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HomeMy WebLinkAbout1990-05-17 itci' '&/'f tin Hantucket S~t~Y!!2RS Dear Abutter: Pursuant to Chapter 136t section 3, paragraph D of the Town of Nantucket Code, you are hereby being notified that the applicant named on the enclosed NOTICE OF PUBLIC MEETING, shall be heard by the local Conservation Commission on the specified date as noted. The application, as filed, can be reviewed at the Conservation Commission Office on 5 East Chestnut Street, Nantucket Massachusetts. Very truly yours, Nantucket Surveyor's, Inc. ~w j1(a; ~ 1'99c)~ ~4-;-&Fr-~ NOTICE OF PUBLIC MEETING Pursuant to Regulation 310 CMR 10.5 (b) 1. for the Wetlands Protection Act Massachusetts General Laws, Chapter 131, Section 40 and Nantucket By-Laws, Chapter 136, Section 4, the Request for Determination of Applicability filed by Charles Darby to construct a single family dwelling within 100 feet of a coastal bank for property located at 119 Baxter Road (Map 48 Parcel 7) will be determined at the Regular meeting to be held on May 17, 1990 at 7:00 PM at the Large Group Instructional Room at the Nantucket High School. NANTUCKET CONSERVATION COMMISSION WILLIAM WILLET, Chairman Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 MEETING MINUTES FOR MAY 17. 1990 The meeting was called to order at 7:03 PM in the Nantucket High School Cafeteria. Commissioners present were William Willet, Granville Cranston, Peter Dunwiddie, Henry Wasierski, Donald Visco, Lee Dunn and new Commissioner Dan Kelliher. Also present were Ben McKelway, Administrator and Bruce Perry, Secretary. The Commissioners were polled and voted to go into Executive Session with Dr. Dunwiddie abstaining on the vote at 7:18 PM. ~ EXECUTIVE SESSION a. Litigation - was not discussed b. Discussion of filing criminal complaints, etc. b. Approval of Minutes for April 5 and May 3, 1990 The open session was reconvened at 7:50 PM B. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC Ian Golding and Jim Mauser were present and wanted to discuss some correspondence that they had received from the Commission. Mr. McKelway summarized the situation, commenting that a dirt pile from a foundation excavation was piled approximately 70 to 80 feet from a wetland. The dirt is on a steep slope and could run down the hill to the wetland. Mr. Willet asks if the dirt is a threat to the wetland? Mr. McKelway responds that presently it is not an immediate problem but some measures should be in place. The work is within the Commission's jurisdiction and is being done without a filing, he adds. He explains the location of the lot to the Commissioners. Dr. Dunwiddie comments that the wetland at the bottom of the hill was looked at when the Commission discussed the Dias road crossing and that it was a viable wetland. Mr. Golding states that he would rather settle this issue informally, saving the time and money needed to file. /r~!?/.~ /J;/lfv1 )J/t~ Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 2 Mr. Dunn comments that he does not see how they cannot file, it is within the Commission's jurisdiction Mr. Willet suggests that it is quicker to file the application rather than waiting to have the Commission come out and inspect the property and then require a formal filing. Mr. Golding states that all the other homes on the road have been built without a permit. This is the last one to build. Mr. Willet states that it is a matter of timing and that the area has had the attention of the Commission due to the prior filing. The Commission's consensus is to have them file a RFD and put up some hay bales up between the dirt pile and the wetland. c. PUBLIC HEARINGS 1. Francis - 41 Dukes Road - NAN89-003 (56-327) * 7. Francis 41 Dukes Road - (56-327) **** Both of these filings were discussed at the same time **** Present for the applicant was Bob Emack of Nantucket Surveyors. Mr. McKelway summarizes the files, commenting that the Commission had been waiting for a revised plan that would allow the leaching facility to be outside of a 100 feet to a wetland. The applicants have submitted a revised plan for the leaching systems. Mr. E~ack adds that both leaching systems will be put on the same lot (Parcel 328). Both systems will be outside of 100 feet to the wetland, both houses will be out of the 50 foot buffer and both driveways will be outside the 25 foot buffer zone. After reviewing the plans, Dr. Dunwiddie commends Mr. Emack for his ingenuity in taking the ~nmmjssion's rnnrerns into Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 3 account and designing a way to respond to them. He asks if all the shaded areas are to be brushcut ? Mr. Emack responds that the applicant wants the ability to do the cutting if it is necessary. Cheryl Creighton of the Nantucket Land Council asks if there will be a permanent easement on the deed to allow the septic design. Mr. Emack responds that the easement would be in place before DEP approval of the file, but he wanted to see if this design would receive the Commission's approval before the effort to write up the easement was done. Mr. Perry asks if it is possible to use a common driveway instead two separate ones. Mr. Emack responds that it is possible only if two driveways would be a problem to the Commission; both are outside the 25 foot buffer area. Ms. Creighton comments that the whole septic issue had sparked controversy and commends Mr. Emack for redesigning the proposal, but she would like to see the easement in place before the file is closed. MOTION: To continue both hearings at the applicant's request, for additional information (easement in place on the two lots) and a DEP file number on the State NOI was made and seconded. UNANIMOUS 2. Hartrick - 31 Baxter Road - (49.2.3-8) Present for the applicant was David Wiley. Mr. Wiley asks if the Commission would close the file without a file in anticipation of receiving it in the next weeks ? Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 4 Mr. Willet responds that the Commission does not close the hearings unless there is a file number, in case the state has some questions concerning the file that the Commission did not ask. MOTION: To continue for a DEP file number at the request of the applicant was made and seconded. UNANIMOUS 3. Santa Rita Trust - Polpis Road SE48-585 (26-22.1,22.4) Commissioners Donald Visco and Lee Dunn abstain from any discussion and vote. ., .". Present were the applicant Randy Sharp, Melissa Philbrick, counsel and Jeff Blackwell, surveyor. Mr. Blackwell explains some changes that have been made to the plans. The location of the walking path has been changed as discussed in the field. There is still a 90 - 100 foot catwalk on the marsh as the path goes in front of the proposed building location. Mrs. Philbrick states that the State regulations do not require replication for the catwalks on the salt marsh but would requIre replication for the brush cut walkway within the Bordering Vegetated Wetland. Dr. Dunwiddie states that it would be absurd for the Commission to require replication for this walkway, the location does not allow it. The walking path will not be used by a large number of people and will have less impact on the resource area than the catwalks, he adds. Mr. Wasierski asks the width of the catwalk. Mr. Blackwell it is proposed to be 3' 8" wide and elevated 3 feet off the marsh. Dr. Dunwiddie responds that there had been agreement on the fact that the elevation could be less than the three originally proposed. ,:; '"~-'<""".,;~",.m Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 5 Mr. McKelway submits photocopied pages from a DEP guide to coastal regulations as some suggestion to possible conditions in the Order. Mr. Willet asks about the changes in the lower portion of the path ? Mrs. Philbrick responds that the applicant is trying to find an alternate location for the walkway and they are trying to connect to the harbor access through a system of boardwalks and while the applicant has control of both of these lots and is committed to resolve this issue, the catwalk close to the shore using new materials that are becoming available ("plastic wood") and that is of low visible impact to the lot that it crosses is possible. But she adds, if the applicant looses control of one of the lots, then the new applicant can propose a catwalk that goes directly across the marsh in everybody's view. She reiterates that State regulations would require replication to maintain a walking path in BVW. Mr. McKelway adds that he had talked with Lealdon Langley at DEP and he had stated that brushcutting is an alteration of the wetland. He said he would talk to DEP about the replication issue. Dr. Dunwiddie states that he is not sure that a new owner of the lot would rather have a long catwalk across the lot instead of a natural walkway. Ml-. Sharp explains that the proposed house elevation would be at 12 feet with the marsh elevation being at 5 feet. This would allow for some vertical separation from the house to the catwalk. Mr. Willet responds that it will be seen by the other lot owners and by people using the water. Dr. Dunwiddie envisions a predominantly "upland path" (off the marsh). The brushcutting that has already occurred in the wetland could be allowed to grow up and screen the path from thp housp. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 6 Mr. Sharp responds that the path would still be close to the house, "almost in the backyard". Mr. McKelway states that the Conservation Restriction (CR) does not allow for additional access to the harbor except from lot 21. He asks for clarification of their previous comments. Mrs. Philbrick reads the section in the Restriction pertaining to harbor access. She adds that the CR allows boardwalks across the marsh to get to the lot 21 access point. If lot 24 were not in common ownership with lot 21, then they would be required to apply for a catwalk to allow them access to the harbor. Dr. Dunwiddie states that the applicant's case would be stronger if the new owner were standing in front of the Commission asking for the catwalks over the walking path. Ms. Creighton comments that the intent of the Conservation Restriction is to keep the access points as natural as possible. Mr. Sharp comments that the path would be close to the house and have people walking through the backyard. Mr. Willet responds that the numbers of people would be very small. Dr. Dunwiddie states that a few places look close to the house but the vegetation should be allowed to grow back and in some areas careful landscaping would provide screening. MOTION: To continue the hearing at the request of the applicant for more information was made and seconded. UNANIMOUS 4. Anathan - Pocomo Road - SE48-586 (15-40) MOTION: To close the hearing and draft an Order of Conditions was made and seconded. UNANIMOUS Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 7 * 5. VanGreenby - Long Pond Drive - SE48-587 - (59-17) Present for the applicant was John Shugrue, engineer. Mr. Willet reads the inspection report. Mr. Shugrue agrees with the inspection recommendation of the change in the wetland boundary and allowing the vegetation to grow back except for a path 4-6 feet wide to get to the walkway. He also states that if the walkway is lowered to one foot above the marsh, that the pier and float can be reduced in size. Mr. McKelway submits a handout from DEP concerning guidelines for permitting piers and docks on salt ponds. He adds that he feel that a Chapter 91 licence will be required for the project. Mr. Perry suggests that the applicant look into using "plastic wood" to reduce the potential impacts to the marsh from the use of treated lumber and Mr. Shugrue asked for additional information on the material. Mr. McKelway stated that this pier might be prohibited under the Town Meeting article prohibiting piers on shorefront property. Mr. Shugrue states that the issue is a zoning matter and will be addressed when the application is made to the building department. After some discussion concerning the size of the pier and float the hearing was continued as follows. MOTION: To continue the hearing at the request of the applicant for the following information as discussed: 1.) Change in the wetland boundary as agreed. 2.) Reduce the float size to be 8' x 12'. 3.) Reduce the pier length to five feet. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 8 4.) Reduce the catwalk elevation to one foot off the marsh instead the proposed three. 5.) Show on a plan a reduction in the width of the brush cut path and limit to only one path to the pond. Made and seconded. UNANIMOUS * 6. Robert - Beechwood Road - (25-37) Commissioner Willet abstains from the discussion and any vote. Present for the applicant was John Shugrue, engineer. Dr. Dunwiddie reads the inspection report. Mr. Shugrue explains the project as being a pool house for the pool. Mr. McKelway states that at the field inspection Mr. Shugrue had stated that the dirt would be removed within 48 hours. He asks if this has been done? Mr. Shugrue responds that he had said once the backfilling of the foundation had started, then it would only take 48 hours to remove all the dirt. There are still some foundation work to be done before backfilling can start. Mr. Visco states that there is no problem with the siltation of the wetland due to the soil being heavy clay soil. After some more discussion, Mr. Shugrue agrees to have the dirt pile removed before the next meeting. MOTION: To continue the hearing for a file number was made and seconded. UNANIMOUS Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 9 * 7. Francis - 41 Dukes Road - (56-327) MOTION: To continue the hearing for additional information and a DEP file number as discussed above was made and seconded. UNANIMOUS * 8. Francis - 39 Dukes Road - (56-328) MOTION: To continue the hearing for additional information and a DEP file number as discussed above was made and seconded. UNANIMOUS ~. REGULAR MEETING 1. REQUEST FOR DETERMINATION a. Greenhill - off Hoicks Hollow Road (23-1) b. Greenhill - Hoicks Hollow Road - SE48-389 (23-1) (COC) k. Evans - Hoicks Hollow Road - SE48-134 (23-1) **** NOTE: As with the last meeting, these files were discussed together. **** Commissioners William Willet and Peter Dunwiddie abstain from any discussion and votes. Present for the applicants were Melissa Philbrick, counsel; John Shugrue, engineer; Fred Church, project coordinator. Mr. Shugrue submits a new colored plan as requested by the Commission at the last meeting. Mrs. Philbrick explains the color coding as follows: Orange - preexisted Evans NOI (SE48-134) Pink - approved in Greenhill NOT (SE48-389) Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 10 Green - not approved walkways, buildings, piers, etc. She continues, stating that more ground cover was approved for structures than was used, approximately 600 square feet. The location of the buildings were rearranged. On the other hand, she explained that there was 700 additional square feet built of decks and walkways that were built that were not in accordance with the approved plans. She adds that it is her impression that there was not a problem with the structures built with the expired permit (SE48-389), but with the stairs and landing at the pond. She shows that Commission photographs that place the date of the walkways and stairs to the ocean before the existence of the Wetlands Protection Act and said that she would submit an aerial photograph that will confirm this. She suggests that a new NO! be filed to validate the unpermitted construction at the house and recommend changes to the pond structures that will make the Commission comfortable. She adds that the changes made at the pond without permission are in a "different quality" than the changes at the house. Mr. McKelway states that the file could be cleaned up some- what in the same fashion as the Shapiro filing, with a partial COCs be issued for SE48-389. Mrs. Philbrick discusses the changes on the pond construction and highlights the differences. Mr. Visco responds that the Commissioners at the field inspection did not have a problem with the stair construction, landing at the top or the boat rails. The problem arises comes with the platform at the bottom, he states. Mrs. Philbrick agrees that the platform at the pond shore has increased in size over what was approved. Mr. Wasierski states that he would like to see the platform return to the size approved in the NO! (SE48-389). He asks if there is any intent to have an additional pond access for the new house that is going to be proposed soon? Mrs. Philbrick responds that the applicants intend that this he the sole access for the entire property, which coulrl be subdivided. She adds that the applicants that the Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 11 previously approved B'x10' size platform does not meet their needs. Mr. Wasierski states that they need to scale the platform down from the existing size but could possibly be larger than the approved size. Cheryl Creighton of the Nantucket Land Council states she is concerned with the total use of a large but sensitive property and suggests that the proposed work be as minimal as possible. MOTION: To not issue the Certificate of Compliance at this time pending the receipt of a new NOI to cover discrepancies as discussed previously was made and seconded. UNANIMOUS Mrs. Philbrick explains the proposal in the RFD and states that only a small amount of the proposed work is within the resource area. MOTION: To issue a negative Determination that the project is within the buffer zone but will not alter was made and seconded. UNANIMOUS At this time Ellen Ray, from the audience, questions the Commission on why the applicants were not fined for their unpermitted activities under the Commission's jurisdiction. Mr. Visco responds that there was no intent to violate the regulations made by the owners. It was a result of a lot of confusion during construction. Mr. Dunn adds that unfortunately the issue is not as black and white in reality that there are grey areas that this instance falls into. Ml-. McKelv"ay sairl th"t, leCJallv ""peakin'], intent js immaterial. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 12 * b. Darby - Baxter Road - (48-7) Present were the applicants Mr. and Mrs. Charles Darby and Glen Wills, surveyor from Nantucket Surveyors. Mr. Wills submits a new plan showing the house located 67 feet from the top of the bank. Calculations on the erosion rate show a rate of approximately seven inches per year. He suggests that the project will be done in two stages. First the bank face will be stabilized using a Hydro-mulching machine; rosa rugosa will be planted in a 10 to 15 foot strip at the top of the bank; the limit of work fence will be erected at the edge of the plantings. Second will be the construction of the house, regrading of the property as required by the HOC. Mr. McKelway asks how far down the bank the seeding will reach ? Mr. Wills responds that the machinery can shoot 40 - 50 feet so it might reach to the bottom of the bank. Dr. Dunwiddie states that the erosion rate has substantially increased in the last five to ten years. He asks if the applicants are.aware of this fact and are willing to accept the risks? Mr. Darby responds that they aware of the situation. The Board of Appeals, in allowing their variance to place the house 10 feet form the property line, required that the house be removed at our (the Darby's) expense. He adds that they own a lot down the road where the house could be moved. Mr. Wills comments that the major cause of the erosion at the top of the bank is the result of foot traffic. The Town has erected a fence at the edge of their property to help stop this. He adds that only half of the project is within 100 feet of the bank and none of the excavated material will be stored between the house and the bank. M~. Darby adds that h~ will make sure thp rlir~ is stored at least 100 feet from the bank. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 13 Dr. Dunwiddie adds that the contours of the property are sloping away from the bank and that siltation should not be carried toward the bank. MOTION: To issue a negative Determination with the following conditions: 1.) All the dirt will be stored outside of 100 feet from the bank or off the lot. 2.) The landscaping work will be done before the construction on the house starts. Made and seconded UNANIMOUS * c. Berman - Pond Drive - (56-153) Present for the applicant was Shamus Hayes of Nantucket Surveyors. Dr. Dunwiddie reads the inspection report. MOTION: To issue a negative Determination as recommendation in the inspection report was made and seconded. UNANIMOUS 2. ORDER OF CONDITIONS a. Anathan - Pocomo Road - SE48-586 (15-40) MOTION: To issue the Order of Conditions as drafted was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS JAMES ANA THAN f)'r-p FILE NUMBER SElIA - ~!=VJ ASSESSOR'S MAP 15, PARCEL 40 ,..'-;:::,...-,..,""'''"'''''''.''''...........,~~-.''. -,-_.,. .--..........- Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 14 84 POCOMO ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) AND 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, 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. 4. The applicant, owners, successors or assignees shall be responsible for maintaining the stairway site, assuring the lasting integrity of any vegetative cover on the site and monitoring site activities so as to prevent erosion, siltation, sedimentation, chemical contamination or other detrimental impact to the bank or beach. 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. 5. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 6. 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. 7. 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 resource area. 8. An as-built plan shall be submitted at the same time as a \'!ri+~.- r''''-''ql.IP(~:t t-(';I- (3 Ce,-.ti.Fictl+~~., of CC.~r;'1aT'lCe a!~rl c:-~;~J1 ,-~'."""'''-~'~ _ ,- :~.:,.;:;. ':;-.r.c;. ~c.;':~~'1'~",,;,"- ~~;-~..:::. .:~:::::." Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 15 specify how, if at all, the completed project differs from the final approved plan. 9. This Order of Conditions shall apply to any successor in interest or successor in control of the property. ### 3. CERTIFICATE OF COMPLIANCE a. Bewkes - 13 Crow's Nest Way - SE48-98 (12-19) MOTION: To continue for additional information from the applicant was made and seconded. UNANIMOUS b. Greenhill - Hoicks Hollow Road - SE48-398 (23-1) ( DISCUSSED ABOVE ) c. Hunter - Coatue - SE48-105 - (17-5) Present was Craig Hunter, applicant. Mr. McKelway states that the applicant had submitted an as- built plan for the house location earlier in the day. Ms. Hunter explains the project and states that the septic system was not installed due to the sensitivity of the area. The septic design was done solely to be able to get the building permit for moving the house, she adds. She shows the Commission pictures of the house before and after the move and explains that the house was taken apart and moved to its new location all by hand, to avoid additional disturbance of the area. Dr. Dunwiddie comments that Ms. Hunter should be commended for her extraordinary efforts to protect the area. MOTION: To issue a Certificate of Compliance was made and seconded. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 16 UNANIMOUS d. O'Neill - Wauwinet - SE48-58 - (11-25) MOTION: To issue the Certificate of Compliance as recommended was made and seconded. UNANIMOUS e. Horgan - Wauwinet - SE48-205 - (11-23) Dr. Dunwiddie reads the inspection report. MOTION: To issue the Certificate of Compliance as recommended was made and seconded. UNANIMOUS f. Williams - Wauwinet - SE48-210 - (12-4) Mr. Willet reads the inspection report that states that the Commission still needs a letter from a professional to meet State regulations. After some discussion Mr. Visco suggests that the applicant could get a copy of the as-built of the septic system from the Health Department. MOTION: To continue the request for additional information from the applicant was made and seconded. UNANIMOUS g. Berrian - Quaise Road - SE48-399 - (26-11) Dr. Dunwiddie reads the inspection report, which recommends issuance of the Certificate. MOTION: To issue the Certificate of Compliance as recommended was made and seconded. UNANIMOUS Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 17 h. Keates - Wauwinet - SE48-149 (11-27.4) Commissioner Lee Dunn abstains from the discussion and vote as a Commissioner but reserves the right to comment as a private citizen. Dr. Dunwiddie reads the inspection report. Mr. Dunn states that the addition was built in 1980. The applicant had requested a Certificate years ago but the Commissioners wanted to see more vegetation, he says, adding that there is no question in his mind that the old Commission would have issued the Certificate. Mr. Willet agrees that the project has some discrepancies form the approved plan and he suggests that an as-built plan will help the Commission in verifying what is in place at the present time. MOTION: To not issue the Certificate until the receipt of a as-built plan was made and seconded. UNANIMOUS i. Wauwinet House (tennis court) SE48-495 (12-46) Present for the applicant was Russ Cleveland, manager and Melissa Philbrick, counsel. Mr. Wasierski reads the inspection report which states that the dead trees had been replaced as requested by the Commission. MOTION: To issue the Certificate as requested was made and seconded. UNANIMOUS j. Winn/Wilson - Millbrook Rd. - SE48-272 (56-232.1) Present was Beau Wilson. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 18 Mr. McKelway states that he had been out to the site and comments that the sod is in place but the reseeded area has not grown in. He submits pictures of the site. Mr. Wilson responds that the area has been reseeded but the seed has not germinated. Mr. Dunn comments after looking at the pictures that the wetland has not been revegetated properly and suggests that the applicant wait. MOTION: To not refund Mr. Wilson's $1,000 at this time was made and seconded. UNANIMOUS k. Evans - Hoicks Hollow Road - SE48-134 (23-1) ( DISCUSSED ABOVE ) 4. EXTENSION PERMIT a. Lehman/Kobacker - SE48-430 (54-51) Present for the applicant was Melissa Philbrick, counse I. Mr. McKelway states that he had inspected the site and that the siltation measures were in place and that there was grass growing on both sides of the staked hay bales, as requested by the Commission. MOTION: To issue an Extension Permit for one year from the expiration of the Order of Conditions was made and seconded. UNANIMOUS 5. PLANNING BOARD REFERRAL a. David Jay - Quaise Pasture Road Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 19 MOTION: To send a letter to the Planning Board stating that all the lots are subject to the Wetlands Protection Act was made and seconded. UNANIMOUS 6. OTHER BUSINESS a. Policy on Certificate of Compliance enforcement Mr. McKelway asks the Commission for any policy recommendations concerning further steps that the Commission might want to take to get people to come in for Compliance. Dr. Dunwiddie asks if the State has any policy for this problem and suggests that MACC and other Commissions in the state be contacted to see what they do. Mr. McKelway agreed to look into this. b. Wetland Delineation Workshop - permission to attend MOTION: To send Bruce Perry to the seminar on Saturday May 19, 2990 was made and seconded. UNANIMOUS c. New BOH regulations - Ben's suggestions Mr. Willet asks if the Commission would like to adopt these recommendations and send them on to the Board of Health <BOH) for action. Mr. Visco states that it is already within the BOH's authority to see the records of businesses that pump out septic systems. He says that he cannot refuse the request to look at the information and that there is case law supporting that point. Mr. McKelway asks if the Commission has any problem if he submits a letter as an individual? ~_"__'_~V__4'__"_______"_'''' _ ,- -> ~ . . .... - - _. .~.,'," _... ".-.. . . - ... -.. ~".- ~-_.'" ...,.,..t.,.,.,...V-:.v....".,...-:;"....~.""'..- , " Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes May 17, 1990 Page 20 The consensus of the Commission is that it would not be a problem as long as the letter was clear that it was being submitted as a member of the public. d. Next meeting (May 31) in N.H.S. CAFETERIA upstairs e. Conservation Restrictions - Sharp and Fishers Landing Mrs. Philbrick states that she is still trying to contact the Land Bank to resolve the differences and comments regarding the Sharp C.R. No action. Mr. McKelway says action on the Fishers Landing CR was not necessary tonight because the Zoning Board of Appeals put off the matter. f. Decision on additional terms for Commissioners Mr. Cranston states that he would like to be reappointed for another term while Mr. Dunn states that he would not like to be reappointed, commenting that six years is enough for any sane person to serve. 7. CORRESPONDENCE 8. MINUTES: for May 3, 1990 MOTION: To approve as drafted was made and seconded. UNANIMOUS 9. BILLS TO BE PAID 10.FIELD INSPECTIONS - TUESDAY, May 29, 1990 at 4:00 PM The meeting was adjourned at 10:15 PM