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HomeMy WebLinkAbout1990-06-14 Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 MEETING MINUTES FOR JUNE 14. 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 Peter Dunwiddie, Henry Wasierski, Donald Visco, Granville Cranston, Dan Kelliher and Lee Dunn. Also present were Ben McKelway, Administrator and Bruce Perry, Secretary. The Commissioners were polled and voted unanimously to go into Executive Session. A EXECUTIVE SESSION a. Litigation b. Approval of Minutes of May 17, 1990 The open pOI-tion of the meeting was reconvened at 7:42 PM. ~ COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC fJOf\lE C. PUBLIC HEARINGS 1. David Jay Quaise Pasture Road NAN90-006 <26-20.3) * 6. David Jay - Quaise Pasture Road - SE48-593 (26-20.3) **** Discussed concurrently **** Present for the applicant was Melissa PhilbricJ~ of Vaughan, Dale & Philbrick. Mrs. Philbrick states that she would like to open the public hearing fo, the State NOr and incorporate all the discussions, plans and information that was contained in the local NOI that has been open since last year. Mr. Dunn asks if the state has all the information that has been presented in the local file? Mrs. Philbrick states that most of the information given the state had to do with the road and the subdivision layout which the state NO! addresses. Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for June 14, 1990 Page 2 MOTION: To incorporate all the information contained in the local NOI into the newly opened State NOI was made and seconded. UNANIMOUS Mrs. Philbrick states that she had presented the Commission's staff with a copy of the Planning Board's recommendation. They have recommended a 14 foot wide road asphalt road surface with stabilized gravel to extend one foot on either side of the road. This shoulder is to be covered with loam and seeded. The traveled way is going to paved a~d sealed with gravel chips, she says. The Tow~'s engineer has suggested that the road surface be brought up six inches where to sight distances are too short to allow 25 MPH road speeds! she adds. She asks that the Commission continue the hearlng for two weeks to allow their engineer time to recalculate the rl"-~~Y""..:.no ~. _."-'::I~' Mr. Visco states that this road treatment is not cost effective and a waste of money. Mrs. Philbrick responds that David Jay is interested in aesthetics of the property. Mr. Dunn states that he thought that the Commission had already decided on the road surface months ago and at that time the Commission was worried about the road getting excessively wider as people try to avoid holes. Mr. Visco responds that there has been a hue and cry over the paving of the moors with ribbons of asphalt for these subdivisions. This is going to be a common driveway; the Town is neVEr going to take it; with the declarations of trust and the endowment fund that the Planning Board now requires, the problem of road maintenance is greatly reduced. Mrs Philbrick states that some of the Planning Board members have said that a maximum of three houses would be allowed to have a gravel driveway and with the number of houses already existing and proposed that is not possible. ~"'. .. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for June 14, 1990 Page 3 Dr. Dunwiddie says that it is worth a try to see if the Planning Board will approve pervious surface. Mr. Dunn states that the Commission cannot be sure the road 4 will remain in good condition and stay in the same place. Mr. Visco states that this will be a private way and why should the Commission worry about the condition of the road. MOTION: To continue the hearing at the applicant's request and to have a representative of the Commission attend the Planning Board hearing was made and seconded. Commissioner Dunn is opposed - all others in favor. Commissioners Wasierski and Visco volunteer to speak about the road surface at the Planning Board meeting June 25. Mr. Mcb:elway states that the Planning Board's staff report talks about eight lots while the NO! discus:es ten. Mrs. Philbrick ,-esponds that the narrative for the NOr is 1 ncor l-ec t. Mr. McKelway as~s about a conservation restriction on the strip of land along the road. Mrs. Philbrick responds that there will be a permanent restriction on one side of the road that will prevent future owners coming before the commission for waivers and wetland crossings. She adds that the Jays may want the flexibility to have other private conservation groups other than the Land Bank be the holders of the restriction and that they have talked with both the Conservation Foundation and the Land Council but there is nothing firm resulting. 2. Santa Rita Trust - 222 Polpis Road SE48-585 (26-22.1,22.4) Commissioners Don Visco and Lee Dunn abstain from the discussion and any vote. Present were Randy Sharp, applicant; Jeff Blackwell of Hart and Blackwell; Melissa Philbrick of Vaughan, Dale & Philbrick. ......'" " Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for June 14, 1990 Page 4 Mr. Blackwell submits a revised plan showing a large reduction in the needed catwalks and increased use of footpaths. He said the top of the decking of the catwalks is, for most of its length, approximately 18 inches above the marsh. Mr. Wasierski asks if the pier section is seasonal? Mr. Sharp responds that the pier would then have to be removed over the wetland and it would settle on the bottom during low tide. There was considerable discussion on various methods of supporting a floating pier off the harbor bottom and its resistance to ice effects. Mr. R i c h a 1- d Vag t com men t s t hat the Com m i s s 1 0 n see ITI s t 0 be deciding on not requiring a floating pier based solely on cost. Mr. Sharp states that he does not want to consider a floating pier but rather something that he could co~struct himself. Mr. Wasierski suggests a Condition in the Crder that Nould prohibit the annual jetting in to the posts. If the ice keeps pulling them out then replace it with a floating section. He adds that the ice will push up a 6x6 just like a three inch pipe. Mr. Blackwell submits a second plan showing the foot path in front of lot 21. He states that the need for the other catwalk has been eliminated and it will keep people off the marsh. MOTION: To accept the two plans, close the hearing, draft an Order of Conditions was made and seconded. UNANIMOUS Suggestions for additional conditions were to limit the foot path width to six feet maximum, not require replication for the altered BVW through which the path will be cut, state that replication had been discussed and the Commission had "' Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for June 14, 1990 Page 5 decided not to require it, if the rigid dock is to require excessive maintanence then the applicant is to go to a floating removable dock. 3. VanGreenby - Long Pond Drive - SE48-587 - (59-17) Present for the applicant was John Shugrue. Mr. McKelway states that the applicant had submitted a new plan as the Commission had requested last week. But he did not change the wetland boundary as agreed and he has added a boat house to the notice. He suggests the abutters need to be notified of this change because it is not minor. Mr. Shugrue comments that the applicant had mentioned the boat house during a conversation and he had inadvertentlv left it off the original plan. He also disagrees with his consent to moving the wetland boundary. Mr. P~rrv explalns that he and the chairman had inspected the lot when the NOI was filed. It was hard to determine the boundary at that time because of the brushcutting that had been done but he adds that he had revisited the lot before the meeting and the plants that have come up suggest that the boundary may be further back than originally suggested. He requests an additional inspection ~ow that a structure has been added to the plan. Dr. Dunwiddie agrees and has the file put on the next field inspection and requests that Mr. Shugrue renotify abutters of the change in plans giving the Commission a copy of what was sent out and a copy of the certified receipts. He asks if the use of "plastic wood" had been explored? Mr. Shugrue responds affirmatively and that structurally it IS vastly stronger than wood but its main drawback is that it lS to smooth to be used for posts. MOTION: To continue the hearing for an additional field inspection and more information was made and seconded. UNANIMOUS ;~i~',,j';;."'?,,,,, 01 Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for June 14, 1990 Page 6 4. Greenh i 11 ** 5. Greenhill Hoick's Hollow Road Hoick's Hollow Road SE48-592 (23-1) (23-1) Commissioner Peter Dunwiddie abstains from the discussion and any votes. Present for the applicant were John Shugrue and Melissa Philbrick, counsel. Mr. McKelway states that abutter notification for the latest file was mailed improperly and that the local portion of that file cannot be openej. M~s. Philbrick asks for a continuation of the hearing ~hile the Greenhills obtain some mGle information. Mr. Richard Vogt states that he has come up from and wishes to comment on the filings. He reiterates r~ew Haver. '-~.- II J. ~ concern that the project is being done piecemeal but each piece will have its effect. It is difficult to assess the overall effect of each piece of the project. He submits pictures taken from the pond showing the tree trunks visible from the water, osprey nesting platform and families of Canadian geese and other wildlife in the area. He stresses the need for a wildlife habitat study. He concludes that the Greenhills are not being malicious but just heavy footed with thei, projects. Cheryl Creighton states that the Nantucket soil survey shows that the soils in the area are very porous and vulnerable to erosion lf the vegetative cover is lost. With each encroachment there is the chance of increased erosion impacting the banks and shore. Mrs. Mary VanArsdale states that the ponds belong to the Nantucket natives and shows the Commission a copy of the Dunkin report confirming that. She adds that the Greenhills are trespassing with the pier into the pond. Mr. Visco states that the Commission had allowed the stairs and boat rails to remain as built but now the pier has been extended and a float added. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for June 14, 1990 Page 7 Mrs. Philbrick responds that in talking with the Greenhills, she has expressed the Commission's concerns and discussed a lot of ideas. They decided to file a separate NOI for the stairs, landings, and pier because they would follow a different course after the Commission's decision, she states. Mr. Visco states that after the first inspection the Commission asked that the "dance floor" by the pond be removed and brought into scale with what was approved. The applicants are showing no concern for the Commission's requests and maybe they are getting the wrong impression of these proceedings, he adds. Mrs Philbrick says that the flOat was seasonal aGd was lying on the shore during the inspection. They just put it out the same as they had done in the past. Mr. Wasierski responds that t0ey have extended something t~at is already in violation of wnat was permitted. It is time that something is rerr;oved. Mr. Visco states that he is reluctant to suggest an Enforcement Order but somethi~g has to be done to get their atteGtion. Mr. Wasierski asks how many piers could be approved along the pond such as this one? He suggests a minimum of 12 and states that he will not sit here and let that happen unchecked. Mrs. Philbrick counters that the Commission has a policy of allowing property owners access to the water. Mr. Wasierski states that if the Greenhills feel that they will have the backing of the Tow~ for anything they want to do on their property just because they have supported the pond study and other efforts to open the pond, then they are mistaken. Ms. Creighton states that the comparison between what was built and was permitted is that what was built is almost twice the size of what was permitted. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for June 14, 1990 Page 8 Mrs. Philbrick disagrees, but Mr. Wasierski states that this is true for the construction at the pond (stairs, landings, pier and float). Mr. Visco states that the Commission is not concerned with the additional work done up at the house but with the unpermitted work on the pond. He says that the work on the pond and pond shore should come into compliance by the next meeting or an enforcement order will be issued to require enfor-cement. Mrs. Philbrick states that she does not have the authority to order the work be done but only to come before the Commission to suggest a plan. Mr. Visco responds that the enforcement order will be issued at the next meeting if the prope:ty does not come into compliance. They are not getting the message from the Commission and maybe it will take this order to get their attention, he :dds. Mr. Dunn comments tnat the applicants were not reluctant to make the pier longer when they wanted. MOTION: To send a certified letter to the Greenhills requiring that the structures on the pond and pond shore be reduced to the permitted size before the next meeting, the work to be done by hand without the use of heavy equipment, and if not, further enforcement actions will be taken by the Commission was made and seconded. UNANIMOUS MOTION: To continue the hearing at the request of the applicant for additional information was made and seconded. UNANIMOUS * 7. Singleton - Hummock Pond Road - SE48-594 (56-122) Dr. Dunwiddie reads the inspection report and comments that the wetland boundary is very fuzzy in this area and that there is not much room to put this septic replacement. ,. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for June 14, 1990 Page 9 Mr. Visco states that the work will result ln a 1000 % improvement of the existing conditions. MOTION: To close the hearing and draft an Order of Conditions was made and seconded. Mr. Visco abstains from the vote, all others in favor. D. REGULAR MEETING 1. REQUEST FOR DETERMINATION * a. McI~tYle - 15 High Bush Path - (36-374) Dr. Dunwiddie reads the inspection report. MOTION: To issue a negative determinatio~ was made and 5ecD!lded. Ur\lAN I f'1CUS * b. Ammerman - 12 Austin Farm Drive - (56-396) Dr. Dunwiddie reads the inspection report. MOTION: To issue a negative determination was made and seconded. Ur\lAr'~ I MOUS 2. ORDER OF CONDITIONS a. Francis - 41 Dukes Road - NAN89-003 (56-327) b. Francis - 41 Dukes Road - SE48-589 (56-328) c. Francis - 39 Dukes Road - SE48-590 (56-328) **** Note: all these Orders were discussed concurrently. **** Present for the applicant was Bob Emack of Nantucket Surveyors. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for June 14, 1990 Page 10 Additional Special Condition # 15 - Mr. Emack states that his clients do not want the wording of the septic easement to be contingent on Commission approval. They would rather refer to the draft easement that was presented last week as something close to the final easement wording. Mr. Perry states that last week the applicant was very specific in his request that the draft easement not be identified in the Order of Conditions and that is the reason that this condition was put into the draft. Mr. Visco asks if the Town By-law requires a septic system to be on the same lot as it is serving ~ Mr. Emack resp0nds that is the case for the well only, and Cheryl Creighton adds that t~e septic tank is required to be on the same lot but the leach trenches can be off the lot. Dr. Dunwiddie reads a draft wording of Condition # 15 submitted by Mr. Emack. MOTION: To issue the Order of Conditions with the change to Condition #15 as received and discussed was made and seconded. UNANIMOUS d. Robert - Beechwood Road - SE48-588 (25-37) Mr. Wasierski questions the Commission's jurisdiction over whether or not to allow human habitation. He feels that it is an issue for the Building Commissioner. He suggests that the first sentence be deleted from that Condition. MOTION: To issue the Order as amended was made and seconded. UNANIMOUS 3. CERTIFICATE OF COMPLIANCE a. Morton - Wauwinet Road - SE48-282 (12-14) " Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for June 14, 1990 Page 11 Present for the applicant were Dick Earle and Glen Wills both from Nantucket Surveyors. Dr. Dunwiddie reads the inspection report. Mr. Earle submits a letter stating compliance and an as- built plan for the property which the Commission reviews. Mr. Wills states that the second story deck does not have stairs down to the ground. MOTION: To issue the Certificate of Compliance was made and seconded. Ui\jAr\J I MOUS b. Morton - Wauwinet Road - SE48-341 (12-14) Present for the applicant were Dick Wills both from Nantucket Surveyors. r- _ ._ , _ C.d! it=' - --' ::1tlW f'1 __ t.:l it='l: Dr. Dunwiddie reads the inspection report. MOTION: To issue the Certificate of Compliance was made and seconded. Ui'JA~,J I MOUS ~. Wauwinet House - Wauwinet - SE48-392 (12-46) Mr. McKelway states that after the last meeting, he and Jim Gay had gone over the file and he is satisfied with his answers. He suggests that Additional Special Condition # 11 be on-going. MOTION: To issue the Certificate of Compliance with the suggested on-going Condition was made and seconded. UNANIMOUS d. Hempleman - Hulbert Ave. - SE48-590 <29-14) JO Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for June 14, 1990 Page 12 Present for the applicant was John Shugrue. Mr. McKelway states that he had seen the property after the work was completed, before the railings were on, and it looked fine. Mr. Wasierski states that he had seen the work and the dune looked great and has complimented the contractor about it. His only regret is that there is the door to the outside that requires people to go onto the dune to get to the deck. MOTION: To issue the Certificate of Compliance was made and seconded. Mr. Dunn abstains from the vote - all others in favor. e. Hempleman Hulbert A\/e. SE48-273 (29-14) Present for the applicant was John Shugrue. Mr. Shugrue states tnat he thought that he would get a Certificate of Compliance for the house. Mr. McKelway states that the Ordel- of Conditions requires an as-built for the beach, deck, stairs and foundation, including a cross section. Mr. Dunn states that the house was built to low. How IS it ever going to comply? ^+ H" tt-lis time MI-. Shugrue agrees to draw the required plans. f. Woodbury Lane - partial compliance on Lot 5 - SE48-312 Present for the applicant was Renee Ceely of The Woodbury Company. Dr. Dunwiddie reads the inspection report that recommends on-going conditions. Ms. Ceely states that the on-going condition is unnecessary and suggests that the dates for the annual mowing be moved further back in the year but adds that she will come before the Commission at that time. .. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for June 14, 1990 Page 13 Mr. Perry explains his recommendation commenting that it will put the new owners on notice as to what is allowed in this area close to the wetland and the restricted area. MOTION: To issue the Certificate of Compliance with the on-going Condition as recommended was made and seconded. UNANIMOUS g. Collins - Polpis Road - SE48-159 (27-22) MOTION: To issue the certificate checking the boy. that states that the work was never started was made and se.=o nded . UNAN I r10US h. 8eal - Hallowell Lane SE48-400 (30-13) Present for the applicant was Mark Avery of Design Associates. Dr. Dunwiddie reads the inspection report, which lists a number of discrepancies from what was approved. Mr. McKelway states that Condition # 15 specifically states that no gutters will be allowed on the north roof and there are gutters there. M,. Avery explains the reason for the gutters was do reduce the concentrated flow of rainwater coming off the roof. He states that the down spouts empty into a perforated PVC pipe that spreads the water out over the roof of the first story covered deck. This reduces the concentrated flow of water and is in keeping with the intent of the Order. Mr. Wasierski agrees with the idea but states that the applicant should have come before the Commission before the change was made. Mr. Avery comments that the reason that the semi-circular deck is built larger than proposed because the mason put the Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for June 14, 1990 Page 14 piers in the wrong place. He had no excuses for the other deck changes. MOTION: To issue the Certificate as requested was made and seconded. Mr, Dunn and Visco abstain and all others in favor. 4. OTHER BUSINESS a. Conservation Restrictions - Sharp a~d Fishers Landing Mrs. Philbrick states that the CR for Randy Sharp should be ready for the next meeting. Mr. McKelway states that the Fishers Landing CR has not been released by the ZBA as cf yet. bR Appoint representative to Planni~g Commission MOTION: To reappoint Ben McKelway as the Commission's representative was made and seconded. UNAN I r'10US c. Enforcement - Lugosh, Austin Farms, Poor and others 1. LUGOSH - Dr. Dunwiddie recom~ends that a letter be sent requesting the removal of the brick patio on the beach and the brush that is filling the wetland next to the lawn. Mr. McKelway said he had prepared an enforcement order in case the Commission wanted to sign one tonight. MOTION: To send a certified letter as suggested was made and seconded. UNANIMOUS 2. AUSTIN FARMS - Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for June 14, 1990 Page 15 Mr. McKelway states that he had researched the records and it does not appear that the road is permitted to be as wide as it is at the right-angle bend near the McIntyre lot. Mrs. Philbrick states that she is working with the bank that has foreclosed on the property and she says that she is trying to find answers on a lot of questions in the area. She states that she will come back to the Commission at the next meeting with more information. The Commission decided to wait until the next meeting to take action. 3. BRUCE POOR - M,-. McKel~ay says that the Commission has attempted a couple of times to have him come in for Compliance on his expired permitl to ~o avail. Mr. Wasierski states that the Commission should ~Jrite him and state that a field inspection will be held before our next meeting. MOTION: To write a letter informing him that the Commission will inspect the property on its next field inspection day (June 25,1990) was made and seconded. UNANIMOUS 4. BARBARA CHARDER - Mr. McKelway reads the letter from Mrs. Charder in respo~se to the Commission request to stop putting brush in the wetland on Orange Street. Dr. Dunwiddie states that it is unnecessary to send her application forms. She needs to remove the brush; wetland plants do not need to be mulched ! MOTION: To send one last letter to her requesting the removal of the brush recently deposited there was made and seconded. UNANIMOUS ,_,;;;>-,-'.--.'-i;0~.;;::;= Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for June 14, 1990 Page 16 d. Consue Springs - retaining wall replacement discussion Mr. Wasierski states that the Health Department has told him that the erosion at the base of the willow trees has resulted in rats nesting there. He suggests that the Commission rebuild the retaining wall before the spring house is built. Mr. McKelway states that there is about $ 600 left in the Co~servation Work budget and it could be used here. Dr. Dunwiddie asks if a retaining wall is really necessary? Mr. Visco states that there is to much activity in the area for revegetation. MOTION: To encumber the funds neCEssary to uu ~~lS pr~ject and to look into acqulrlng some of the materials needed as dorl3ticns from the DPW or the Electric Company was made and seconded. UNAN I fiOUS e. Winn/Stark - release of funds? Mr. McKelway showed the Commissioners two photographs taken at the site yesterday. He said there more vegetation than ever before, but it is up to them to rule on whether or not the site is adequately revegetated. If and when it is determined to be revegetated, the $1,000 held in escrow can be released. MOTION: To release the funds being held was made and seconded. UNANIMOUS f. Don Schall - Wetlands delineation workshop on Nantucket Mr. Perry explains that this the person who ran the workshop held by DEP that he went to in May. He is going to be vacationing in Nantucket in the end of June and has suggested Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for June 14, 1990 Page 17 that he would be able to give a small workshop while he was here if anybody would be interested. g. Approval of meeting schedule for the rest of 1990 MOTION: To approve as drafted was made and seconded. UNANIMOUS h. Notification of Mosquito Control Project Dr. Dunwiddie reads the letter from the DPW outlining the work that is going to be done on Commission property and asks if ten feet in each side of the ditch is really necessary? Mr. Visco states that room is required to allow access Tor the machinery that is going be used. No action was taken, allowing the p;oj~ct to proceed as planned by the DPW. Mr. McKelway asked for and received permission from the Commission to reiterate to the Land Bank Commission and to DPW Superintendent Jeff Willet the requests the Commission made in regard to these projects back in 1988. 5. CORRESPONDENCE 6. MINUTES: for May ~1 -. , 1990 MOTION: To approve as drafted was made and seconded. UNANIMOUS 7. BILLS TO BE PAID 8. FIELD INSPECTIONS - Monday, June 25, 1990 at 4:00 PM The meeting was adjourned at 10:25 PM {6r'd j;i~ I~ t1tj( )1/1- 1f/7/ /6 //,~ / ((j/(/)., D U tt\