HomeMy WebLinkAbout1990-06-28
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. Massachusetts 02554
MEETING MINUTES FOR JUNE 28. 1990
The meeting was called to order at 7:07 PM in the Large Group
Instruction Room of the Nantucket High School. Commissioners
present were William Willet, Daniel Kelliher, Donald Visco, Henry
Wasierski and Peter Dunwiddie (arrived at 8:25 during the
discussion on the Santa Rita Order of Conditions). Also Present
were Ben McKelway, Administratol- and Bruce Perry, Secretary.
The Commissioners decided to hold the Executive Session at the
end of the meeting.
~ EXECUTIVE SESSION
a. Litigation
b. Approval of Minutes of June 14, 1990
~. COMMENTS AND QUESTIONS FROM P~ESS AND PUBLIC
NONE
C. PUBLIC HEARINGS
1. David Jay - Quaise Pasture Road - NAN90-006 (26-20.3)
AND
5. David Jay Quaise Pasture Road - SE48-593 (26-20.3)
Present was Melissa Philbrick, counsel.
Mrs. Philbrick summarizes the intentions of the Planning
Board, which now are to allow a 16-foot travelled way made of
pervious materials instead of the proposed impervious
materials. They asked the engineers to do the recalculations,
she adds, and she thanks Commissioners Visco and Wasierski for
attending the Planning Board meeting June 25. She requests a
modification of the NO! to allow for a 16-foot improved gravel
spec. road and states that she will have the changed plans for
the next meeting. She suggests that the hearing could be
closed and the order issued at the next meeting. Mr. Jay
worries about people cutting across the circle and may suggest
a turning T at the next Planning Board meeting.
Mr. Visco comments that the cuI de sac might be unnecessary
and supports the use of a turning T.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 2
Mrs. Philbrick states that for aesthetic reasons, Mr. Jay
would like to see the turning T also. A maximum of ten houses
will be using the road, but if there is resistance to the T
from the fire chief or the Planning Board, the applicant will
not press the issue, she adds. The layout of the road will not
change, due to the reduction of the allowed speed on a gravel
road.
Mr. Wasierski states that he does not want to see the
additional two feet of road surface be taken solely out of the
wetland side of the road.
MOTION: To continue the hearing for more information at
the request of the applicant was made and seconded.
UNANIMOUS
2. VanGreenby - Long Pond Drive - SE48-587 - (59-17)
Present for the applicant was John Shugrue.
Mr. Shugrue submits a new plan for the project that has the
boat house approximately 25 feet from the wetland boundary and
it is to be one story with approximately twelve feet to the
ridge. The wetland boundary has been changed as a result of
the field inspection held at the property on June 25, he adds.
Mr. Wasierski marks the ridge height on the approved plans.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
3. Greenhill - Hoick's Hollow Road - SE48-592 (23-1)
AND
4. Greenhill - Hoick's Hollow Road - (23-1)
Commissioner Willet abstains from the discussion and vote.
Present for the applicant were John Shugrue and Melissa
Philbrick.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 3
Mr. Shugrue submits pictures of the pond shore and states
that the structures there have been reduced in size to the
originally permitted size and shape, as ordered by the
Commission.
Mrs. Philbrick submits a plan showing the existing
conditions on the property. She also submits a letter
requesting the withdrawal- of the pier "'01. She states that DEP
has not issued a number for the project and that the
additional information they have requested would be tedious
and expensive to produce.
MOTION: To accept the withdrawal of the NOI for the
change in the pier on the pond was made and seconded.
UNANIMOUS
Mrs. Philbrick requests a modification of the remaining NOI
(SE48 - 592) that withdraws the new driveway location.
Therefore the new NOI would be to validate the location of all
the structures on the top of the property, she states. The
Greenhills have seen the light and do not want to fight with
the Commission, she adds, and they are proposing no additional
work within the Commission's jurisdiction on the property at
this time.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded
UNANIMOUS
Mrs. Philbrick submits a letter requesting a Certificate of
Compliance for file number SE48-389 and adds that the problems
that the Commission had with the work have been cleared up.
MOTION: To issue a Certificate of Compliance for the
work was made and seconded.
UNAN I 110US
(Commissioner Willet signs the COC out of necessity)
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 4
Mrs. Philbrick requests that the Commission issue the Order
of Conditions for the recently closed NOI (SE48 - 592). She
states that no new work has been requested or authorized.
MOTION: To issue the Order after it has been drafted
was made and seconded.
UNANIMOUS
Mrs. Philbrick requests that a Certificate of Compliance be
issued for this same project.
Mr. Wasierski reads the letter requesting the COCo
MOTION: To issue the Certificate of Compliance after
the Commission receives proof that the Order was recorded
was made and seconded.
UNANIMOUS
* 6. Hither Creek Boatyard - (59.4-2)
Present were the applicant Albert "John" Manning and
John Shugrue.
Mr. Shugrue states that he has refiled because the State
dredging permit (# 149) runs out in October 1990. By refiling
he will be able to coordinate all the permits to end at the
same time. He adds that there is a dispute over the fee that
is to be charged. He states that the work is for maintenance
dredging and should therefore not be considered a new filing.
Mr. Perry responds that the state fee regulations do not
differentiate between dredging and maintenance dredging. The
Category 4J is specific in its determination of the fee to be
charged. "Any activities,..., associated with a dredging
operation conducted on a waterbody, waterway, or the ocean."
Where this is a new filing it has to be charged under the new
fee schedule.
MOTION: To require the Category 4J fee of $750.00 be
charged the applicant was made and seconded.
UNANIMOUS
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 5
Mr. Shugrue states that the work proposed is exactly the
same as proposed under the Extension Permit issued earlier
this year.
MOTION: To continue the hearing at the applicants
request and await a DEP file number was made and seconded.
UNANIMOUS
D. REGULAR MEETING
1. REQUEST FOR DETERMINATION
* a. Frank - East Tristram Ave. - (31-2)
Present for the applicant was Melissa Philbrick.
Mr. Willet reads the inspection report.
Mrs. Philbrick states that Tina Coughanower had informally
inspected the property last year and commented that there was
no need to worry about the small depression at the state level
but it might qualify at the local level. She suggests that an
additional field inspection be made and that the discussion on
the RFD be continued until then.
Mr. Wasierski states that the septic can be moved and the
house could be located differently.
Mrs. Philbrick stated that if the small depression was to
be considered a wetland then it would make a great difference
to both the septic and house locations. She requests a new
inspection be made before the Determination is made.
MOTION: To continue the determination at the request of
the applicant was made and seconded.
UNANIMOUS
2. ORDER OF CONDITIONS
a. Santa Rita Trust - Polpis Road SE48-585 (26-22.1,22.4)
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 6
Commissioner Donald Visco abstains from any discussion
and vote.
Present was Melissa Philbrick.
:It 10
Mrs. Philbrick suggests that the Commission hold the Order
of Conditions until the signed Conservation Restriction is
delivered and that Condition 10 be eliminated.
The Commissioners agree.
:It 17
To remain the same.
:It e6
Mrs. Philbrick asks if the work could be allowed earlier?
After some discussion the Commission decided that the dates
would remain as suggested.
:It e8
Mrs Philbrick states that the design of the pier supports
does not allow them to carry the weight of the float. The
proposed float location is determined to have at least one
foot of water at mean low tide, therefore there is no need for
the stops to be put on the posts, she states.
The Commissioners agree to remove this Condition.
:It e9
Mr. McKelway suggests that the dates for the pier
installation be no earlier than April 1 and removal be no
later than November 1. The intent is to have the pier out of
the way during scalloping season.
Mr. Kelliher agrees, stating that the float will be out of
the way for the commercial season but usable during the family
season.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 7
. 30
Mrs. Philbrick asks if the seasonal replacement of the
pipes for the pier would require a new NOI be filed?
The Commissioners agree that annual maintenance should be
allowed without having to_ file a new NOI.
MOTION: To issue the Order as amended was made and
seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
KEVIN F. DALE, TRUSTEE OF SANTA RITA REALTY TRUST
DEP FILE NUMBER SE48 - 585
ASSESSOR'S MAP 26, PARCELS 22.1 ~ 22.4
216 & 222 POLPIS ROAD
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
3. 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
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: limits of fill
or alteration; location of all structures and footpaths within
100 feet of wetland; the edge of the wetland; the grade
contours within 100 feet of the wetland.
4. 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
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 8
require the submittal of any data deemed necessary by the
Commission for that evaluation.
5. The applicant, owners, successors or assignees shall be
responsible for 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.
6. This document shall be included in all construction contracts
and subcontracts dealing with the work proposed and shall
supersede other contract requirements.
7. 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
i s a II owed.
8. 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.
9. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
10. No stockpiling of lumber or other materials is permitted
within any portion of any wetland resource area, including
Bordering Vegetated Wetland, even if it has been cut or
mowed.
11. No lighting is permitted along the footpath, catwalk or
pier, to minimize adverse impacts on wildlife and wetland
scenic views.
12. The footpath shall be no more than 6 feet wide. No stones,
bark, sand, gravel, cinders, shells, shell fragments, wood,
asphalt, concrete, or any other material may be added to
the footpath.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. M assachusetls 02554
Meeting Minutes for June 28, 1990 Page 9
13. Before work begins, a final plan for the footpath shall be
submitted to the Commission and deemed acceptable by the
Commission. The path on this final plan should match the
yellow line on the plan received by the Commission June 14,
1990, stamped "FOR REVIEW," and entitled "Site Plan for
Proposed Catwalk & Float," prepared by Hart-Blackwell &
Assoc., Inc.
14. After the footpath has been cut, all vegetation on both
sides of it, including the area 25 feet landward of the
established wetland boundary, shall be allowed to grow
back. (Much of this area has been previously brushcut.)
This vegetation shall thereafter remain natural and
undisturbed, in accordance with Section 3.02 of the
Wetlands Protection Regulations of the Town of Nantucket.
15. To the north of the footpath mentioned above, additional
footpaths and clearings have been cut on this lot and on
the adjacent lot also affected by this Order. All such cut
areas in and within 25 feet of Bordering Vegetated Wetland,
with the exception of the main path to the catwalk, shall
be allowed to grow back and shall thereafter remain natural
and undisturbed, in accordance with Section 3.02 of the
Wetlands Protection Regulations of the Town of Nantucket.
16. Wetland replication for the portion of the footpath which
goes through Bordering Vegetated Wetland is not required.
After discussion, the Commission decided such replication
would not be in the best interests of the wetland in this
.case.
17. Pilings for the catwalks and pier shall be spaced no closer
than 20 times the diameter of the piling, to minimize
adverse effects on the wetland resource areas.
18. Spacing between all planks shall be no less than 1 inch, to
allow sunlight to penetrate to the vegetation below.
19. All wood used shall be treated with a nonleaching
preservative such as CCA. No paint, creosote, or
pentachlorophenol is allowed.
20. To minimize shading of the vegetation below, the catwalks
shall be no more than 4 feet wide and no less than 1 foot
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 10
above the highest spring tide expected. To minimize
impacts on wetland scenic views, the catwalks shall be no
higher than 2 feet above grade, except seaward of the top
of the coastal bank. No railings are allowed except for
the ramp down to the float.
21. So as not to adversely effect the productivity of the salt
marsh by compac t ion or- through changes in water qua Ii ty,
particularly turbidity, the construction of the catwalks
shall not disturb any portion of the marsh except for the
immediate area of the catwalk. Construction shall be
accomplished by working out from and upon completed
sections of the catwalk. No vehicle or heavy equipment is
allowed on any portion of the salt marsh.
22. All work on the catwalks shall be done by hand, with as
little impact on the marsh or on Bordering Vegetated
Wetland as possible. When necessary because no other
method is feasible, pilings may be jetted in. In such
cases, a salt hay barrier shall be placed around each hole
to contain mud and other material. Material that cannot be
returned to the hole shall be disposed of off the site, but
not in any wetland.
23. The pier must serve all 5 lots shown on the plan entitled
"Exhibit E" - Plan of Land in Nantucket, Mass. (HB-1895),
prepared by Hart-Blackwell & Associates, Inc., dated
September 12, 1988, and received by the Commission March 5,
1990. No more piers will be permitted in the future to
serve these lots.
24. All work on the pier shall be done by hand, with as little
impact on Land Under the Ocean and Land Containing
Shellfish as possible. Construction shall be accomplished
by working out from and upon completed sections or from a
floating barge. Any work from a barge shall ensue mid-tide
rising through mid-tide falling, or as otherwise necessary
to prevent the grounding of the barge on the substrate.
When necessary because no other method is feasible, pilings
may be jetted in.
25. All pile driving or jetting activities shall be limited to
the time period between September 15 and May 15, in order
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 11
to minimize interference with shellfish spawning and marine
fisheries.
26. Before construction of the pier begins, under supervision
of the Nantucket Marine-Department and at the expense of
the applicant, all shellfish at the site and within 20 feet
of the site shall be transplanted to a suitable site and/or
replanted at the locus following construction.
27. The float may be no larger than 8 feet by 24 feet and shall
be seasonal, installed no earlier than April 1 and removed
no later than November 1, so as not to interfere with
shellfishing and so as to avoid damage from ice. It is not
to be stored on a wetland resource area or any portion
thereof.
28. This Order allows the maintenance of the pier above the
plane of mean high water. Any maintenance activities below
the plane of mean high water, other than the seasonal
maintenance of the 4-inch pipes to hold the float in place,
will require the filing of a new Notice of Intent.
UNDER THE NANTUCKET WETLANDS BYLAW ONLY:
The Commission hereby grants the applicant a waiver from Section
3.02(8)(1) of the Wetlands Protection Regulations of the Town of
Nantucket, under the Wetlands Bylaw (Chapter 136). This section
requires projects which are not water-dependent to maintain at
least a 25-foot natural undisturbed area adjacent to a vegetated
wetland. This would apply to a portion of the footpath allowed
under this Order. However, there has been a clear and convincing
showing by the applicant that there are no reasonable conditions
or alternatives that would allow the project to proceed in
compliance with the regulations and that the proposed project
will not have any adverse effect upon any of the interests
protected by the Bylaw. Therefore, these waivers are granted
under the authority of Section 1.03(F)(I)(a) of the Wetlands
Protection Regulations of the Town of Nantucket.
j:1:##
b. Singleton - Hummock Pond Road - SE48-594 (56-122)
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 12
MOTION: To issue the Order as drafted was made and
seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
PAULINE SINGLETON
DEP FILE NUMBER SE48 - 594
ASSESSOR'S MAP 56, PARCEL 122
79 HUMMOCK POND ROAD
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECT I ON ltO )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
3. Prior to any activity at the site, a siltation fence or a line
of haybales shall be staked along the upland edge of the
established wetland boundary, or at a higher elevation.
Erected to prevent siltation of the nearby wetlands, this
barrier will also 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.
4. An as-built plan, signed and stamped by a registered
professional engineer or lan(j 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
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 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
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 13
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.
10. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
11. Natural vegetation between the wetland edge and the project
site shall be left intact except where it is necessary to
temporarily use this area. There must be a 25-foot
undisturbed buffer zone on the upland side of the wetland
boundary.
12. If the 100-percent expansion trenches are ever used, they
should be rotated slightly to keep them at least 50 feet
from the wetland, in compliance with the Massachusetts
Environmental Code -- Title 5.
UNDER THE NANTUCKET WETLANDS BYLAW ONLY:
Town of Nantucket
Conservation Comlnission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 14
The Commission hereby grants the applicant a waiver from Section
3.02(B)(4) of the Wetlands Protection Regulations of the Town of
Nantucket, under the Nantucket Wetlands Bylaw (Chapter 136).
This section requires 100 feet between a septic system leach
facility and a vegetated wetland. However, because the proposed
septic system would replace a failed system, the Commission
expects an improvement over ~he existing situation. This waiver
is granted under the authority of Section 1.03(F)(2)(c) of the
Wetlands Protection Regulations of the Town of Nantucket.
U##
c. Greenhill - Hoick's Hollow Road - SE48-592 (23-1)
(AS DISCUSSED ABOVE)
ADDITIONAL SPECIAL CONDITIONS
ROBERT Px GAYLE GREENHILL
DEP FILE NUMBER SE48 -592
ASSESSOR'S MAP 23, PARCEL 1
OFF HOlCK'S HOLLOW ROAD
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
3. No new work is authorized by this Order. The driveway
proposal in the Notice of Intent has been withdrawn by the
applicant. The purpose of this Order is to validate existing
additions, the garage, walkways, a sundeck, and a stairway to
the Atlantic Ocean coastal beach. (These structures were
either not permitted by earlier Orders of Conditions for this
property or were not built to the permitted dimensions.)
4. 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
Town of Ncintucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 15
an eroding bank at any time in the future to protect the
project allowed by this Order of Conditions.
5. Members, employees, and agents of the Commission shall have
the right to enter and ins~ect 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 (310CMR 10.00 through 10.99).
#u#
3. CERTIFICATE OF COMPLIANCE
a. Poor - off Chase Road - SE48-258 (21-118.1)
MOTION: To continue the request due to lack of
representation and send a letter explaining what further is
needed from the applicant was made and seconded.
UNANIMOUS
b. Kotalac - Miacomet Park - SE48-310 (81-129)
Present waS Richard Kotalac, Jr.
Mr. Kotalac submits an as-built plan that shows the house
as being slightly rotated and outside the approved envelope.
The Commissioners review the file, inspection report and
the minutes from 1988.
Mr. Wasierski comments that the as-built should show the
wetland boundary.
Mr. Willet responds that it was not required at the time of
the filing.
Mr. Kotalac adds that Carl Borchert and Mark Arnold both
had come out and inspected the foundation location and had
approved it.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 16
MOTION: To continue the request for additional
information (dated as-built plan and professional's letter)
was made and seconded.
UNANIMOUS
c. Constable - Hulbert Ave. - SE48-92 (29-17)
MOTION: To continue the request for an field inspection
was made and seconded.
UNANIMOUS
d. Neptune Const./Kaye - Top Gale Lane - SE48-223 (27-7)
Mr. Willet reads the inspection report.
MOTION: To issue the Certificate of Compliance as
recommended was made and seconded.
UNANIMOUS
e. Steele\Hempleman - Hulbert Ave. - SE48-273 (29-14)
Present for the applicant was John Shugrue.
Mr. Shugrue submits an as-built plan showing a cross
section of the house, and he comments that the house was built
too low.
The Commissioners review the plan and Dr. Dunwiddie
comments that it is hard to see the differences between what
was approved and what was built when comparing the two plans.
The intent of the as-built plan is to show discrepancies with
what was built compared to what was approved. The scales
should have been the same, he adds.
Mr. Visco states that the Commission has known for two
years that the house was constructed improperly and there is
no need to continue to punish the present owners.
Dr. Dunwiddie disagrees, commenting that it is not an extra
burden on the applicant but the as-built should be able to
clear up any problems and at the same time protect the
applicant.
Town of Nantucket
Conservation C~ommission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 17
After further review of the plans it was found that the
house was constructed four feet smaller than the approved
envelope allowed, to which Dr. Dunwiddie commented that a lot
of time and energy could have been saved if the Commission had
been aware of this fact during the discussions on the decks
last summer.
MOTION: To issue the Certificate of Compliance was made
and seconded.
UNANIMOUS
f. Gifford/McKechnie - Kimball Ave. - SE48-545 (30-29)
Present for the applicant was Michael O'Mara,
contractor.
Mr. Willet reads the inspection report and Mr. O'Mara
submits the required fee and a letter from the professional.
MOTION: To issue the Certificate of Compliance as
recommended was made and seconded.
UNANIMOUS
4. EXTENSION PERMIT
a. McMaster - Western Ave. - SE48-362 (87-77)
Present were the applicant Mr. McMaster and Bob Emack
of Nantucket Surveyors.
Mr. Willet reads the inspection report and its
recommendations. He asks why the project was not commenced?
Mr. McMaster responds that there had been some family
problems with the lot that have been cleared up.
Mr. Emack explains the changes to the new plan: the septic
tank is moved to the bottom of the bank; a new test hole was
dug to find ground water levels; the system has been designed
to have five feet to groundwater.
Dr. Dunwiddie asks what if the file came in today?
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket. Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 18
Mr. McKelway states that the septic would have to be placed
in shifting sands and the building envelope would need a
waiver due to its proximity to the bank. Therefore, the
project would probably not be allowed.
Mr. Visco states that the extension should be allowed due
to the family problems holding up the process.
Dr. Dunwiddie disagrees, commenting that there are new
regulations and information that were not available at the
time this was filed four years ago and we need to require a
new NOI be filed.
MOTION: To issue an extension for one year only with
the modifications recommended and discussed was made and
seconded.
OPPOSED: Wasierski, Dunwiddie
IN FAVOR: Visco, Kelliher, Willet
Mr. Willet reminds the applicant that this is the last
extension possible and to have the project completed by the
end of the extension period.
5. OTHER BUSINESS
a. Conservation Restrictions - Sharp and Fishers Landing
b. Marcy - Crow's Nest Way - (12-222) - Discussion
Present were Aileen Barth and Mr. and Mrs. Marcy.
Ms. Barth asks that the file be reopened based on new
knowledge and she states that she will notify the abutters if
necessary. She adds that she has had IEP come down and
reviewed the area and they did not find a wetland. Kate
Barnicle of IEP is willing to come down and talk to the
Commission about the site.
Mr. McKelway states that the issue is procedural. The
Determination issued cannot be changed without a new filing,
he explains. There was confusion during the discussion of the
RFD due to the lack of information on the house siting, septic
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 19
location, whether or not the house will use the existing
system, etc.
After reviewing the report from IEP, Dr. Dunwiddie
expresses his willingness to go through the property plant by
plant to determine if there is a wetland on the property. But
he adds that even in her report she says that the test plots
contain more then 50 percent wetland vegetation and it is
going to be hard to convince the Commission that this is not a
wetland.
Several Commissioners recommended that a new application be
filed, preferably a Notice of Intent, and Ms. Barth said she
would discuss the matter with her clients.
MOTION: To put the property on the next inspection list
was made and seconded.
UNANIMOUS
c. Bonner - Low Beach Road - SE48-451
(74-53) - Minor Mod.
Present for the applicant was John Shugrue.
Mr. Willet reads the letter requesting the minor
modification and states that the deck will be within 45 feet
of the bank at its closest point.
Mr. Shugrue explains the proposal and states that the Order
allows construction up to 30 feet from the bank.
Mr. McKelway disagrees and explains the Order and its
intent.
MOTION: To not approve the minor modification as
requested was made and seconded.
Mr. Visco opposed, all other commissioners in favor.
d. Surfside - resident request for dune restoration signs
Mr. McKelway explains that a call had come in from a
surfside resident asking for some help in keeping vehicles off
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for June 28, 1990 Page 20
the dunes. He suggests that some of the extra signs that were
made for Smith's Point could be used here.
The Commissioners agree and suggest that Ben go out and
make sure that the signs wfll not be blocking any public ways.
e. Letter to Division of Marine Fisheries?
Mr. McKelway asks if the Commission would be willing to
send a letter in support of opening Sesachacha Pond and
closing the Chord of the Bay to draggers?
Mr. Wasierski comments that he sympathizes with the fixed
gear people when the draggers come in and destroy all their
equipment but he questions whether it is within the
Commission's jurisdiction.
After some discussion a motion was made to send a
letter in support of the closing of the area to draggers.
UNANIMOUS
6. CORRESPONDENCE - Receipt of ENF for Long Pond cattail
removal project has been received by the Commission
7. MINUTES: for June 14, 1990
Mr. Visco states that the record should show that for the
hearing on Santa Rita Trust that both he and Mr. Dunn
abstained from any discussion and vote.
MOTION: To approve with the above-mentioned change was
made and seconded.
UNANIMOUS
8. BILLS TO BE PAID
9. FIELD INSPECTIONS - Monday, July 9, 1990 at 4:00 PM
The meeting was adjourned at 9:48 PM
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