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HomeMy WebLinkAbout1990-06-28 .. 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 ~lo( <JJi (f)r \~L]O ,,)M-- M. 161C\- eM