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HomeMy WebLinkAbout1990-07-12 --;;:;'vJ V '- ';"-- ( ,,- Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 MEETING MINUTES FOR JULY 12. 1990 The meeting was called to order at 7:04 PM in the Nantucket High School Cafeteria. Present were Commissioners William Willet, Henry Wasierski, Peter Wilson, Dan Kelliher, Peter Dunwiddie and Laura Hussey. Also present were Ben McKelway, Administrator and Bruce Perry, Secretary. ~ COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC NONE B. PUBLIC HEARINGS 1. Old North Wharf - SE48-549 (42.3.1-225,229,230,233,234) Present were Edward and Alfred Sanford, applicants and Melissa Philbrick, counsel. Mr. A. Sanford informs the Commission that the HDC has approved the solid fill pier that was first proposed. He withdraws all the interim plans that had been submitted to the Commission. He submits to the Commissioners results of a number of studies that the Commission had requested with the exception of the circulation study. The three construction alternatives that were studied are: a) all solid fill (as originally proposed); b) solid fill with pile supported structures over the water; c) all pile supported. The other alternative discussed is the no build alternative. He asks that the Commission come to a decision on the project before it goes to the state. He feels that it is important that local input goes to the state for their decision. Mr. William Straus, counsel to opposing abutters, states that it would not be appropriate to close the hearing at this time. The Commission may have questions concerning the studies and may want to bill the applicants for a second-opinion study as authorized by the local bylaw. The people that he represents may want to hire an outside consultant to review the report, he says. He also highlights a procedural problem that might arise. Commission members are not able to vote on the NO! unless they have been to all the hearings. This fact, compounded by recent changes in the membership of the Commission, results in the Commission's inability to reach a decision on this file. He references the case of Mullen v. Planning Board of Brewster in 1983 as an example of law in Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 2 this instance and suggests that the Commission contact their counsel for another opinion. Mr. John Barney, representing the Hummock Pond Homeowners Association, states his opposition to the project, citing additional pollution to the harbor. Mr. Paul Harrington, representing the Steamship Authority, reiterates the Authority's worry that the project will constrict access to their south slip. He states that the Authority and the Wharf will be around for a long time, if approved, and care should be given to siting the new wharf. Mr. A. Sanford responds that the issue will be addressed at the state level and that the Commission does not have jurisdiction over navigational issues. Mr. McKelway disagrees, commenting that the Commission has jurisdiction over navigation for recreational purposes. Mr. Bill Welsh, a local artist, states that the public sentiment is overwhelming against the project and that the quality of visual and aesthetic values will be affected. Mr. A. Sanford reiterates his comment that the local interests need to be strongly stated to the state agencies before they make up their mind. Mr. John Moore states that at previous meetings the applicants had accepted the Commission's intention to hold off on a decision at least until after the comment period on the Environmental Impact Report, in order to get the benefit of comments from various state environmental agencies. It is important that this policy remain, even if the applicants have changed their minds. Mr. Howard Chadwick comments that the increased traffic will generate additional pollution from cars and that the size of the pier will impact on small-boat sailing in the basin. Mr. McKelway reads a letter from Mr. McCalister in favor of the project and letters from Elizabeth ~ Arthur Jacobson, Mrs. William B. Sawyer, Virginia Taylor, and Howard Faria in Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 3 opposition to the project. There have been 118 letters in opposition and 45 in favor of the project to date, he adds. MOTION: To continue the hearing until August 9 for additional information at the request of the applicant was made and seconded. UNANIMOUS 2. David Jay - Quaise Pasture Road - NAN90-006 (26-20.3) AND 3. David Jay - Quaise Pasture Road - SE48-593 (26-20.3) Present for the applicant was Melissa Philbrick, counse I . Mrs. Philbrick said that the Planning Board had met last Monday and their Chairman had raised some concerns over the gravel spec road. She adds that the plans for the improved gravel spec road must be submitted to the engineers by July 23. David Jay accepts the fact that the road will need maintenance and has made agreements to provide for its maintenance, she adds, but the Planning Board vote will not be unanimous. She states that the Order should contain an on- going maintenance condition that will allow work on the road within the 16 foot layout only, and that she does not have the finalized road plans but she will come back to the Commission with them before construction of the road starts. MOTION: To close the hearings and draft an order of conditions was made and seconded. UNANIMOUS 4. Hither Creek Boatyard - SE48-595 (59.4-2) Present was John Shugrue, agent Mr. Shugrue states that he has received a file number from DEP and requests that the file be closed. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 4 Mr. McKelway asks if the proposal is limited to the area that was dredged previously, and he confirms that it is. MOTION: To close the hearing and draft and Order of Conditions was made and seconded. UNANIMOUS 5. Killen - West Chester Street - (41-370) Present was the applicant Bruce Killen and Glen Wills of Nantucket Surveyors. Mr. Wills submits a new plan showing the stakes that were in the field for the inspection located on the plan. There will be a silt fence for all the construction site, there is'a waiver of the 25 foot undisturbed buffer in one area to allow for the required horizontal separation between the electric and sewer lines and this area will be revegetated when the installation is completed, he explains. The excavated materials will be taken off site and the driveway is proposed to be ten feet wide, he states. Mr. Willet reads a letter from Dr. William Sherman opposing the project. Dr. Dunwiddie asks if the Commission is satisfied with the wetland boundary as located on the plan? Mr. Wasierski states that the boundary is fairly clear in the field. Mr. Wills shows the boundary changes from the 1987 boundary determination by IEP. He states that there will be brushcutting only ten feet from the house and that the driveway is angled to hide the house location from the road. Mr. Perry states that Dr. Sherman had requested that the hearing be continued until August 9, the earliest meeting he could attend. The consensus was that there was no need to do so. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 5 MOTION: To continue the hearing at the request of the applicant for additional information and a DEP file number was made and seconded. UNANIMOUS ~. REGULAR MEETING 1. REQUEST FOR DETERMINATION a. Frank - East Tristram Ave. - (31-2) Present for the applicant were Melissa Philbrick, counsel, and Chip Hart, agent. Mr. Willet reads the inspection report. Dr. Dunwiddie adds that he had inspected the property earlier on Monday with Lisa Standley of Daylor Consulting and comments that it was a "close call" on the depression at the house site. It was difficult to determine what had been growing there because the depression had been brushcut, he adds, and suggests that a soil inspection might help. Mrs. Philbrick states that the hydrology of the site does not support the wetland requirements, and she submits a letter from Lisa Standley resulting from her field inspection. She adds that the applicant needs to know if the area is a wetland and why. Dr. Dunwiddie responds that the difficulty arises because the area has been mowed and the limit of the mowing seem to be the boundary of the wetland vegetation around this depression. He adds that the Wetland Protection Act talks about vegetation and does not include soil condition in determining wetlands. Mr. Perry states that the file before the Commission is only a determination. If the Commission requires a greater amount of detail, then it should require a NOI to be filed. Mr. McKelway adds that the plan does not indicate the location of the lawn, driveway or septic system and the applicants are not certain where they are going to locate the Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 6 house; because the main wetland is not flagged or shown on the plan, no conditions could reference it effectively. Mrs. Philbrick asks what the depression is ? It makes a huge difference on the NOI filing and that part of the RFD filing is to determine wetlands. Dr. Dunwiddie suggests that the determination should be that the property is subject to the act and should require the filing of a NOl. MOTION: To issue a positive Determination requiring the filing of a NOr was made and seconded. In favor: Dunwiddie, Wasierski, Wilson, Hussey b. Steamship Authority - Skipper removal - (42.4.2-14) Present for the applicant was Paul Harrington, manager of the Nantucket Terminal. Mr. Harrington explains the project to the Commission, which includes the removal of the remaining structure by crane, a 3 1/2-foot-high board on top of the bUlkhead, plantings next to the edge of the parking lot, removal of the remaining cement footing for the old fireplace. There will be a boom in place to keep the debris from floating away, and the pilings are to remain unless they break off during the removal process, he explains. MOTION: To issue a negative determination stating that the work is within a resource area but will not alter the resource area as long as debris is contained and removed was made and seconded. UNANIMOUS c. Burgdorf - Pocomo Road - (15-41) Present was Gwynne Thorsen, architect. Mr. Willet explains that he had seen the work under progress when he was inspecting Anathan's property. The Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 7 project will not harm the bank but a Request for Determination should have been filed because it is within 100 feet of a resource area. MOTION: To issue a negative determination stating that the work is within the buffer but will not alter was made and seconded. UNANIMOUS d. Mauser - Quail Lane (67-392) Present were James Mauser, applicant, and Ian Golding. Mr. Willet reads the inspection report and its recommendations. Mr. Golding states that he would like to receive a negative determination and that he would put more haybales around the dirt pile. The wetland is closer than anticipated and they plan to regrade the slope with some of the dirt in the pile. Mr. Wasierski suggests that they be allowed to have a ten- foot-wide lawn around the house to be able to do simple maintenance. MOTION: To issue a negative determination with the conditions recommended in the inspection report was made and seconded. UNANIMOUS e. Moran - Ames Ave. - (60.2.4-63) The file was not opened due to improper abutter notification. 2. ORDER OF CONDITIONS a. VanGreenby - Long Pond Drive - SE48-587 - (59-17) Present for the applicant was John Shugrue. . 21 Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 8 Mr. Shugrue wanted to know what dates would be acceptable. Mr. Wasierski states that the float will not bother the herring run. Dr. Dunwiddie suggests installing after May 1 and removal before November 1. Agreed # 20 Mr. Shugrue states that this condition is unnecessary., The Commissioners agree. Mr. Wasierski comments about a walkway that he had seen in Cotuit and was impressed with how well the vegetation was growing back underneath it and suggests that the Commission could look into other ways to construct these catwalks. MOTION: To issue the Order of Conditions as modified was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS DONALD M. VANGREENBY DEP FILE NUMBER SE48 - 587 ASSESSOR'S MAP 59, PARCEL 17 24 LONG POND DRIVE 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 Town of Conservation Nantucket Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 9 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 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 supe)sede 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 is allowed. 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. Before work begins, a final plan shall be submitted to the Commission and deemed acceptable by the Commission. This Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 10 plan shall show only one wetland boundary -- the one marked "Wetland Boundary 6/25/90" on the plan received by the Commission June 28, 1990. This is to prevent confusion in the future. It is this revised final plan which should be given to any and all contractors. 11. 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. 12. No lighting is permitted along the footpath, walkway or pier, to minimize adverse impacts on wildlife and wetland scenic views. 13. Only one footpath to the marsh is permitted, and this 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. 14. All vegetation on both sides of the footpath, 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. 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. 16. Pilings for the wooden walkway and pier shall be spaced no closer than 20 times the diameter of the piling, to minimize adverse effects on the wetland resource areas. 17. All wood used shall be treated with a non-leaChing preservative such as CCA. No paint, creosote, or pentachlorophenol is allowed. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 11 18. To minimize shading of the vegetation below, the walkway shall be no more than 4 feet wide and no less than 1 foot above the highest spring tide expected. To minimize impacts on wetland scenic views, the catwalks shall be no higher than 2 feet above grade. No railings are allowed. 19. So as not to adversely effect the productivity of the marsh by compaction or through changes in water quality, particularly turbidity, the construction of the walkway and pier shall not disturb any portion of the wetland except for the immediate area. This work shall be done by hand, and construction shall be accomplished by working out from and upon completed sections of the walkway. No vehicle or heavy equipment is allowed on any portion of the wetland. When necessary because no other method is feasible, 'pi 1 ings may be jetted in. Material that cannot be returned to the hole shall be disposed of off the site, but not in any wetland. 20. The float may be no larger than 6 feet by 10 feet and shall be seasonal, installed no earlier than May 1 and removed no later than November 1, so as not to interfere with the herring run and so as to avoid damage from ice. It is not to be stored on a wetland resource area or any portion thereof. 21. A Waterways License is required pursuant to M.G.L. Chapter 91 and its regulations 310 CMR 9.0 before the pier is constructed. 22. The boathouse is limited to one story and shall have a maximum height of 12 feet from grade to the ridge. ### b. David Jay - Quaise Pasture Road - SE48-593 (26-20.3) AND c. David Jay - Quaise Pasture Road - NAN90-006 (26-20.3) Present was Melissa Philbrick. . 13 Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 12 Mrs. Philbrick suggests that the wording be changed to allow a final plan be submitted and approved by the Commission before construction starts. Agreed # 15 Mrs. Philbrick suggests that wording to the effect 'and within 100 feet of a wetland will require the filing of a NOI. I Agreed # 16 Mrs. Philbrick suggests adding the wording 'or as approved by the Commission in its final plan.' Agreed Mrs. Philbrick states that the August 1991 deadline might be too soon to get the Conservation Restriction in place and asks that another six months be allowed. Mr. Wasierski states that he would rather see the one year stay in place and if the applicant needs more time, to come to the Commission for an extension. The consensus of the Commission is with Mr. Wasierski. Mrs. Philbrick suggests that the road maintenance schedule to be submitted to the Planning Board be used within the 16 foot layout of the road. MOTION: To issue the Order of Condition as amended was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS DAVID JAY DEP FILE . SE48-593 AND LOCAL FILE .NAN 90-006 Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nan tuck et, Mass ach usett s 02554 Meeting Minutes for July 12, 1990 Page 13 ASSESSOR'S MAP 26, PARCEL 20.3 QUAISE PASTURES ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) 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 between the road and the established wetland boundary wherever the road is to come within 25 feet of the wetland. The siltation fence or haybale line, erected to prevent siltation of the wetland during construction, 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. The siltation fence or haybale line may not be used as a retaining wall; the toe of any slope of fill must end at or before this line. Care shall be taken to prevent siltation of the wetland at other locations as well. 4. 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: 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 and pavement 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 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 July 12, 1990 Page 14 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 i s allowed. 9. Dust control, if required, shall be limited to water. No salts or other wetting agents shall be used. 10. 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. 11. This Order of Conditions shall apply to any Successor in interest or successor in control of the property. 12. Natural vegetation between the wetland edge and the project site shall be left intact except where it is necessary to temporarily use this area. After construction, any disturbed area within this buffer area shall be replanted with native plants. 13. The road surface shall be pervious and no wider than 16 feet. A plan showing the final specification details for the road location, construction, and drainage shall be submitted to the Conservation Commission for review and approval prior to construction of the road. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 15 14. No curbing is permitted, but rows of boulders are permitted in order to restrict traffic to the road surface. 15. No structures, septic systems, or driveways are permitted by this Order. When located within 100 feet of a wetland, these will require the filing of a separate Notice of Intent. 16. Compensatory flood storage volume shall be created as described in the Notice of Intent and attachments, or as approved by the Commission in connection with the final road plan. 17. No later than August 1, 1991, a perpetual conservation restriction must be in place for the wetland adjacent to the road permitted by this Order. This restriction may be granted to a public or private conservation agency or group and must be deemed acceptable by the Conservation Commission. 18. Maintenance of the road is allowed under this Order, providing the road stays within the 16-foot layout shown on the final plan. UNDER THE NANTUCKET WETLANDS BYLAW ONLY: The Commission hereby grants the applicant a waiver from Section 3.02(B)(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. The road permitted by this Order would enter that zone twice. 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)(1)(a) of the Wetlands Protection Regulations of the Town of Nantucket. ### Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 16 3. CERTIFICATE OF COMPLIANCE a. Kotalac - Miacomet Park - SE48-310 (81-129) Present was Rick Kotalac, applicant, and Mark Arnold. Mr. Kotalac submits his as-built plan and letter from a professional stating compliance. Mr. Arnold states that he had gone to the site as a result of some complaints that the work was not being done properly. He adds that he was there after the foundation was installed and to the best of his recollection the foundation was according to the plan. "I gave him no indication that th'ere was a problem at that time," he says. MOTION: To issue the Certificate of Compliance was made and seconded. UNANIMOUS b. Constable - Hulbert Ave. - SE48-92 (29-17) Mr. Willet reads the inspection report. MOTION: To issue the Certificate of Compliance as recommended was made and seconded. UNANIMOUS c. Ginley - Sherburne Ave. - SE48-294 (30-37) Mr. McKelway explains that the stairway was not built according to the approved plan, but that the differences have apparently not affected the coastal bank. MOTION: To issue the Certificate of Compliance was made and seconded. UNANIMOUS d. Spring - POlpis Road - SE48-250 (24-23) ....-.. Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 17 Mr. McKelway explains that the project was never started. MOTION: To issue the Certificate of Compliance was made and seconded. UNANIMOUS e. Laine - Eel Point Road - SE48-396 (33-19.1> Present for the applicant was John Shugrue. Mr. Willet reads the inspection report. Dr. Dunwiddie states that the Order is clear and this property is still not in compliance. Mr. Shugrue submits a request for a minor modification allowing a 10 to 12 foot wide lawn. MOTION: To issue the Certificate of Compliance with the above mentioned modification was made and seconded. UNANIMOUS 4. EXTENSION PERMIT a. McMaster/Collum - Western Ave. - SE48-311 (87-82) Present were Susan McMaster-Collum and Bob Emack. Mr. Emack requests that the Order of Conditions be extended for an additional six months. The work has begun, the well is in and the septic is scheduled to go in next week, he adds. Mr. McKelway states that the Order was issued in 1985 and received a two-year extension in 1988. The Town By-law only allows for two one-year extensions, for a total of five years to do the project. They have already had this time and they cannot receive any more time, he states, adding that he has already told them that a new NO! will be required. Mr. Emack states that he has updated the septic plan to take into account the new Health Department regulations. The Town of. Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 18 design will not change, just an allowance for five feet between the groundwater and the bottom if the leach system. Mr. Perry reiterates that the Commission is not allowed to extend the Order any further and cannot waive the By-law. The work cannot be completed before the Order runs out and if it is started might cause damage to the resource area when left uncompleted. Mr. McKelway states that he last time the area was determined to be insignificant and would have to be proved non-significant in hearings for the new NOI also. Dr. Dunwiddie states that the dunes in the area have lost in excess of 50 feet since he had been keeping track in 1979, and this should be discussed in the new NOI. MOTION: To deny the extension request was made and seconded. UNANIMOUS 5. OTHER BUSINESS a. Reiniger/Clark - SE48-477 - Minor Modification Present was Mr. Clark, applicant. Mr. Willet reads the request for a minor modification. Mr. McKelway said the change is not likely to harm the wetland, which is on the other side of the lawn. MOTION: To allow the request as a minor modification was made and seconded. UNANIMOUS b. Election of Officers MOTION: To elect the following people: William Willet, Chairman Henry Wasierski, Vice-Chairman - ---~ ;.....-',~--::":'...... ~-'~..'~:~..... ~.:.-:-'" Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 19 Peter Wilson, Treasurer Made and seconded UNANIMOUS c. Budget report for last fiscal year Mr. McKelway reports that the Commission under-spent its budget by approximately $14,000. This money is returned to the General Fund of the Town d. Lugosch - enforcement Present was Les Smith of Daylor Consulting Mr. Smith states that he had been to the site and the area where the patio is located clearly was a dune and states that the work was done as a result of an misunderstanding with the contractor. He states that Mr. Lugosch is planning to come in with a NOI to relocate the patio, rebuild the dune and put in a walkway. Mr. Willet asks the timeframe for this to happen? Mr. Smith responds that he will come in soon with the NOI and he will relocate the patio at the same time. Mr. Perry states that if the Commission is to be consistent with the requirements that the Greenhills were put under, they should require the immediate removal of the bricks and also the brush piled in the wetland and not wait until the NOI is filed. Mr. Smith states that he will have the NO! filed for the August 9 meeting. MOTION: To require the removal of all the unpermitted work and the pile of brush that is in the wetland and for this work to be done by the August 9 meeting was made and seconded. UNANIMOUS ~''''~,~.h::.';;~> ~~~:> - .'" ,;';;:t_:W,,'~ni;Q~;:~~;::.~'T~;~0:::,t''i::?:tc':'"'',' ':',:::,c-:,~:~::r"'1';"i:S'I""-'r'-i'l:jf~~J;7-::'?:')!?:"':~c;~~:'~:,,:,"i: "';:-:.f~~~~'T':'\'I":"':~-'::c"-'-:':'":::~-wr;~"?'~\~.;m:~;;'~,'~'""?;'>2,.",.:..'t:; ':. (,,';::-;;-::,1<, .~\~,-~_.., ,--, Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 12, 1990 Page 20 6. CORRESPONDENCE 7. MINUTES: for June 28, 1990 MOTION: To approve the minutes as drafted was made and seconded. UNANIMOUS 8. BILLS TO BE PAID 9. FIELD INSPECTIONS - Monday, July 23, 1990 at 4:00 PM At this time the Commissioners were polled and unanimously voted to go into executive session and voted not to come back into open meeting 9:36 PM ~ EXECUTIVE SESSION a. Litigation b. Approval of minutes for June 25, 1990 /i (, 1/)/ (\1< Ul. ~ 7r !91U -J~M~!t(