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HomeMy WebLinkAbout1990-04-19 tf}".''''''''. ~"'''lu cJr;':1t. ~r ~J~ fl. ~\ .. .~.IJl! OJ. _. . < _i'd~. tl-iY'.-.-t"h.~'~'. . . \ .~~=:z:~--:~!. I . i .....'\ ~~-t.-<'~~ - ...... ~".... - -. -.,s-- ~^' ;: ,."'".... -'i"-~. -....fb :' .. 0..... .... " ~ ..~ ~p........' I). !I,'" "'.,,;! ORAit "".. .............." Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket. Massachusetts 02554 MEETING MINUTES FOR APRIL 19, 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 William Willet, Lee Dunn, Granville Cranston, Peter Dunwiddie, Donald Visco and Henry Wasierski. Also present were Ben McKelway, Administrator and Bruce Perry, Secretary. f1. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC Steve Bender was present to discuss a recently printed article from "Living Aboard" concerning Avalon, California and a sewage waste spill into the harbor. In summarizing the article, he states that there were five potential sources of continuing pollution in the harbor, four were quickly eliminated leaving only sewage from recreational boats as the source of the high coliform counts. He concludes that sewage from boats does not have a trivial effect on water quality. D. PUBLIC HEARINGS 1. Francis - 41 Dukes Road - NAN89-003 (56-327) MOTION: To continue the hearing for additional information and the lack of representation was made and seconded. UNANIMOUS 2. Bewkes - 100 & 102 Wauwinet Road SE48-577 (11- 24.1 & 24.2) Commission~r Lee Dunn abstains from the discussion and leaves the room. Present for the applicant were Ted Tillotsen, counsel and John Shugrue, engineer. Mr. Tillotsen states that a plan had been submitted showing the revisions as requested at the last meeting and adds that the wetlands have been flagged across the lot with yellow flags. Dr. Dunwiddie asks about the grading contours around the house ? -*"","",,,,,, ~~,..~TUCJr;~ t~..y-~1-\ (~1.'~V" :. or _ ~~! ....... . .. -n I. .. \;"-","'~7'~' '~.'~' . i . ~~~~~"!.I... .....'\ :;;~~~....~- .A"~ \;"'... _.....~- .I... '" ,,^, -'i"-~. - .. fb :' "'0" ."'.... "," ~;;........;.1). "," ORA1~ ,..,.. .....'" Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes April 19, 1990 Page 2 Mr. Shugrue describes the grading plan that results in a small filling of the wetland next to the proposed house site. The driveway route is the one flagged in yellow. Dr. Dunwiddie asks the area of the wetland to be filled by the driveway and what is flagged in the field on the drive? Mr. Shugrue responds that the centerline for the driveway route is flagged and that approximately 2,006 square feet will be filled using a 20 foot wide base of the road. Mr. McKelway asks where the driveway is going to branch off to service the other lot ? After some discussion, Mr. Wasierski suggests that the Order of Conditions require that the driveway for that lot be at least 100 feet away from the wetland boundary and the applicants agreed. MOTION: To close the hearing subject to the confirmation of the wetland boundary as flagged in the field by the Commission was made and seconded. UNANIMOUS 3. Hartrick - 31 Baxter Road - (49.2.3-8) MOTION: To continue the hearing for additional information and a DEP file number was made and seconded. UNANIMOUS 4. Santa Rita Trust - Polpis Road SE48-585 (26-22.1,22.4) Commissioners Donald Visco and Lee Dunn abstained from the discussion and vote. MOTION: To continue the hearing at the request of the applicant was made and seconded. UNANIMOUS * 5. Anathan - Pocomo Road - (15-40) Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes April 19, 1990 Page 3 Present for the applicant was Les Smith of Daylor Consulting Group. Mr. Smith explains that the proposal is to replace the stairs with the same design. He adds that at some points the stairs will be approximately six feet off the bank face. The Commissioners suggest that the stairs be closer to the bank and therefore not so visible. Mr. Dunn suggests that the stairs come off the proposed platforms from the side rather than the front as proposed. Mr. Smith states that it would be less structurally sound to do it in that manner. Dr. Dunwiddie suggests that the second landing be closer to the ground. Mr. Smith responds that it would result in a steeper stairs. The elevation drops from 35 to 2.5 feet down a partially vegetated bank. Dr. Dunwiddie reiterates that the stairs would stick out from the unvegetated portions of the bank and would like to see it closer to the bank. Mr. Smith adds that the construction would be similar to the other stairs in the area and that there has been little erosion in the area. Mr. Wasierski disagrees, commenting that the Gamble property near this lot has had significant erosion this winter. Mr. Smith responds that the erosion in the area is episodic and that the bank in front of the applicant's property has been stable. MOTION: To continue the hearing for a field inspection and a DEP file number with the consent of the applicant was made and seconded. -',."....." r~,.."TUCJr~~ ~~)- () .'So'$ t. 1-..-.. ~ \t. ~ I-l.m~i~! . ~~~.lf'7'#T J ~ , ....~ ~~@~.""... ~.. - -.'~=-./A;: ''''", -fL..;:s:- .. fb :' ... ...." ~ 0-9.,..........;, I). $' ~~-ORA1~ ~.,,, ..............". Town of Nantucket Conservation Commission (508) 228-7230 <> C hl.'St nut Street Nantucket, Massachusetts 02554 Meeting Minutes April 19, 1990 Page 4 UNANIMOUS ~. REGULAR MEETING 1. REQUEST FOR DETERMINATION * a. Town of Nantucket - Polpis Harbor Access - (20-14 & 16) Present was Jeff Willett, DPW Superintendent. Mr. Willet reads the inspection report. Mr. Willett states that there will be a small amount of fill needed over the culvert and to top dress the road surface and that there will be no filling of the marsh. The originally proposed plan was for substantially larger project and since then the project has been scaled down, he adds. He anticipates that a 3:1 angle of repose for the sides of the fill added with only a minimum of hardener added to stabilize the road. Mr. McKelway suggests that haybales be staked along the edges of the road to prevent silting of the wet areas and also it be understood that the bales are not to be used as a retaining wall. He said that the wetland is right next to the road already, and he urged Mr. Willet to build up the road as llttle as possible in order to minimize the fill. Mr. McKelway said Jack Gardner had told him that the DPW would like to brushcut a second parking area adjacent to the beach, across the road from the lot from the shack. The consensus of the Commission is that this brushcutting would require another Request for Determination in the future, as it was not included on the current application. MOTION: To issue a negative determination stating that the proposed project area is subject protection but will not alter the resource and to attach conditions recommended in the field inspection report was made and seconded. UNANIMOUS * b. Granger Frost - Eel Point Road - (33-12 & 13) Town of Nantucket Conservation Commission (508) 228-7230 6 Chcstnut Street Nantucket, Massachusetts 02554 Meeting Minutes April 19, 1990 Page 5 Present was the applicant Granger Frost. Mr. Frost comments that he would like to remove an old building that has been subject to vandalism every year. Mr. Dunn states that he is worried about bringing in large equipment to take down the building and disturbing the vegetation. He suggests some smaller equipment be used. Mr. Frost responds that he is worried also about the vegetation but feels that it will grow back. He says the road does not go all the way to the building. MOTION: To issue a negative determination commenting that the area is subject to protection but the work will not alter the resource was made and seconded. UNANIMOUS * c. Raben - 119 Eel Point Road (33-17) Mr. Willet reads the inspection report which recommends a negative determination. MOTION: To issue a negative determination as recommended by the inspection team was made and seconded. UNANIMOUS * d. Hays - 174 Orange Street - (55-64) Present was the applicant William Hays and Les Smith of Daylor Consulting Group. Mr. Willet reads the inspection report which recommends a negative determination. MOTION: To issue a negative determination as recommended by the inspection team was made and seconded. UNANIMOUS * e. Maki - 3 Beach Street - (73.1.3-20) 6'"'''''''' ~,.."TUCJrl).' ~..y-~j\ I~ . ~\ tOI,~~iUl! I- ., _ " Cj'i . .. ~""'~~~_'-_~l_:'~s.;,. . . ~~~:;::;.~ I ... ... 'tS,~I;.<~/'A"" ;: \;...... - -. .~- ... '" .,..^,- ...."..........~. - ...... :' ,..~... ___ ,_ ,,'V ~ ~~'P..........;;1). ~ ORA1~ ,_".. ........ Town of Nantucket Conservation Commission (508) 228-7230 6 CIH.:stnut Strcet Nantucket, Massachusetts 02554 Meeting Minutes April 19, 1990 Page 6 Present for the applicant was John Shugrue. Mr. Willet reads the inspection report. Mr. Shugrue explains that the applicant plans to tear down the house and replace it with a house that is slightly larger. Mr. John Callahan, an abutter worries about the height of the new building in relation to the other buildings in the area. He is concerned that the character of Codfish Park be preserved. Mr. Shugrue explains that the project is 80 - 100 feet from the back of the dune and there is a row of houses between this one and the dune. There will be no expansion of the septic system. Mr. McKelway responds that the house is more like 50 feet from the landward edge of the dune. He says this case is very important to the Historic District Commission and asks if we should put a height restriction on the new building. MOTION: To issue a negative determination commenting that the project is in an area subject to protection but the work will not alter the resource was made and seconded. UNANIMOUS After the vote, Mr. McKelway asks if this represents a change in policy. In the past, he said, the Commission routinely required a Notice of Intent for any work in Codfish park, since the whole area is below the coastal bank. * f. Tower and Shaw - Little Neck Way - (38-18 & 19) Commissioner Donald Visco abstains from the discussion and the vote. Present for the applicant were Glen Wills of Nantucket Surveyors and Rachael Hobart of Vaughan, Dale & Philbrick '"'''''''' ~,.."TUCJr;'~1t. ~~ J-j' . oS- 1- f V"~ of~.IJl~ 1-.,.'. . ,:!fi~! X-..".~ -~,~... '. l! · .z;:.:.~~~~~ 1.1 ,. ~"=.;.;c..~~ .,...- 11.1-." - ...,s=-.I^- ~ " ,,'..~~. .......,,'O.tf ~- 0,l?'P.........;.1). ~ ..........:.:ORA1~ .",,; .............,,- Town of Nantucket Conservation Commission (508) 228-7230 6 Chcstnut Street Nantucket, Massachusetts 02554 Meeting Minutes April 19, 1990 Page 7 Mr. Wills submits a new plan and explains that the proposal lS to replace the septic system and move a small cottage. Mr. Willet reads the inspection report which recommends a negative determination. MOTION: To issue a negative determination stating that the area is not subject to protection under the Act was made and seconded. UNANIMOUS * g. Nantucket Shellfish Farm - Nantucket Harbor Present were Rob Garrison and Martin Ceely of Nantucket Shellfish Farm, Inc. Mr. Garrison submits a letter of approval from SHAB but with a different location than previously suggested. The present location is to be northeast of Wyers Point and no further east than Coskata Pond. Mr. Dunn comments that the area lS used by boaters and people who beach their boats and walk on the beach. Mr. Garrison states that SHAB felt that in the other location the oysters might attract predators that would affect the scallop beds in the vicinity. Mr. Wasierski states that he has no problem with the new site but worries about vandalism of the racks. Dr. Dunwiddie ask if the Commission has any recourse if we are deluged with complaints? Mr. Garrison responds that the SHAB approval requires a annual renewal. The proposal is not for permanent site but the crates will be removed annually before October 1. Mr. Dunn is concerned that this area will be monopolized for this use only. .."'....", ~,.."TUCJr/!'~ ~,. ~o .'So'J. ~'~~~ Oi~~~~CJIi ~\'";".Jr~~~ J-: i .....\ :;:s-~~ ....~ 'l.~" - -. -.,s=- .I.^- ~ '('......~. .....,,'0$ ~~;;."...";;1). ri' ....ORAi~ ",.. ......". Town of Nantucket Conservation Commission (508) 228-7230 6 Chcstnut Street N antllcket, Massachusetts 02554 Meeting Minutes April 19, 1990 Page 8 Mr. Ceely responds that the site is fairly small, 60 x 600 feet and seasonal. The racks will be anchored to the harbor floor by reinforcing bar and will not blow away, he adds. Mr. McKelway states that he has been in contact with the only additional abutter, the Trustees, and Dick Belvue has stated that the Trustee do not have a problem with this location. The other abutter, the Conservation Foundation, response through Jim Lentowski was a concern for water skiers in the area. Mr. Ceely responds that it is unlikely that skiers would be in this area due to its shallowness. All four corners will be marked and there will be white stakes every 100 feet around the pens as required by state regulations. MOTION: To issue a negative determination commenting that the area is subject to protection but the proposed project will not alter the resource and place the condition for annual renewal on the determination was made and seconded. Mr. Dunn is opposed, all other Commissioners In Favor * h. Bryan - 80 Millbrook Road - (40-79.1) Present for the applicant was Stephen Lindsay, agent. Mr. Willet reads the inspection report and asks how much fill is going to be needed around the court and Dr. Dunwiddie asks if the court is going to be screened on the pond side? Mr. Lindsay responds that there is no plan to screen the court other than with fencing and that a small amount of fill may be needed. Dr. Dunwiddie states that some attempt needs to be made to reduce the visual impact of the court from across Hummock Pond and from the Sanford Farm property. Mr. Wasierski suggests that the court be rotated. .""...", ~,.."TUCJr;"~ C)" C) .'So'J. f v'S o ~~IJl;' - -JUI;I I-'"~ . 'fP.- . r";"""'-";ifS~~ . i ,..\~~~t.~'~ .......~ ~.. - -'-..5=-.l.^- i: .,..^," -<'-=~- ......:' ~.~.. ___ .._ "v ~ 01/;,...........'0. ~... ~~ORAi" ,....<II ................ Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket. Massachusetts 02554 Meeting Minutes April 19, 1990 Page 9 Mr. Lindsay responds that the court's axis needs to be NOl- th to Sou th . Dr. Dunwiddie suggests that the trees be transplanted uSlng a large machine used on the island. If these fail to live, replace them with either pitch pines or red cedar and plant these near the fence for better wind break. Mr. McKelway asks if any night lights are proposed? Mr. Lindsay responds that none are planned. MOTION: To issue a negative determination commenting that the project is within the buffer of an area subject to protection but will not alter the resource and condition the appl-oval 1. A visual screen of trees that are either transplanted on the lot or with trees that are at least 6 - 8 feet high of either pitch pine or red cedar. 2. No outdoor night lights are allowed. Opposed : Dunwiddie In Favor: All other Commissioners * i. Greenhill - (23-1) Commissioners Willet and Dunwiddie abstain from the discussion and the vote. Present for the applicant were John Shugrue, surveyor and Roger Church, agent. Mr. Wasierski reads the inspection report and comments that he is worried about the visual impact of the proposed house. Mr. Shugrue submits new plans and explains the project. He says it will be a single-story house. He also suggests some additional proposals for work that were not included in the original filing. 6""......~ ~~"TUCJr;'., ~~ ~:\ t/tf~.~\ o. ~1Jl i 1-'" . ..4<~~f~- . \~;..~.lf~,.'e~y I . i ......\ ~~~j.~-~~ . .....~ A." - -. '~'=- I.^- ;: "'",~. ... (j) :' 0.... ..- ~ ~ '1/" ........8. ~. ~ "ORAi~ ,.,,'Ii ........ Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, M assachusctts 02554 Meeting Minutes April 19, 1990 Page 10 Some discussion follows and the Commissioners suggest that a positive Determination be issued. At this point Mr. Shugrue asks that the house addition and the driveway change be allowed under this Determination and not be required in the NO!. Mr. McKelway states that this work was not proposed in the original filing and should require an RFD of its own. The Commission agrees with the idea. MOTION: To lssue a positive Determination and require the filing of a NOI for the work was made and seconded. UNANIMOUS 2. EXTENSION PERMIT a. Sherburne Associates inner harbor SE48-435 (42.2.4-1) Dr. Dunwiddie reads the letter from Warren Lowry, englneer for the pl-oject. MOTION: To issue an extension permit for one year commencing on the date that the Order of Conditions expires in November was made and seconded. UNANIMOUS 3. CERTIFICATE OF COMPLIANCE a. Bewkes - 13 Crow's Nest Way - SE48-98 (12-19) MOTION: To continue the request at the request of the applicant was made and seconded UNANIMOUS b. Halsell - Squam Road - SE48-342 (12-32) Present for the applicant was Glen Wills of Nantucket Surveyors. ......II~ B"'''TUCJr;~' rr:~ ~~ ~,'So\ (~ ~'1"1\:' o ~"'i 1-'- .' .ci!i~- \~"'" ~~.-~"~~.j i ...\~~~~~'!.l:. ~~.. ~-;,-%-=-- 1.A.....1 "'.. ~. /"fb,$' o~........"..'O. ., -.-?ORAlt ,..'~ ...........".. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket. Massachusetts 02554 Meeting Minutes April 19, 1990 Page 11 Mr. Willet reads the inspection report, which stated that the wetland is shown at 37 feet from the driveway but in reality is only 17 feet from the driveway itself and only 8 or 9 feet from the edge of the filled shoulder. Mr. Wills recaps the history of the project and comments that the delineation of wetland boundaries was different five years ago, when this application was filed. He said they counted the cattails as wetland, but not the high-bush blueberries and other shrubs that are counted now. Although there is standing water around these shrubs now, he said, the original boundary was set in a drier time of the year. The driveway is as shown on the plan and was already existing when application was made, he contended. MOTION: To issue the Certificate of Compliance as requested was made and seconded. UNANIMOUS c. Cairnes - 119 Baxter Road SE48-402 (48-7) Present for the applicant was Glen Wills of Nantucket Surveyors. MOTION: To issue the certificate of Compliance as requested was made and seconded. Commissioner Dunn abstains from the vote, all other Commissioners in favor. 4. OTHER BUSINESS a. Reminder: Board of Health hearing for John Mark April 25 Mr. McKelway explains that this is an appeal of the revocation of a septic permit that had been issued by the Health Department. John Shugrue, the agent for the Marks, had not drawn the proper wetland boundary on the plan. Commissioners Dunwiddie and Dunn said this will be an important hearing. They both requested reminder calls. Mr. ,'11I11""" ~,.."TUCJr;~' [:~ ~~;r. f . 2'\11' 1- o .~_~~i I- ... I! "'..-J!.." \-;;.>~~ .Y~~7.) . I . ~~:Z~~~ ...... ...\ ~"""'<'V~ :A"'~ .,.~, --ti-~=:..~i," $ 0"- .'" '" "," ~'P..."....;.1). ~ ORAi~ "".. ........ Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes April 19, 1990 Page 12 Dunwiddie said an upholding of the revocation could possibly save the Town some legal fees in the long run. b. Review new draft of form letter for expired permits MOTION: To approve as drafted was made and seconded UNANIMOUS c. Review draft of memo on cranberry bog study Mr. Visco asked what the Commission would do with the stcdy when it was completed? Mr. McKelway responds that it depended upon what was found In the ground and water. Mr. Visco states that cranberry growing, because it lS an agricultural use, has an exemption from the Wetlands Protection Act. Mr. McKelway agrees, but states that the Commission also 1S generally empowered to protect the communities water resourCES under tile 1957 law that first encouraged towns to appoint Conservation Commissions. He explained that Joe Grochowski, the Town Biologist, and George Rezendes, the Marine Department Superintendent, have said Chairman Willet and abutters to the bogs will not be allowed to participate in the planning of the study. The memo is urging them to change their minds, and to do so requires the influence of the whole Commission, not just Mr. Willet and himself. Mr. Willet does not feel that approval of the memo is necessary because the Commission has voted at least twice to pursue a study of the use of agricultural chemicals on the bogs. Mr. Visco tells Mr. McKelway that he is just in a personal dispute with Russell Lawton, the manager of the bogs. Mr. McKelway says this is not the case; he is not out on a limb because Mr. Willet feels as strongly about this issue as "~ ~,.."TUCJr;'- ~~ t.~ ~ .'So\ ~~~~ o _ ~U1i 1-... .-'.15.... ~~~~~~)::1 ~.. ~ -. ""<5=- IA ~ C".. -TL~.."'.."'fb" 0-9'P..........;.1). !I,~ ORAi~ .~,,, ......... Town of Nantucket Conservation Commission (508) 228-7230 6 Chcstnut Street Nantucket. Massachusetts 02554 Meeting Minutes April 19, 1990 Page 13 he does. He points out that he discusses the problem regularly with Chairman Willet. Mr. Visco doubts that, and repeats that he believes Mr. McKelway is out a limb. 5. CORRESPONDENCE 6. MINUTES: for April 5, 1990 MOTION: To approve with the one change as discussed was made tind seconded. UNANIMOUS 7. BILLS TO BE PAID 8. FIELD INSPECTIONS - MONDAY, April 30, 1990 at 4:00 PM :4'0\ I1l ~\ AUd M Jk,~t ~ /} II . / I D t'0 Ii'\.. lP"')\.