HomeMy WebLinkAbout1990-07-12
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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
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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
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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
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