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HomeMy WebLinkAbout1990-04-05 ,1fi"'"~ ~ ~~llTUCI(;'~ ~~~~~ ~ft_ ~y~ of ~'C.l t;\~}.. : .\ -Zr-~~-. .! ~~.. ~~=-Aj{"~ c:>'- ~---=-../..../O i o~.....:, '). # ~:.'"ORA1~ .~,,,, --.........-, 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 &~u~'- L~~~~", 1ft _""- ;\~~ tol~'lJI2 ~\~_-- 0j. i . ..\~_;;" . ~ 1';- ~~_.. ~A. ~ .re:>'- ~---=-- ...:'/0:' o~_....~.....~.. ~:.'"ORA1~ .~,,,, -.............-, 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. t11"~ ~ ~~llTUCI(;'~ ~~~~~ :tift~_ ~~\ tOf - ~lJI;a t; ~~-~j'. i ~~~~~~~J -re:> ~---=-'/~/Oi 0... ........... # ~~ORA1f. v..~,,,, --.........-, 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. ,1fi1....~ ~~llTUCI(;.~ ~~~ ~~\ f~ ~- 2'\~~ o ~lJI2 ~ ,,- - -- ~j..i . ~- - - ~ I....~ ~~\~A.~ -'(\'- ~--"'"..A /0 :' o~--::-.....:, Q.....~.. "'ORA1~ .~,,,, ......-, 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: ~..~ ~ ~~llTUCI(;'~ ~~~~~ ~ft _ ~y~ of~~'C.2 ~\" - '~}. .. . '\ ' _.- - -.... . ~~_~;.,..:J -~'- ~-=--/....fO :' o i;::--......c f;)....., rORA1~ .~,,,, ......-, 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. ~..~ ~~llTUCl(l., ~~~.)\ ~ft_ 5(;,\ ~Ol~~'C.2 t~\~}.. ;; . ..\-'''-~~~. . ~~-~~~:'--i~~J -I(- ~....:::>-. "/0:' o^ .......,. .....~ "1',oORA1f.\') to'''' ......-.. 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. ~'""~ ,~~llTUCI(;''- L~~~~ ;rfA u ~Y'$ IQl~-~'C.i ~\~}. ;; .\-.,~--=::. .."..- \---.:-=-~- --."""..;: ~-.. ~A. ~ ,re:>'- ~---=--.A/O :' "'*_ o~.....:, ')..... #' "'...:.'"ORA1~ .~,,,, -.............-' 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. ~...~ ~~~llTUCI(;'~ ~~~;\ ~ft . _ \y~ of ~'C.2 ~ '" ~}. ,. . ,- . ~- -. - ....~:;.:sr~ - ....... ~.. _. ~II.;: .'(- .;;>t.::: ""..,/. /0 :' ~....."' ')....., rORA1~ .~,,,, .."..-' 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 4;;U~~ ~r~ ~ .1-'" f y~ of_ -~'C.i ~\,- : ~}. , ..\' ." . ~~-.. "'- ;~=---iA.":J -"'~ ~~-/i/Oi O~..... .........# ~~ORA1f.V..~'... -.............-' 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) ~..~ ~ ~~llTUCI(;'~ ~~~~ ~ft_ ~y~ of~-~'C.2 ~" - ~ . - ~--- - j., · .:z.....:_ _ _ "I.... II: ~~~.. ~A.;: -'(:\'- ~---=-" .0': /0 i o~_..........# <r'PORA1"~..'''' ......-, 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. ........~ ,.~~llTUCI(~~ (r~\ ~~f~~'C.i ~ "'- - ~.- .~- -.. ). i ~~~~~~.j -I(- ~-:::>-"/..../Oi o^ ........... # rr'PORA1f. "..~,,,, ......-, 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. . .....I..~ ,..~~llTUCI(;.'- L~~~~ ~M _ ~y~ of~ ~'C.i ~ ., - _ '0f}. ,. . ., ~ -. ".~~.....:: ~.. ~~=- '-A. i: -Ye:> ~.....:=>-"..;./O:' ~.....:, ')..... ~~ rORA1~ .~,,,, ......-, 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? ,?J..llT'U~'- r~ ~~~ ,~'" ~f \y~ of ~'C. 2 t;x' -- ~}'. i ~~'~~-.: /.A.":/ -~'- ~....:::>--/..../O :' 0i;j;-.._..:.9.....~.. ORA1~ .~'" ......-' 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 . ,1fi'''"~ ~~llTUCI(;''- ~~~.)\ 1ft _ ~\ tOf~-4'l :'C.l ~ ,,- __.~J. I. . , ~ "'Ie e~~A.~J ";'<-'- ~---=--/..../O :' ,Oii;;-....:.').....~ ~~ORA1~ .~~ --.........-. 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 /I t /J (1 -f" I U c2. ()' J Af;-- /I A. '--./ ~J' ~_ T, ()Un,- ft v[ (IJ'~ ~ _1 f/.D1 y~ ~! I '<7 If!- I {,/ I ~ v~ (j( "r"?' /