HomeMy WebLinkAbout1990-04-19
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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 ?
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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.
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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)
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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