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Home My WebLink About1990-07-26 Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 MEETING MINUTES FOR JULY 2~990 The meeting was called to order at 7:00 PM in the Large Group Instruction Room of the Nantucket High School. Commissioners present were William Willet, Peter Wilson, Laura Hussey, Henry Wasierski, Dan Kelliher and Peter Dunwiddie. Others present were Ben McKelway, Administrator and Bruce Perry, Secretary. ~ COMMENTS AND QUESTIONS FROM PRESS AND PUBLI~ Steve Scannell was present and stated that he had appealed the Commission's vote not to charge him with wetlands violation to DEP within the ten days limit. DEP's response was that the Commissions vote was not appealable to them, he adds. Mr. McKelway states that only RFDs and NOls are appealable to the DEP. Mr. Willet adds that the vote was only the opinion of the Commission on these charges. The State is going to decide before September 25th on their appeal of the NO! to open the pond and he asks that Scannell wait until then before he takes any action. He states that the Town is moving toward a comprehensive pond management program and does not want the process destroyed by individual actions. Mr. Scannell states that he was served with an Enforcement Order from DEP for his actions which lists the sections of the regulations that he violated. Mr. McKelway states that he should have appealed the enforcement order if he wanted a test case. Mr. Scannell responds that he does not want to be dragged into civil court over this matter and states that he will file a Request for Determination. At this time Mr. McKelway states that Secretary DeVillars will be viewing Seschacha Pond the next day at 11 AM if any of the Commissioners wished to be present. ~ PUBLIC HEARINGS 1. Killen - West Chester Street - SE48-596 (41-370) Present was the applicant Bruce Killen. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 26, 1990 Page 2 Mr. Willet states that an abutter to the project has been talking with the Commission and he would like to speak to the Commission to clarify his objections. He asks if the applicant were willing to continue the hearing to the next meeting to allow the abutter the opportunity to speak? Mr. Killen responds that he would like the hearing closed and an Order drafted for the next meeting. Mr. Willet states that he wished that the hearing remain open. The hearing could be closed and the Order issued at the next meeting, he adds. This could head off any potential appeals that might arise from the abutter, he states. Mr. Killen agrees to continue the hearing. MOTION: To continue the hearing for additional information at the request of the applicant was made and seconded. UNANIMOUS * 2. Tristrams-Long Pond Homeowners SE48-597 (59 & 60) Present was George Nyren. Mr. Nyren states that the new NOI is for the same project as before but scaled down to only three acres. The NO! is more detailed and it has responded to some of DEP's worries that surfaced during their appeal of the previous file. Mr. McKelway adds that the project requests three acres of vegetation removal and one acre of "windows". Mr. Nyren states that the priority areas are identified on the plan and the same techniques as with the last NOI. He adds that they plan to take the project one year at a time. Mr. McKelway adds that the project will not remove any more than 50 % of the vegetation in anyone area with the exception of the window. Dr. Dunwiddie asks how many windows will be opened? Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 26, 1990 Page 3 Mr. Nyren responds seven to eight. Mr. McKelway states that the DEP appealed the last NO! because they did not feel that the wildlife interests were being protected, the Commission may want additional wildlife samp ling areas. I n add i t ion'- the r are spec i es line has moved to be down the middle of the pond as opposed to where it was last year, he adds. Mr. McKelway asks if the "priority areas" shown 011 the plan are the same as the 3 acres they plan to remove under the new NOI. Mr. Nyren says yes, they are the same. ground are not shown on the plan. The windows to solid Mr. Willet read letters from the Madaket Conservation Land Trust in favor of the project and from Arlene Pacquette, President of the Homeowners Association, requesting that the Commission waive the local portion of the NO! filing fees. Mr. Nyren states that the project is being funded through private donations and that the people want to see less paper work and more weed removal. MOTION: To waive the local portion of the NOI fees was made and seconded. UNANIMOUS Mr. Wasierski asks about the old Order that allowed cattail removal when the bridge was replaced. Mr. Perry explains that the Order did have a on-going condition but that it was limited in its scope. Mr. Wasierski suggests that the old order could be used to get the process started. Mr. McKelway states that the file cannot be closed until the Natural Heritage and Endangered Species Program has had a chance to issue an opinion. The mandatory waiting period is 30 days. The reason that the ENF work was required was because more than 20,000 square feet of BVW was being altered and DEP had appealed and was going to issue a Superseding Order. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 26, 1990 Page 4 MOTION: To continue the hearing for additional information and response from the Mass. Heritage Program was made and seconded. UNANIMOUS * 3. David Poor - Lauretta Lane (14-10.2) Present for the applicant was Tom King of Milton Rowland Associates, designer. Mr. Willet reads the inspection report. Mr. King states that the house currently has two bedrooms and will have two after the renovation. The septic system was replaced recently, he adds. Mr. Wasierski asks why the replacement did not come through the Commission before the work was done ? Mr. Willet requests any available plans or as-built be brought to the Commission. Mr. McKelway states that the Commission needs a plan that shows the top of the bank and the wetland boundary and contours of the property and that the wetland that is on the side of the house may be closer than shown on the plans. Mr. King e~plains that the house is sitting on old piers and these will be replaced with a solid foundation but the top of the foundation will be the same height. The roof ridge height will be raised slightly less than two feet due to the change in the roof pitch to an elevation of approximately 20' 6" and the dormer is going on the north side of the house only. The basic profile of the structure will not change, he said. The house wi 11 not be more than 2 "feet above its present height of 18' 1". Mr. McKelway asks if this project is a renovation or a demolition? Mr. King responds that he has not applied to the HDC for a demolition but expects to have some major replacing to do when the project gets going. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street , Nantucket, Massachusetts 02554 Meeting Minutes for July 26, 1990 Page 5 MOTION: To continue the hearing for additional information (wetland flagging, plans, contours) and a DEP file number was made and seconded. UNANIMOUS * 4. Greenhill - Hoick's Hollow Road - SE48-598 (23-1) Commissioners Willet and Dunwiddie abstain from the discussion and any vote. Present for the applicant were Melissa Philbrick, counsel and John Shugrue, engineer. Mrs. Philbrick explains that the driveway is entirely outside of the 50 foot buffer to the bank. Spot elevations show that the topography is flat and the drive will be constructed so that it drains away from the bank and it will be constructed using pervious materials. She adds that there has been a wildlife analysis from Mass. Audubon enclosed in the file. Mr. Wilson asks if the Staff Quarters has been constructed? Mrs. Philbrick responds affirmatively and requests that the file be closed. MOTION: To close the hearing and draft an Order of Conditions was made and seconded. UNANIMOUS * 5. Johnson - Easton Street (42.1.4-18) Present for the applicant was John Shugrue. Mr. Willet reads the inspection report. Mr. Shugrue explains that the new bulkhead will be four feet further out than the existing one and will have a wood or "plastic wood" veneer. A boom will be in-place on the harbor side to protect the harbor from floating debris. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 26, 1990 Page 6 Dr. Dunwiddie asks why the bulkhead cannot be replaced in the same place and Mr Wasierski asks why the lawn cannot be dug back three feet ? Mr. Shugrue responds that Chapter 91 regulations allow the property owner to step out t~e minimum amount necessary to get the job done and this is the minimum required to get a proper footing. The lawn cannot be dug up because there might be another bulkhead behind the existing one and such work would result in sand and silt getting into the harbor. Ms. Sarah Alger states that she is representing some of the abutters to the property and that they might have some comments for the next meeting. Dr. Dunwiddie asks if there is another method of engineering the structure that would result in the bulkhead moving out less than four feet ? Mr. Shugrue responds that there are four materials: wood, steel, concrete and granite. In this case the client requested that concrete be used, he added. Ms. Alger asks what the effect on the neighboring beaches will be as a result of the additional four feet? Mr. Shugrue responds that the beach to the west will not be effected and the beach to the east may see some buildup. Mr. Wasierski suggests that the beaches be put on the plans and Mr. Willet suggests that the applicant look into other materials for the bulkhead. Mr. Willet asks when the work for the pumpout was done? Mr. Shugrue responds that the work was done "relatively recently" and that the pump is not hooked up to anything. Mr. McKelway states that he had spoken with Jim MahalIa at DEP and he suggests that a NOI be filed after the fact and that DEP Water Pollution be contacted for their requirements. Mr. Willet told Mr. Shugrue to file a Notice of Intent for the facitity. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 26, 1990 Page 7 MOTION: To continue the hearing for additional information and a DEP file number at the request of the applicant was made and seconded. UNANIMOUS G. REGULAR MEETING 1. REQUEST FOR DETERMINATION ** a. Moran - Ames Ave. - (60.2.4-63) Was not opened due to the lack of abutter notification. Mr. Willet agreed to contact the applicants and suggest that the Request be withdrawn and a NOI be filed for the work. * b. Newquist - Fargo Way - (14-15 & 16) Present for the applicant were Les Smith of Daylor Consulting and Jennifer Shakespeare of Design Associates. Mr .Willet reads the inspection report. Mr. Smith explains the project and submits a new plan moving the parking area back to allow a 25 foot undisturbed area adjacent to the slightly revised wetland boundary. Mr. Wasierski states that the driveway should be moved at least 16 feet further back. The 25 foot buffer is to be used as a minimum and only when there is no alternative, in this case there is room to move the drive. Ms. Shakespeare responds that the landscape architect envisions as large a meadow as possible there, and to move the drive would not be part of his "image" for the property. Mr. Smith suggests that the driveway be moved approximately five feet further back from the wetland. Mr. Wasierski states that the road is going to be 16 feet wide and should be as far from the wetland as possible. He says 50 feet would be a better buffer between a wetland resource area and a driveway. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 26, 1990 Page 8 Mrs. Melissa Philbrick, counsel to abutters, comments that it is a lot of proposed work for a RFD level filing. She was also concerned with the amount of proposed vegetation removal and that limits need to be enforced on the portion of the work being done so close to the bank. Les Smith responds that restrictions can be spelled out in the Determination and that the structure is being pulled bank and therefore reducing the impact on the resource area. Ms. Shakespeare adds that the property owners a very motivated to have the minimum amount of disturbance and plan to use the old driveway to bring in the construction equipment. MOTION: To issue a positive Determination requiring that a NOr be filed for the proposed work was made and seconded. UNAt~ I MOUS * c. Minnihan - Austin Farms - (56-388) Present was the applicant. Mr. Willet reads the inspection report that recommends a positive determination. Mrs. Philbrick discusses the project with the applicant and recommends to the Commission that decision on the file be held for two weeks when the Commission will be presented with ten or eleven RFDs for the subdivision. This will allow the Commission to see the lots on either side in perspective with this project. MOTION: To continue the file at request of the applicant was made and seconded. UNANIMOUS 2. ORDER OF CONDITIONS a. Hither Creek Boatyard SE48-595 <59.4-2) Present for the applicant was John Shugrue. 41: 10 Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 26, 1990 Page 9 Mr. Shugrue suggests the wording of "at anyone time" be added to the Condition. This will allow for the removal of this much sediment for each dredging. Mr. Wasierski states that the source of the material that IS silting in be found. It is not all coming from the ditch, he adds. add the wording II In any 12 month period" tt 12 Mr. Shugrue suggests that the dredging be allowed until March 15. Dr. Dunwiddie asks when the herring start running up the creek? Mr. Wasierski responds that it is usually around April 1 but it depends on the weather and water temperatures. Dr. Dunwiddie states that he would rather err on the conservative side and if the applicant cannot be finished by March 1 to notify the Commission and get permission to go a couple of days over. MOTION: To issue the Order with the discussed change to # 10 only was made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS HITHER CREEK BOAT YARD, INC. DEP FILE NUMBER SE48 - 595 ASSESSOR'S MAP 59.4, PARCEL 2 20 NORTH CAMBRIDGE STREET UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) 3. 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 Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 26, 1990 Page 10 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 submi ttal. of any data deemed necessary by the Commission for that evaluation. 4. The applicant, owners, successors or assignees shall be responsible for preventing chemical contamination or other detrimental impact to anyon-site or off-site resource area. 5. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 6. Used petroleum products from the maintenance of equipment shall be collected and disposed of responsibly off the site. No on-site disposal of these items is allowed. 7. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 8. The dredging shall be confined to the striped triangular area shown on the approved plan. Maintenance dredging in this area is allowed under this Order in the future without the filing of a new Notice of Intent, provided that such maintenance dredging complies with all other permits and complies with all the conditions of this Order. 9. The dredging shall be no deeper than 4 feet below Mean Low Water. 10. No more than 800 cubic yards of sediment shall be removed in any 12-month period. 11. All dredging must be done hydraulically, and the spoils must be pumped to the designated disposal area hydraulically. All spoils must be confined to the disposal area, with no "runback" to wetlands or waterways. The disposal area is temporary, and must be graded and revegetated before the project receives a Certificate of Compliance. Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 26, 1990 Page 11 12. To minimize effects of the dredging on fisheries or shellfish, all dredging shall take place between November 1 and March 1. 13. No new piers, floats, revetments or bulkheads are authorized by this Order. ### 3. CERTIFICATE OF COMPLIANCE a. Johnson - Easton Street - SE48-16 (42.1.4-18) Present was John Shugrue. Mr. Shugrue explains that the float that was approved in this order was moved under a later Order (SE48-186) which has a Certificate of Compliance. Issuing the Compliance would just close the file entirely he adds. MOTION: To issue the Certificate of Compliance was made and seconded. UNANIMOUS b. Galanter - Shawkemo - SE48-148 (27-23.2) MOTION: To issue the Certificate of Compliance commenting that the work was never done was made and seconded. UNANIMOUS c. Thompson - (Nantucket Land Bank) SElt8-268 (30-92) MOTION: To issue the Certificate of Compliance commenting that the work was never done was made and seconded. UNANIMOUS d. Lindsay - Tennessee Ave - SE48-225 (59.4-89) Present was Stephen Lindsay. Mr. Willet reads the inspection report and accepts the request for a minor modification to the project as recommended in the inspection report. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 26, 1990 Page 12 MOTION: To issue the Certificate of Compliance for the project as modified was made and seconded. UNANIMOUS e. McIllvain - Millbrook Road - SE48-558 <57-24) Mr. Willet reads the inspection report. MOTION: To issue the Certificate of Compliance as recommended was made and seconded. UNANIMOUS 4. EXTENSION PERMIT a. Mitchell - Valley View Drive - SE48-428 (67-228.1) Present was Kate Mitchell. Mr. Willet reads the inspection report Ms. Mitchell explains that the wetland boundary approximately follows the 10 foot contour and that the use of the in-ground septic system is no longer necessary due to the fact that she can tie into the Town sewer system. She adds that she will put in new haybales and allow the brush between the house and the wetland to grow back. Mr. Wasierski states that with the septic system out, the house could be moved back. Ms. Mitchell states that it will not move back very far and states that the house is 44-48 feet from the wetland if you don't count the deck. MOTION: To issue the Extension Permit subject to a written request for a minor modification from the applicant, stating that the septic system will be abandoned and that at least a 25 foot natural undisturbed buffer will be maintained adjacent to the wetland boundary. UNANIMOUS Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 26, 1990 Page 13 5. OTHER BUSINESS a. Gillies - SE48-574 (11-7) - Minor modification Present for the applfcant was Tom King of Milton Rowland Associates. Mr. King explains the request, commenting that the special brackets that were designed for the deck support are not working. The weight of the deck is causing the joints at the outside edge to separate. He shows the Commission on the plan the proposed modification. Dr. Dunwiddie asks if he plans to do the modification now or when the supports fail? Mr. King responds that they will do it now while the area has been disturbed by the other construction. Dr. Dunwiddie comments that he is not in favor of the change, stating that everything grows. Four posts become eight and soon down the line there is a outside wall. It may seem unreasonable now but the incremental additions happen so often, he adds, for example look at all the problems we had with the Hempleman project -- "It was a nightmare that never ended." Mr. Wilson suggested that the builder could find a more appropriate solution to the problem in a builder's catalog. MOTION: To deny the request for the minor modification was made and seconded. UI\JAN I MOUS b. Lewis - SE48-583 (59.4-95) - Minor modification Present for the applicant was Leo Asadoorian of Hart & Blackwell, Inc. Mr. Asadoorian explains the proposed modification stating that Mr. Lewis wants to change the permitted garage-studio building into a boat house. It will be the same distance from the wetland as before, just enlarged. The envelope will remain behind the line drawn from the house as before. In addition, Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 26, 1990 Page 14 there is a request for a 12 foot deck on the wetland side of the house. Dr. Dunwiddie states that the Commission was firm concerning the all the work behind the line of the existing building and that the Commission does noi like to see any new construction inside of 50 feet to a wetland. The doubling of the footprint of the structure on a minor modification request seem to be a lot to approve without any abutter notification. Mr. Asadoorian responds that the size of the building is dictated by the size of the boats and trailers that are to be stored. Mr. Wasierski adds that the square footage of what is proposed to be removed is less that what is being replaced. Mr. Willet states that this request goes beyond a minor modification and suggests that a NOI be filed for the change. MOTION: To deny the request for a minor modification was made and seconded. UNANIMOUS c. Austin Farms - Lots 1 - 17 - SE48- 297 and 336 Mrs. Philbrick, representing the bank that forclosed on the subdivision, is present and attempts to explain her request for a partial Certificate of Compliance for Lot 5. She says this lot and others are not involved in the Orders that were issued for the road construction and brushcutting. The original NO! <SE48-297) was filed at the time of the preliminary plan before the Planning Board and was for drainage swales and brushcutting, she adds. Mr. McKelway says this Order was also for the construction of a road across a ditch. He says that late in the afternoon Glen Wills, in behalf of the new owners of the subdivision, requested a Certificate of Compliance for SE48-297 and partial Certificates for many lots under SE48-336. Mr. McKelway adds that these lots probably do not need partial Certificates because no work was proposed on them. '0 Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for July 26, 1990 Page 15 After consulting briefly with Glen Wills, Ms. Philbrick requests a letter from the Commission stating that Lots 1 - 17 are not subject to the Orders. Mr. McKelway states that the letter should also state that this does not relieve the ow"ner -From filing with the Commission on some of the lots that are within the Commission's jurisdiction. MOTION: To send a letter releasing the discussed lots from the old Order and add that this does not exempt the lots from filing with the Commission for future work was made and seconded. UNANIMOUS c. Vacation request - Ben Mr. McKelway requests two weeks off in August with four days of unpaid personal leave. He explains that he has only six paid vacation days left. MOTION: To approve the request was made and seconded. UNANIMOUS d. Fishers Landing Conservation Restriction MOTION: To sign the restriction was made and seconded. UNANIMOUS 6. CORRESPONDENCE Mr. McKelway highlights a letter from the Greenhill's attorney that states that they will no longer fill in the ditches that are illegally being dug on the beach. The filling without a permit is also a violation according to DEP, he adds. 7. MINUTES: for July 12, 1990 MOTION: To approve the minutes as drafted was made and seconded. UNANIMOUS 8. BILLS TO BE PAID 9. FIELD INSPECTIONS - Monday, August 6, 1990 at 4:00 PM () ( 17 -L. I !/14/) 'ff: A .____;_ /lI.j!. foZU a Jtf11 tf (/ '1 / u Jf^ rI~ /~. Wj