan shows the driveway branching off to the
left (south) to service the southernmost lot someday.
Dr. Dunwiddie states that he is concerned with the route of
the driveway and the wetland boundary across the lot. He
suggests that it is important that the drive stay at least 50
feet from the wetland boundary after the wetland crossing. The
complete boundary should be marked in the field and on the
final plan to save any confusion in the future.
Mr. Shugrue states that the boundary has been flagged with
a few orange numbered flags but the Commissioners suggest the
additional flagging is necessary.
At this time the Commissioners review the two routes as drawn on
the submitted plan.
Mr. Tillotsen comments that the choice of the two routes is
a trade off. The yellow route cuts fewer trees but has more
fill required and the orange route requires less fill but cuts
down more trees. The guy wire for the telephone pole is not in
the way of the yellow route, he adds.
The Commission settles for the orange route.
Mr. McKelway states that the Commission still needs to
discuss the proposed filling of the swale.
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Town of NanttlCket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for April 5, 1990 Page 4
Mr. Shugrue states that the proposal is for some minor
grading and filling as a result of a slope away from the
house. He said a neighbor's faulty septic system drains into
this swale at present.
Dr. Dunwiddie states that he would like to see the grading
contours marked on the plan.
Mr. Bewkes states that he would be willing to do some
replication if necessary.
Dr. Dunwiddie summarizes that the Commission would like to
see the entire wetland boundary marked on the plan and in the
field and grading contours around the proposed house site.
Mr. Perry suggests to the Commission that some assurances
are needed to ensure that this drive is going to be used for
both lots, permanently. If there is only a easement to use the
drive, it could be easily removed by Mr. Bewkes at a later
date, as he did with the deed restriction that prohibited
subdivision of the lots before he subdivided the two lots into
the three lots under discussion, he warns. Also, a cl~an plan
showing the wetland boundary and the approved driveway
location would be helpful for the Commission and the staff in
the future.
Mr. Tillotsen was resistant to the permanent easement
request and suggested that an on-going condition on the
Certificate of Compliance would have the same result.
Mr. Bewkes commented that he did not see any reason why the
clean plan was not possible.
Mr. Tillotsen asked if it was necessary for Mr. and Mrs.
Bewkes to be present at the next meeting. The consensus of
the Commissioners was that if the information requested was
received that their presence would not be necessary.
MOTION: To continue the hearing for additional
information:
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for April 5, 1990 Page 5
1. A clean, new plan showing the complete wetland
boundary, the location of both driveways, and
grading details around the proposed house site.
2. Flagging of the complete wetland boundary in the
field to match the new plan.
Made and seconded with the consent of the applicant.
UNANIMOUS
3. Hartrick - 31 Baxter Road - (49.2.3-8)
There was no representation present. Mr. McKelway
states that the agent had called the office and requested
that the file be continued.
MOTION: To continue the hearing at the request of the
applicant, for a DEP file number, and response from the
Mass. Heritage Program was made and seconded.
UNANIMOUS
4. Santa Rita Trust - Polpis Road SE48-585 (26-22.1,22.4)
Commissioners Donald Visco, Lee Dunn and Granville
Cranston abstain from the discussion and the vote.
Present was Randy Sharp, owner; Jeff Blackwell of Hart
and Blackwell; and Melissa Philbrick of Vaughan, Dale &
Philbrick, counsel.
Mr. McKelway reads the inspection report of April 2 and
comments that the applicant had brushcut a path that was
within 25 feet of a wetland, which was in violation of the
Commission's regulation and of the Order of Conditions on Lot
21.
Mr. Borchert states that he had clearly requested at the
last meeting that no brushcutting of paths be done until a
topographic plan was drawn and submitted to the Commission.
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for April 5, 1990 Page 6
Mr. Blackwell responds that the 100-scale plan requested at
last meeting would not have been helpful due to the size of
the property. The cut route eliminates 390 feet of catwalk and
is the shortest route to the pier and float, he says. He shows
the locations on the plan in front of the Commission.
Mr. McKelway states that the cutting of the footpaths would
require a waiver and a minor modification of the Order of
Conditions.
Mrs. Philbrick disagrees, stating that the Conservation
Restriction allows the cutting and maintenance of footpaths.
Dr. Dunwiddie asks why the catwalk could not be behind the
small island instead of in front.
Mr. Sharp responds that he would like to keep it out of the
neighbor's, Mr. Conroy's, view. He asks if it would be
possible for him to carefully cut a path along the route that
he and Mr. Borchert had walked earlier.
Mr. Borchert comments that he would like to see a board
walk at grade to the catwalk that is only elevated one foot
off the marsh.
Mr. McKelway states that that would not be possible if the
catwalks are under the jurisdiction of the Army Corps of
Engineers. He adds that he had talked with Tom Bruha of the
Army Corps and he had stated that there are two types of
permits of the work - a fast permit which requires a minimum
of five foot elevation off the salt marsh - and a slower
permit which leaves the elevation up to local authorities.
For the latter type, the norm is 3 feet. The Corps'
jurisdiction only extends seaward of mean high water.
Mr. Blackwell states that mean high tide for the area is
three foot elevation and that the marsh is at least at the
four foot elevation.
Mr. Borchert suggests that the catwalk elevation could be
reduced to only one foot above the marsh because it is out of
the jurisdiction of the Army Corps.
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes for April 5, 1990 Page 7
Dr. Dunwiddie agrees with the suggestion and adds that new
plans be drawn up showing the reduced elevation. He adds that
he would like to see some more reduction in the length of the
catwalks, especially the shorter one over Lot 24.
Mr. McKelway asks if the applicant has any future plans to
use stone dust or other pervious material on the paths?
Mr. Sharp responds negatively.
Mr. McKelway reads a letter from 8enn Jesser, President of
the Polpis Association which suggests a reduction in the
length of the proposed catwalks, that only one dock be used
for all the lots in the subdivision, and that the proposed
wolmanized wood which has been shown to leach its toxic
chemicals be replaced with lumber made with recycled plastics
which has all the properties of wood.
The applicants state that they would like to see more
information concerning the plastic wood.
MOTION: To continue the hearing for an additional
inspection, additional plans and information was made and
seconded.
UNANIMOUS
~. REGULAR MEETING
1. REQUEST FOR DETERMINATION
a. Nantucket Land Bank - Sanford Property
Commissioners Donald Visco and Carl Borchert abstain
from the discussion and the vote.
Present for the Land Bank was Andrea Stevens, Resource
Planner.
Mr. Willet reads most of the field inspection report.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for April 5, 1990 Page 8
Dr. Dunwiddie asks if the path will utilize existing
openings in the vegetation?
Ms. Stevens responds that the path would USIng the c~c;lings
and existing deer trails.
MOTION: To issue a negative determination commenting
that some of the work is within the buffer zone to a
resource area but will not alter was made and seconded.
UNANIMOUS
2. ORDERS OF CONDITIONS
a. Nant. Land Bank - Miacomet Golf Course NAN90-005 (66-67)
Commissioners Donald Visco and Carl Borchert abstain
from the discussion and the vote.
Present for the Land Bank was Andrea Stevens, Resource
Planner.
Ms. Stevens comments that she has no problem with the Order
of Conditions as drafted.
MOTION: To issue the local Order of Conditions as
drafted was made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
NANTUCKET LAND BANK COMMISSION
DEP FILE NUMBER NAN90-005
ASSESSOR'S MAP 66, PARCEL 67
MIACOMET GOLF COURSE
UNDER 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, and the
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Town of Nantucket
Conservation Commission
( 50~) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for April 5, 1990 Page 9
Regulations promulgated under the Bylaw. The Commission may
require the submittal of any data deemed necessary by the
Commission for that evaluation.
4. This document shall be included in all construction contracts
and subcontracts dealing with the work proposed and shall
supersede other contract requirements.
5. 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.
6. Any refuse material at the site, including the remains of the
former plastic liner, shall be disposed of at an approved
landfill. In no case may these materials be buried or
disposed of in or near this pond or any other wetland.
7. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
8. To minimize adverse effects on wildlife, the application of
any pesticide in or within 25 feet of the pond is prohibited.
WAIVER:
The Commission hereby grants the applicant a waiver from Section
3.03(B)(4) of the Wetlands Protection Regulations of the Tow~ of
Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136).
This section prohibits the filling of a water body except as
pursuant to a waiver from the regulations. In this case, the
Commission expects an improvement over the existing situation.
Therefore, this waiver is granted under the authority of Section
1.03(F)(2)(c) of the Wetlands Protection Regulations.
###
3. CERTIFICATE OF COMPLIANCE
a. Winn/Stark - 45 Millbrook Road - SE48-272 (56-232.1)
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Town of Nantllcket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for April 5, 1990 Page 10
Present was Beau Wilson owner of the property.
Mr. Willet reads the inspection report which states that
the property is in violation of Conditions # 5 and 6.
Mr. McKelway states that the areas have not been
revegetated except for planting of trees.
Mr. Wilson states that the banks abutting the wetland have
been mulched, 2000 square feet of sod is expected to arrive on
Monday, the haybales have been staked across the wetland
boundary, and the trees have been planted. He comments that he
is trying to close on refinancing of the property and suggests
that some money be put in escrow until the revegetation is
finished.
The Commission agrees on a $ 1,000 dollar bond.
Mr. Borchert reads a letter from Nicholas Ferrantella
Landscaping, who is going to do the work at the property.
MOTION: To issue the Certificate of Compliance with a
the $ 1,000 bond as agreed previously to be released when
the revegetation is completed. Made and seconded.
UNANIMOUS
b. Shapiro - 57 Pocomo Road - SE48-088 (15-16)
Commissioner Lee Dunn abstains from the discussion and
the vote.
Present was Bob Emack of Nantucket Surveyors.
MOTION: To issue a Certificate of Compliance for all
portions of the building envelope in excess of 75 feet from
the edge of the bank as required in the Order of
Conditions. Made and seconded.
UNANIMOUS
c. Shapiro - 57 Pocomo Road - SE48-580 (15-16)
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for April 5, 1990 Page 11
Commissioner Lee Dunn abstains from the discussion and
the vote.
Present was Bob Emack of Nantucket Surveyors.
MOTION: To issue a Certificate of Compliance for all
portions of the building envelope that are closer than 75
feet from the bank and with the on-going condition for a 40
foot undisturbed buffer between any structures and the bank
was made and seconded.
UNANIMOUS
d. Hither Creek Boatyard - SE48-296 (59.4-2)
Present were Albert Manning, Jr., owner, and John
Shugrue, engineer.
Dr. Dunwiddie reads the inspection report.
MOTION: To issue as recommended in the inspection
report was made and seconded with the on-going conditions
as recommended.
UNANIMOUS
e. Hither Creek Boatyard - SE48-249 (59.4-2)
Present were Albert Manning, Jr., owner and John
Shugrue, engineer.
Mr. Willet reads the inspection report.
Mr. Shugrue requests a minor modification to the Order of
conditions that would allow for maintenance dredging for the
term of the State and federal permits without coming back to
file a new NOI. The Federal permit runs for 10 years and the
State permit runs for nine years, the settlement basin is not
going to be enlarged, the intent is to clean out the basin and
pile the scrapings on the existing berm, he adds.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for April 5, 1990 Page 12
Mr. Manning states that he will be using the entire berm
area when the work is done.
Dr. Dunwiddie comments that he is concerned about salt
water intrusion into the neighbors' wells.
Mr. Manning responds that the berm filters out the salt as
the water passes through it and then goes to the ocean. The
project is expected to take ten working days; is limited to be
done between November 1 and March 1; The same equipment will
be used for the work as the last time, a Cat Hydraulic Dredge;
and that one abutter, the Nantucket Conservation Foundation,
is aware of the proposed work.
Mr. Borchert suggests that the minor modification to the
existing Order run concurrently with the State and Federal
permits.
Mr. McKelway comments that the Army Corps allows
maintenance dredging as long as the depth dredged is not more
than 1-2 feet deeper or more than 10 feet on any side compared
to the dredging that was originally allowed.
Mr. Dunn states that it was not the intention of the
Commission to allow a project that becomes useless.
Mr. Wasierski asks where the silt is coming from.
Mr. Manning responds that it is coming from under the docks
and not from the Madaket Ditch.
MOTION: To allow a minor modification to the existing
Order of Conditions for maintenance dredging was made and
seconded.
UNANIMOUS
MOTION: To issue a Certificate of Compliance with the
on-going condition that allows for maintenance dredging.
This on-going condition runs concurrently with the State
and Federal permits for this project, so a new Notice of
Intent will be necessary for dredging after those permits
expire. Made and seconded.
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Town of NantLlcket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for April 5, 1990 Page 13
IN FAVOR: Borchert, Wasierski, Cranston, Willet, Dunn
OPPOSED Dunwiddie
ABSTAIN : Visco
f. Bewkes - 13 Crow's Nest Way - SE48-98 - (12-19)
Commissioner Lee Dunn states that he has to abstain
from the discussion and any votes, then leaves the room.
Present for the applicant was Mr. and Mrs. E. Garrett
Bewkes, applicants; John Shugrue, agent, and Ted Tillotsen,
counsel for the applicants.
Mr. Willet reads the inspection report which sites some
discrepancies from the approved plan.
Mr. Bewkes states that the house was built to the original
plans and has been there for seven years. The original
Certificate of Compliance request was only held up due to the
lack of revegetation.
Dr. Dunwiddie states that there are differences in the
field -- the existing deck and "wart" are not on our approved
plan.
Mrs. Bewkes responds that she was in charge of the
construction and that the house was built to the plans filed.
There has been no addition since the house was constructed,
she emphasizes.
Mr. Borchert asks if the architects had seen what had been
approved when they designed the house.
Mrs. Bewkes comments that she has copies of the HDC plans
that were used for construction but did not bring them to the
meeting.
Mr. Borchert reads from the March 18, 1982 minutes and asks
why it took eight years to come back before the Commission?
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for April 5, 1990 Page 14
Mr. Bewkes responds that the original Compliance was denied
only for vegetation reasons and made no comment on the size of
the building. Nothing has been added since and is it not a
little late to bring this up now, he queries?
Mr. Tillotsen asks the Commission to explain the difference
in the two plans.
Dr. Dunwiddie responds that the pencil lines were added as
a result of the field inspection that was held for the
Certificate of Compliance a few weeks earlier.
Mr. Bewkes states that he will sign an affidavit to the
effect the there has been nothing added to the house since it
was originally constructed.
Dr. Dunwiddie clarifies that a Certificate of Compliance
indicates that the project was built in compliance with the
Order of Conditions. The house was not built in compliance
with the approved plans, he states.
Mr. Was iersk i suggests tha t the app I i cants get an 'as-bu i I t
with the exact building measurements.
Dr. Dunwiddie asks for the HDC approved plans for
comparison purposes.
MOTION: To continue the discussion for more information
(as-built plan and HDC plans) from the applicants was made
and seconded.
UNANIMOUS
4. PLANNING BOARD REFERRALS
a. UPS - Old South Road
MOTION: To write the Planning Board commenting that the
proposed lots are not subject to the Wetland regulations
was made and seconded.
UNANIMOUS
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Town of Nantllcket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for April 5, 1990 Page 15
b. Haddon - Eel Point Road
Mr. McKelway reads the inspection report of the property.
MOTION: To send a letter to the Planning Board stating
that both lots are subject to the Sate and Local Wetlands
regulations and to caution the applicants about a small
wetland in the Southwest corner of Lot 1 that is not marked
on the plans before them. Made and seconded.
UNANIMOUS
5. OTHER BUSINESS
a. Memo for April 12 meeting on Old North Wharf
b. Harbor Study - discussion
Mr. McKelway states that this is the study done by DEP
Water Pollution at the Commission's l-equest two years' ago.
Highlights include:
1. A huge quantity of coliform bacteria in
the qroundwater sampling well adjacent to the
Wauwinet House.
2. Flows from the Children's Beach pipe that
have counts equivalent to raw sewage and the flows
come from Lily Pond area only.
3. A high count for Nitrogen compounds at the
head of Polpis Harbor from the stream coming out
of Windswept Bogs. They feel that it is likely to
be fertilizer run off from the cranberry bogs.
He adds that in discussions with WHOI, they may modify
their study to track these compounds up the creek.
c. Airport FEIR - letter?
..
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for April 5, 1990 Page 16
MOTION: To send the Airport a letter reminding them
that their FEIR submittal is overdue was made and seconded.
UI\IAN I MOUS
d. Quentin Holmes - enforcement?
Mr. McKelway said it now appears that it is too late to
prosecute Mr. Holmes for the filling of his land off
Hummock Pond Road.
e. Miacomet Road Grading - Discussion
Mr. McKelway shows the Commission some pictures of Miacomet
Road grading showing unnecessary damage to the wetland areas.
MOTION: To send a letter to the DPW asking for more
care to be taken the next time grading happens was made and
seconded.
UNANIMOUS
f. Bruce Poor - SE48-258 (21-118.1) lost Cert. of Comp.??
Mr. McKelway states that he had received a call from Bruce
Poor concerning one of the letters sent out. Mr. Poor thought
that he had received a Certificate of Compliance for the
project but could not find his copy and there is no evidence
of Compliance in the Commission files.
Mr. Borchert comments that the Commission went through a
lot with that file and he was sure that there was not a
Certificate of Compliance issued for the project.
Mr. Dunn at this time states his objections to the letters
that were sent out by the staff. He comments that he found the
form letter insulting in its tone, saying it gives the
impression that the applicants had done something wrong. It
needed to be more diplomatic, he felt.
Mr. McKelway explains that these letters had been sent out
to all the projects whose Orders had expired and no
Certificate of Compliance had been issued up through
.. ..
Town of Nantllcket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for April 5, 1990 Page 17
Assessor's Map 26. He had received approval of the text from
the Chairman about a year ago and comments that if the tone of
the letter is too polite it gets ignored. However, he added,
he will certainly modify the letter to accommodate the wishes
of the Commission.
Dr. Dunwiddie adds that the first letter that goes out
should be overly polite and if there is no response then a
more stern letter could be sent. He suggests that the letter
be redrafted before any more are sent out.
6. CORRESPONDENCE
7. MINUTES: for March 22, 1990
MOTION: To approve as drafted was made and seconded.
UNANIMOUS
8. BILLS TO BE PAID
9. FIELD INSPECTIONS - TUESDAY, April 17, 1990 at 4:00 PM
The meeting was adjourned at 9:53 PM
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