HomeMy WebLinkAbout1990-05-17
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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.
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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.
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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
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-,-_.,. .--..........-
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
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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?
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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