HomeMy WebLinkAbout1990-05-03
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
MEETING MINUTES FOR MAY 3. 1990
The meeting was called to order at 7:03 PM in the Large Group
Instruction Room of the Nantucket High School. Commissioners
present were William Willet, Lee Dunn, Granville Cranston, Donald
Visco and Henry Wasierski. Also present were Ben McKelway,
Adminlstrator and Bruce Perry, Secretary.
~. COM~cNTS AND QUESTIONS FROM PRESS AND PUBLIC
The Chairman recognized Steve Scannell.
Mr. Scannell states that he would like to discuss what he
feels was a violation of the Wetlands Protection Act performed
by him at Sesachacha Pond last summer and the summer before.
~r asks if the Commission feels that there was a violation at
those times.
Mr. Visco responds that he does not feel that there were
any violations at that time.
Mr. Scannell asks Mr. McKelway if he had called him to warn
about the digging being a possible violation.
Mr. McKelway responds that he felt that the digging was a
violation and did call to warn Mr. Scannell after discussing
the subject with the chairman, Bill Willet. The intent of the
phone eel 1 was not to threaten Mr. Scannell but to inform him
that he may be in violation.
Mr. --~nnell states that he wants to be charged with every
pertinent violation for his efforts to breach the barrier
beach at the pond.
Mr. Willet states that it is safe to say that the
Commiss~n is not going to charge you with wetland violations
after the fact.
Mr. Scannell reiterates to the Commission his question if
the Commission felt that there was a Wetland Act violation at
that tlii:_.
Mr. Wi' let responds that he feels that Mr. Scannell was
gUllty of trespassing and that he would have an opportunity to
make his case in the trial for his opening of Hummock Pond
.
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chest".... ~.;cc~
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 2
this spring, for which he was charged with violating the
Wetlands Protection Act.
Mr. Scannell states that the cases are not the same.
Mr. Wasierski asks why the cases are different?
Mr. =_annell responds that in the first instance the Board
of Selectmen ordered the ponds open and asked for volunteers,
and he adds that he was acting as a agent of the town. He
states that he wants the State to be proven not to have
authority over the Town's great ponds; it is a matter for the
cou,ts.
Mr. Willet responds that Mr. Scannell's day in court will
come and that presently the Town is working to get the ponds
open and is concurrently working on a comprehensive management
plan for them.
Mr. Sr~~nell again asks the Commission if they felt that he
was in violation of the wetlands act?
Mr. Willet responds that you may well have been.
Mr. Viseo states to Mr. Scannell that he (Scannell) had
already been told earlier that a majority of the Commission
did not believe that his actions were in violation of the Act.
He adds that he would vote to charge DEP, DEP Water Pollution
Control, and other state agencies as violators of the Wetlands
Platectlon Act. He concludes that the State Supreme Court
would "snap it up" and decide this issue once and for all.
lij-. Scanne 11 states tha t there was a dec is i on made by
Chairman Willet not to charge him with wetlands violations for
attempting to open Sesachacha Pond, after he had already been
charged with trespassing by the State Police. He adds that he
:~nuld like to be charged so that he could disprove the state's
control over the island's ponds.
MOTION: To charge Mr. Scannell with violation of the
State Wetlands Protection Act was made and seconded.
In Favor : NONE
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 3
Opposed
Willet, Visco, Cranston
Abstain
Dunn, Wasierski
Mr. Wasierski explains that he has to abstain from any
votes on the issue because his wife is an abutter to the pond
and because he is a member of the Pond Management Committee.
He then states that if he could vote, he would vote to charge
Mr. Scannell with violating the WPA.
Mr. Scannell comments that he intends to try to appeal this
=It (? .
Mr. McKelway states that he does not know how to appeal
such a vote. Commenting that the vote is not a denial of a
project so as to cause financial loss or loss in use of
property. He suggests that a possible solution could be to
file a RFD and appeal that denial if you get one.
At this point the agents for the executive session were present
and the Commission was polled and voted unanimously to go into
executlve session to discuss litigation.
7 : 18 PM
~ EXECUTIVE SESSION
a. Litigation
The open session was reconvened at 7:40 PM
~. PUBLIC HEARINGS
1. David Jay - Quaise Pasture Road - (26-20.3)
Present was Melissa Philbrick, counsel for the
appl icant.
Mr. McKelway states that the Commission had received a new
plan and a letter requesting that the scope of the proposed
project be reduced.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut SUed
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 4
Mrs. Philbrick states that the plan submitted was identical
the Planning Board submittal except that the wetland
boundaries were added to the plan. The changes from the
previous submittal are with the lot lines and the road design.
She comments that the cul de sac has been staked in the field
and additional drainage calculations will be available next
week. She requests a field inspection on May 29.
Mr. McKelway asks if any lots have been created that will
require a wetland crossing for the driveway in the future?
Mrs. Philbrick states that the lot lines have been adjusted
to allow enough passage without a crossing. The final plan
will show suggested building envelopes for the Commission's
information but not to be conditioned.
Mr. Dunn suggests that there might be a covenant placed on
the lots to prevent problems in the future.
Mrs. Philbrick responds that a Conservation Restriction has
been discussed with the applicant but she adds that the
Commission's minutes will show that no wetland crossings will
be allowed in the future.
Mr. Dunn states that a restriction on the deed of the
property would be better because prospective buyers will know
i, advance that they cannot route the dr i veways through these
areas.
Mr. McKelway states that the proposed driveway surface is
impervious and asks the Commission if that is what they
desire?
Mr. Dunn responds that the Commission had agreed on the
impervious surface after worries about gravel drives and
puddles.
Mrs. Philbrick adds that the Planning Board wants the
driveway paved not withstanding the Commission's letter to
them asking that no pavement be required.
~r. Visco comments that there is no allowance for turnouts
on the driveway to allow cars to pass.
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Town of Nantucket
Conservation Commission
(508) 228-7230
(i C'hestn"t <::"-^f't
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 5
Mrs. Philbrick states that this plan and the request to
reduce the scope of the project was sent to DEP and she hopes
that a file number can be issued soon.
MOTION: To continue the hearing until the May 31
meeting and for an additional site visit at the request of
the applicant was made and seconded.
UNANIMOUS
2. Francis - 41 Dukes Road - NAN89-003 (56-327)
MOTION: To continue at the request of the applicant was
made and seconded.
UNANIMOUS
3. Bewkes - 100 & 102 Wauwinet Road SE48-577 (11- 24.1 & 24.2)
Commissioner Dunn abstains from the discussion and
vote.
Present was John Shugrue, agent, and Ted Tillotsen,
counsel.
Mr. McKelway states that a new plan showing the wetland
boundary after inspection with Commissioner Dunwiddie has been
received by the Commission.
MOTION: To close the hearing and draft an order of
conditions was made and seconded.
UNANIMOUS
4. Hartrick - 31 Baxter Road - (49.2.3-8)
MOTION: To continue the hearing for a file number was
made and seconded.
UNANIMOUS
5. Santa Rita Trust - 216 Polpis Road SE48-585 (26-22.1,22.4)
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Ch~tnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 6
Commissioner Dunn abstains from the discussion and any
vote.
Commissioner Visco, out of the necessity to maintain a
quorum of the Commission, does not excuse himself but will
not take part in the discussion or any vote.
Present were the applicant, Randy Sharp; Jeff
Blackwell, surveyor; Melissa Philbrick, counsel.
After some informal discussion, Mr. Sharp suggests that the
hearing be continued until the next meeting when the
Commission will have its new member and Dr. Dunwiddie might be
present.
MOTION: To continue the hearing at the request of the
applicant was made and seconded.
Mr. Visco abstains, all others in favor.
6. Anathan - Pocomo Road - (15-40)
Present for the applicant was Les Smith of Daylor
Consulting.
Mr. Smith states that he has submitted a new plan that move
the stairway closer to the bank at the suggestion of the
inspection team.
MOTION: To continue the hearing for a DEP file number
was made and seconded.
UNANIMOUS
~. REGULAR MEETING
1. REQUEST FOR DETERMINATION
* a. Pastan - Eel Point Road - (32 - 3)
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 7
Present for the applicant was Melissa Philbrick of
Vaughan, Dale & Philbrick.
Mr. Willet reads the inspection report that highlights some
unapproved construction on the house.
Mrs. Philbrick states that the application is for a 12 foot
wide addition on the landward side of the house and the dirt
that is dug will be stacked on the landward side of the house.
Mr. Willet asks about the unpermitted work on the house.
Mrs. Philbrick and the Commissioners look at the old files
to try to determine the differences.
Mr. Dunn move to follow the recommendations of the
inspection team with regard to the new application.
MOTION: To issue a negative determination as
recommended was made and seconded.
UNANIMOUS
* b. Greenhill - off Hoicks Hollow Road (23-1)
b. Greenhill Hoicks Hollow Road - SE48-398 (23-1) -
request for Certificate of Compliance.
NOTE: The discussion for these two agenda items was combined
during the meeting to reduce confusion.
Commissioner Willet abstains from the discussion and
any vote.
Present for the applicant were John Shugrue and Roger
Church.
Mr. McKelway states that the Commission had suggested that
":e applicants come in with this filing at the last meeting
and that it would not be required to be included in the NO!
that is to be filed.
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 8
Mr. Wasierski states that he has a problem with the old NO!
and the house additions.
Mr. Shugrue states that the house addition is six feet
longer and the garage addition is located in a different area
and is larger than approved.
Mr. Church states that there was confusion during
construction (three architects were involved) and that the
changes that they made were not followed through with the
Commission. The Greenhills have been made aware of these
problems and are concerned that this has happened, he adds. He
blames the problems on the fact that there was nobody in
charge of the operation.
Mr. Visco asks how many ch~nges were made, and Mr.
Wasierski responds, "a lot."
Mr. Visco asks the representatives why these changes are
,not reflected on the plan submitted for the COCo
Mr. Shugrue submits a new plan showing all the work on the
property.
Mr. Wasierski reads the inspection report that states the
discrepancies and notes. He comments that the sum of the
additional work is considerable.
Mr. Visco asks what the applicants are requesting? A new
NUl or a minor modification of the existing one.
Mr. Wasierski states that the stairs, storage lockers,
dock, float, and large deck on the pond shore were not built
to the approved design or not approved at all.
Mr. McKelway states that he has talked with the state and
that they have suggested to him that a Chapter 91 license is
required for the floating dock and supports in the water.
Mr. Visco voiced doubt that a Chapter 91 license is really
required.
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 9
Mr. Wasierski requests a plan of a smaller scale than
submitted that shows what was approved and what was built.
Mr. Dunn suggests a 1" = 20'feet scale for the plot plan
and a 1" = 8' feet for the structures and that an overlay
showing work authorized, structures as built, and work
authorized by an earlier Order of Conditions issued to Mrs.
Evans would be helpful.
Mr. Wasierski adds that plans of the stairway to the pond
are not needed but that they should include all of the work
that has not been permitted.
MOTION: To request plans be drawn up showing the
conditions before the NOI (SE48-389), work approved in that
Order of Conditions, and the existing conditions at the
site (color coding is suggested for ease of recognition) of
everything within 100 feet of any resource area was made
and seconded.
UNANIMOUS
Mr. Visco suggests that the Commission go out and inspect
the property again to clarify the problems. He also suggests
that the Determination be continued.
Mr. Perry states that the Commission needs the applicant's
permission to continue a Determination and/or a request for a
Certificate of Compliance past 21 days as per the state
regulations.
After some discussion the applicant's agent agreed to allow
the continuation.
MOTION: To continue the hearings (RFD and COe) for
additional information and a inspection of the property was
made and seconded.
UNANIMOUS
2. ORDER OF CONDITIONS
a. Bewkes - 100 Wauwinet Road SE48-577 (11-24.1 & 24.2)
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chcstnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 10
Commissioner Dunn abstains from the discussion and any
vote.
Present for the applicant were John Shugrue, engineer
and Ted Tillotsen, counsel.
Comments: ** 14
Mr. Shugrue comments that the applicant will not be able to
grow a lawn. He adds that he does not have a problem with
restricting the areas towards the resource areas but not on
the other sides.
Mr. Willet states that he would like to see it stay in the
Order.
Mr. Wasierski adds that it has been used on other cases
without a problem.
NO CHANGE
# 17
Mr. Tillotsen states that the HDC has already approved
plans for the house and suggests that the Order reference
those plans.
Mr. McKelway asks if the wording concerning the widows walk
should be retained.
Mr. Tillotsen responds that the applicant will come back in
at a later date for approval of a widows walk.
Change to reference HDC plans
# 18
Mr. Tillotsen requests that this be removed because it is
out of the Commission's jurisdiction.
Mr. Shugrue states that all the lots are in excess of
80,000 square feet and therefore exceed the Board of Health
regulations for second dwellings.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 11
Remove from the draft
# 20
Mr. Tillotsen suggests that the last four lines be removed.
Mr. Shugrue suggests that wording that the driveway be at
least 100 feet away from the wetland or they would have to
refile with the Commission. Presently, they do not know where
the drive to that lot is going to be.
Mr. Wasierski disagrees and comments that this condition in
the draft was approved by the applicants at the last meeting.
# 21
Mr. Shugrue suggests a change to reflect that the number of
trees are within the wetland but not within the 100 foot
buffer to the wetland.
# 23
Mr. Shugrue suggests wording that would reflect the plan
and replication approved with Peter Dunwiddie.
Mr. Wasierski asks about a replication area for the
driveway waiver.
Mr. McKelway states that in granting a waiver the
Commission has greater powers to request concession from the
applicants.
Mr. Wasierski adds that he would like to see the Commission
get something back for what they are approving and suggests a
conservation restriction on part of Lot # 3.
Mr. Tillotsen states that the order already requires that
this driveway be used for both lots.
Changed to identify plans
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 12
Mr. Shugrue asks if a row of hay bales or siltation fence
can be used outside the 22 foot driveway to delineate a limit
of work ?
After some discussion the Commission allows that a
siltation fence could be erected four feet from the driveway
layout but will not be allowed to be used as a retaining wall.
MOTION: To approve as amended in the discussion was
made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
E. GARRETT BEWKES, JR.
DEP FILE NUMBER SE48 - 577
ASSESSOR'S MAP 11, PARCELS 24.1 ~ 24.2
100 ~ 102 Wauwinet Road
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
3. Prior to any activity at the house site, a line of snowfencing
shall be staked between the project site and the top of the
bank, at least 25 feet from the top of the bank. In addition
to catching windblown debris, this fence will serve to keep
people off the bank during construction. It will serve as a
limit of activity for work crews. It shall remain in good
repair during all phases of construction, and it shall not be
removed until all soils are stabilized and revegetated or
until permission to remove it is given by the Commission.
Prior to any further activity at the driveway site, a
siltation fence shall be staked and properly toed in along
each side of the approved driveway route. This fencing, to
extend approximately 140 feet from Wauwinet Road, may be
approximately 4 feet beyond the 22-foot road layout (including
shoulders and slopes) and is not to be used to retain fill.
4. An as-built plan, signed and stamped by a registered
professional engineer or land surveyor in the Commonwealth of
Massachusetts, shall be submitted to the Commission at the
same time as a written request for a Certificate of Compliance
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 13
and shall specify how, if at all, the completed plan differs
from the final approved plan. The as-built plan shall
include, but not be limited to, the following: any
pipe/culvert inverts for inflow and outfalls; pipe slope, size
and composition; location of other drainage structures and
their composition; limits of fill or alteration; location of
all structures and pavement within 100 feet of wetland; the
edge of the wetland; the grade contours within 100 feet of the
wetland.
5. Members, employees, and agents of the Commission shall have
the right to enter and inspect the premises to evaluate
compliance with the conditions and performance standards
stated in this Order, the Nantucket Wetlands Bylaw, the
Regulations promulgated under the Bylaw, the Massachusetts
Wetlands Protection Act, and pertinent Massachusetts
regulations (310 CMR 10.00 through 10.99). The Commission may
require the submittal of any data deemed necessary by the
Commission for that evaluation.
6. The applicant, owners, successors or assignees shall be
responsible for maintaining anyon-site drainage structures
and outfalls, assuring the lasting integrity of vegetative
cover on the site, and monitoring site activities so as to
prevent erosion, siltation, sedimentation, chemical
contamination or other detrimental impact to anyon-site or
off-site resource area. It shall be the responsibility of the
property owner of record to see that the maintenance
conditions are complied with as required by this order.
7. This document shall be included in all construction contracts
and subcontracts dealing with the work proposed and shall
supersede other contract requirements.
8. Used petroleum products from the maintenance of construction
equipment, construction debris, and unused paint and paint-
related products shall be collected and disposed of
responsibly off the site. No on-site disposal of these items
is allowed.
9. Any refuse material found on the site shall be disposed of at
an approved landfill and in no case may these materials be
buried or disposed of in or near a wetland.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 14
10. This Order of Conditions shall be recorded (as specified in
General Condition #8) on the Land Court Certificate of
Title for each of the three lots shown on plan #2350 by
John J. Shugrue, Inc., entitled "Plan of Land in Nantucket
MA, Scale 1"=40', February 29, 1988...Property of E.
Gan-ett Bewkes," as signed by the Nantucket Planning Board
January 22, 1988 (Planning Board File #3426).
11. This Order shall apply to any successor in interest or
successor in control of the property.
12. No part of any structure, including decks and patios, may
be closer than 50 feet from the top of the bank. This
requirement takes precedence over the stakes observed at
the field inspection -- at least one of these was too close
to the bank. Final staking at the house site (the
"batterboard" stage) must be inspected and approved by a
representative of the Commission before excavation begins.
13. A buffer zone of vegetation at least 25 feet landward of
the top of the coastal bank shall be left natural and
undisturbed.
14. To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer more than 15 feet from the house is
prohibited.
15. No septic system leaching pit or leaching field shall be
located within 100 feet of the coastal bank or within 100
feet of any other wetland resource area.
16. A sincere effort must be made to safely transplant all
patches of St. Andrew's Cross (a rare plant species) which
would be adversely affected by the construction of the
house and/or lawn.
17. To preserve wetland scenic views from the beach and harbor,
the house shall be no higher than permitted by Certificate
of Appropriateness #20,692 issued by the Nantucket Historic
District Commission.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Strect
Nantucket, M assachusctts 02554
Meeting Minutes for May 3, 1990 Page 15
18. No coastal engineering structure of any kind shall be
permitted on the property in the future to protect the
project allowed by this Order. Section 310 CMR 10.30 (3)
of the Wetlands Regulations, promulgated under MGL Chapter
131, Section 40, requires that no coastal engineering
structure, such as bulkhead, revetment, or seawall, shall
be permitted on an eroding bank at any time in the future
to protect the project allowed by this Order of Conditions.
19. The driveway shall follow the route flagged with yellow
flags, as shown on the final approved plan. This driveway
shall serve both Lot 2 and Lot 3, as shown on plan #2350 by
John J. Shugrue, Inc., entitled "Plan of Land in Nantucket
MA, Scale 1"=40', February 29, 1988.. .Property of E.
Garrett Bewkes," as signed by the Nantucket Planning Board
January 22, 1988 (Planning Board File #3426). No new
entrance from Wauwinet Road is allowed in the future.
20. For the construction of the driveway, no more than 2,060
square feet of wetland may be disturbed, no more than 76
cubic yards of fill may be added, and no more than 30 trees
may be removed from the defined wetland area.
21. The driveway must have a pervious traveled surface no wider
than 12 feet, with a 5-foot-wide shoulder/slope on either
side of the traveled surface. Thus, the overall width of
the fill shall be no wider than 22 feet.
22. The partial filling of the swale near the house site will
be in accordance with the "DUPLICATION WETLAND AREA" shown
on the plan entitled "Site Development Plan," revised 5-2-
90 and received by the Commission 5-3-90.
UNDER THE NANTUCKET WETLANDS BYLAW ONLY:
The Commission hereby grants the applicant two waivers from
Section 3.02(B)(1) of the Wetlands Protection Regulations of the
Town of Nantucket, under the Nantucket Wetlands Bylaw (Chapter
136). This secti~n requires at least a 25-foot natural
undisturbed area adjacent to vegetated wetlands. The
construction of the driveway and the filling of part of the swale
to the north of the house site would otherwise be prohibited by
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 16
this regulation. However, because the applicant in each case has
made a clear and convincing showing that 1) there are no
reasonable conditions or alternatives that would allow the
project to proceed in compliance with the regulations and 2) the
project, or its natural and consequential effects, will not have
any adverse effects upon any of the Interests protected by the
Bylaw, these waivers are granted under the authority of Section
1.03(F)(2)(a) of the Wetlands Protection Regulations of the Town
of Nantucket.
###
2. CERTIFICATE OF COMPLIANCE
a. Bewkes - 13 Crow's Nest Way - SE48-98 (12-19)
MOTION: To continue for additional information at the
request of the applicant was made and seconded.
UNANIMOUS
b. Greenhill - Hoicks Hollow Road - SE48-398 (23-1)
<Discussed during the Hearing for the Determination.)
c. Morton - Wauwinet Road - SE48-282 (12-14)
Mr. McKelway summarizes the two files and the letter from
Mrs. Morton. He explains that when he was out to inspect the
driveway, he also inspected the house (SE48-341) and
discovered an unpermitted second-floor deck.
Mr. Wasierski reads the inspection report.
MOTION: To issue the Certificate of Compliance when
properly requested and to write the applicant explaining
what is needed was made and seconded.
UNANIMOUS
d. Cross/Barr - Crow's Nest Way
SE48-347 (12-16)
e. Cross/Barr - Crow's Nest Way - SE48-360 (12-16)
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chcstnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 17
NOTE: Both requests were handled at the same time.
Present were Ken Cross and Joan Barr, applicants.
Mr. Wasierski reads the inspection report and asks why the
lattice was not put around the house.
Mr. Cross responds that he thought that it was optional.
Without the lattice there is more light getting under the
house allowing the vegetation to grow.
Mr. Dunn asks if there is any sign of blowouts?
Mr. McKelway responds that there is none.
MOTION: To issue a Certificate of Compliance for both
projects was made and seconded. (The house authorized by
the first Order was never built.)
UNANIMOUS
f. Gamble - Pocomo Road - SE48-232 (15-43)
MOTION: To issue the Compliance stating that the work
was never done was made and seconded.
UNANIMOUS
g. O'Brien - Medouie Creek - SE48-009 (20-25)
Mr. McKelway states that the Commission years ago held up
this Certificate only because there was no proof of recording,
but such proof has now been received.
MOTION: To issue the Certificate of Compliance was made
and seconded.
UNANIMOUS
3. OTHER BUSINESS
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 18
a. Cranberry Construction - SE48-425 (41-227) Minor mod.
Present for the applicant was Melissa Philbrick.
Mrs. Philbrick explains that the changes are that the
houses have been moved back and the decks have been added to
the houses, nothing else is different.
The Commission asks her if those are the only changes on
the new plan. Mrs. Philbrick responds in the affirmative,
adding, "I swear to God."
MOTION: To accept these changes as a minor modification
was made and seconded.
UNANIMOUS
b. Gillies - Wauwinet - SE48-574 - Minor Modification
Mr. Wasierski reads the letter from David Haines of Haines
Engineering, requesting a change in the lattice.
MOTION: To accept the change as a minor modification to
the project was made and seconded.
UNANIMOUS
c. Conservation Restriction - Santa Rita R.T.- final draft
Commissioners Dunn and Visco abstain from the
discussion.
Mr. McKelway states that all five lots have been placed
under the Santa Rita Trust and adds that Dawn Darbey,
Executive Director of the Land Bank, has requested some
changes to the draft restriction. He points out that each
Commissioner has been given a copy of the draft in order to
read it at home and be prepared to sign it May 17th.
After some discussion between the Commission and Mrs.
Philbrick, it was agreed that she would discuss with the Land
Bank their changes and try to iron out the differences.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 19
d. Letter to Carl Borchert
<This had already been signed by the Chairman.)
e. Reid White pier - correspondence - next move?
Mr. McKelway explains the history of the case and the
correspondence with the owner.
Mr. Visco recommends that no further action be taken.
MaTrON: To take no further action in this matter was
made and seconded.
In favor: Visco, Cranston
Opposed : Dunn
f. Choose candidate for Commission vacancy
Mr. McKelway reads the names of the candidates and the
Commissioners pass around the letters of application.
Candidates: David Visco, Diane McColl, Andrea
Stevens, Dan Kelliher, John McLaughlin,
Mark Barber, Laura Hussey.
Recommendation Andrea Stevens - Dunwiddie, Willet, Dunn
Dan Kelliher - Visco, Cranston, Wasierski
g. Personnel change form - sign
The Commission sign the change form.
h. New HWH report & upcoming BOH hearing:extra suggestions?
Mr. McKelway states that the Commission could recommend
some additional changes to the Board of Health regulations at
the upcoming Public Hearing, pointing out that each
Commissioner had a copy of his memo suggesting certain
changes.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 3, 1990 Page 20
MOTION: To take no action and make no recommendations
was made and seconded.
UNANIMOUS
i. Next two meetings (May 17 & 31) in N.H.S. CAFETERIA
4. CORRESPONDENCE
5. MINUTE:.;); fer
, 1 1 19, 1990
MOTrON: To approve the minutes as drafted was made and
seconded.
UNANIMOUS
6. 8ILLS TO BE PGTQ
7. FIELD INSPECTIONS - MONDAY, May 14, 1990 at 4:00 PM
The meeting was adjourned at 9:55 PM
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