HomeMy WebLinkAbout1990-08-09
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
MEETING MINUTES FOR AUGUST 9. 1990
The meeting was called to order at 7:02 PM in the Cafeteria of
the Nantucket High School. Commissioners present were William
Willet, Donald Visco, Dan Kelliher, Henry Wasierski, Laura
Hussey, Peter Wilson. Also present were Ben McKelway,
Administrator and Bruce Perry, Secretary.
The Commissioners were polled and voted to go immediately into
Executive Session.
~ EXECUTIVE SESSION
a. Litigation
The open meeting was reconvened at 7:32 PM
~ COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC
NONE
~ PUBLIC HEARINGS
1. Old North Wharf - SE48-549 (42.3.1-225,229,230,233,234)
Present were the applicants Edward and Alfred Sanford and
Melissa Philbrick, counsel.
Mr. McKelway comments that the Commissioners had been sent a
summary of Town Counsel's opinion and a draft denial of the
project. He summarizes the position taken by Town Counsel.
Mr. Alf Sanford comments that they had wanted the local
support of the Town's boards when they went to the state. He
adds that he was under the impression that the Town wanted to
have some input on the State studies before the State decided
its case. He asks if the file is denied when it should be
resubmitted?
Mr. Willet responds that originally the Commission had
wanted to keep the file open as long as the State process was
continuing but in light of Counsel's position it seems not
possible. He suggests that the NOI could be resubmitted with
the waiving of filing fees after the DEIR is filed.
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 2
Mr. Ed Sanford adds that their counsel disagrees with the
opinion of Town Counsel. He wants to know the parameters of the
denial and make sure the rules are clear. He states that he
does not want to see the project tied up in procedural appeals
when the considerations of the Commission should be
environmental.
Mr. Visco agrees commenting that the file should be decided
on a majority present and voting at that time no matter whether
or not they were present at any previous hearings.
Mr. William Straus, counsel for some of the abutters, states
that it was not the intent of his information solely to delay
the project. If that was the intent then he would have waited
until later in the process to mention it, he adds. He states
that he believes that the Mullen case does apply in this
instance.
Mr. Ed Sanford states that Mr. Straus, as nice as he is
being, is not here to help the applicants out but represents
abutters that are opposed to this project.
Mr. Willet asks if the applicants wish to withdraw the file
without prejudice at this time.
Mr. Alf Sanford responds negatively.
MOTION: To deny the project solely on procedural grounds
without prejudice was made and seconded.
Opposed by Mr. Dunwiddie, all others in favor.
Mr. McKelway suggests some changes to the Draft denial that
the Commission had received.
# 2 Changes to "the public hearings"
Finding # 3
delete entirely
In the conclusion - change prohibit to deny
He suggests that the NOI be resubmitted at the DEIR filing.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 3
Mr. Ed Sanford states that the DEIR should be submitted
within six weeks to two months.
MOTION: To accept and issue the denial with the
suggested changes was made and seconded.
Dr. Dunwiddie abstains, all others in favor.
ORDER OF CONDITIONS (PROJECT DENIAL)
OLD NORTH WHARF TRUST
DEP FILE NUMBER SE48-549
ASSESSOR'S MAP 42.3.1, PARCELS 225, 29, 30, 32, 33, AND 34
UNDER THE WETLANDS PROTECTION ACT
(M.G.L. CHAPTER 131, SECTION 40)
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
(CHAPTER 136)
FINDINGS
Public hearings on the above Notice of Intent under the
Massachusetts Wetland Protection Act (M.G.L. Chapter 131, Section
40) and the Wetlands Bylaw of ttle Town of Nantucket (Chapter 136)
opened May 25, 1989, and were continued intermittently until
August 9, 1990.
On July 12 the Commission took note of the fact that three of its
members had been replaced recently by new members. That same
evening, the Commission took note of the fact that there was not
a majority of members which had attended the public hearings on
this application.
CONCLUSION
Because it is important to all parties that the public hearings
for this application be legitimate and that all members of the
Commission be fully informed regarding all evidence, verbal and
written, submitted at these hearings, and because the Commission
would like its Order of Conditions to withstand an appeal by any
party, the Commission hereby denies the work as proposed in the
Notice of Intent with its accompanying plans and documents (DEP
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 4
File No. SE48-549). This proposal is denied under the
Massachusetts Wetlands Protection Act and under the Nantucket
Wetlands Bylaw. However, this denial is issued without
prejudice, on procedural grounds only. The Commission has not
yet heard all the evidence it needs to make a decision on the
merits of this proposed project.
The application shall be deemed to be refiled, with application
fees waived, upon receipt of a letter from the applicants stating
that the Draft Environmental Impact Report has been filed with
the Massachusetts Executive Office of Environmental Affairs.
Forthwith, the Commission's Administrator shall set a date for
the new pubic hearing which will allow timely publication of the
notice of said hearing at no expense to the applicants. The
applicants shall mail, certified mail, return receipt requested,
at their expense, timely notice of the hearing to all abutters,
in accordance with local regulations regarding new applications'.
This notice will be written by the Commission's Administrator and
delivered to the applicants or their representative as soon as
possible following the receipt of the letter mentioned above.
Proof that the abutters have been duly notified in a timely
manner must be presented to the Commission before the hearing can
be opened.
This denial supersedes all of the wording in Form 5 (attached)
which implies that some work will be permitted under this Order.
This denial shall apply to any successor in interest or successor
in control.
###
2. Killen - West Chester Street - SE48-596 (41-370)
Commissioners Visco and Kelliher abstain from any
discussion and vote.
Present for the applicant was Glen Wills.
Dr. William Sherman, abutter to the project, thanks the
Commission for allowing him the time to speak on th~ project.
Mr. Wills provides him an overVlew of the project and a
change in the flagging as a result of the field inspection.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 5
Dr. Sherman asks how far the house is back from the road,
the height of the ridge and the actual footprint of the
proposed house ?
Mr. Wills responds that the house is proposed to be
approximately 230 feet from the road and that the house had not
been designed as of yet. He adds that the applicant has
proposed to build on this lot because it is the most difficult
of the three that he owns. They recognize that the Lot 369 is
unbuildable due to the amount of wetlands and zoning problems,
he adds, and that the driveway itself is not going to infringe
on the buffer, just the trench for the utilities as they are
being laid down. The driveway is going to be built at grade and
not raised which will result in no change in water flow across
the property, he concludes.
Dr. Sherman comments that he is worried about the further
intrusions into the undisturbed buffer by equipment and trucks
as the project goes forward. He adds that he has considerable
doubt that the buffer will be protected.
Mr. Wills responds that the silt fence and hay bales will be
put in place before work commences and that it is the burden of
the applicant to repair any disturbance to the satisfaction of
the Commission.
Dr. Dunwiddie asks if there is any other way to install the
utilities and not require a waiver?
Mr. Wills responds that the utilities could be encased in
concrete for their entire length and that would result in
greater disturbance than proposed.
Mr. Wasierski asks about the sewer pump and problems caused
when there is a power outage.
Mr. Wills responds that the fittings are air tight and in
the event of a power outage it will back up into the house. He
suggests that a plug could be added to allow the pump to be
hooked up to a generator in the case of a long power failure.
Mr. Wasierski states that if the pump is within ten feet of
the house that it has to conform to the plumbing code.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 6
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
3. Tristrams-Long Pond Homeowners SE48-597 (59 & 60)
Present was Arlene Paquette, President of the
Association.
Mr. McKelway states that Dave Shepardson form MEPA was down
on Tuesday for a site inspection. He has received a copy of a
letter from Mass. Heritage that is opposed to the project. They
feel that the project occurs in BVW not Land Under Water and
they worry about the loss in habitat for endangered species.
Mrs. Paquette states that she does not have any new
information for the Commission but points out on the plans
where the proposed "windows" might be and adds that they are
not essential for the project.
Mr. McKelway explains the old Orders with on-going
conditions that pertain to this project. He comments that SE48-
135 was issued in 1980 and covers most of the ponds. It would
allow for up to two acres to be removed from Long Pond. He
cautioned that the regulations have changed and wildlife
interests have come into effect since this Order was issued. He
spoke with Betsy Kimball at DEP who commented that the original
Order talks of an on-going management program for the pond that
was never done and that the Conditions would only be applicable
for areas that were done in 1981.
Mr. Wasierski comments that if the Miacomet Pond conditions
are valid and then why not these conditions.
Mr. Willet states that the Commission is in favor of this
project and would like to see what response MEPA and Mass.
Heritage has before looking into other alternative solutions.
MOTION: To continue the hearing for additional
information and response from Mass. Heritage was made and
seconded.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 7
UNANIMOUS
4. David Poor - Lauretta Lane - SE48-599 (14-10.2)
MOTION: To continue the hearing the request of the
applicant was made and seconded.
UNANIMOUS
5. Johnson - Easton Street - SE48-600 (42.1.4-18)
Present for the applicant was John Shugrue.
Mr. Shugrue submits a plan showing a containment boom in the
harbor and comments that the bulkhead is to be faced with wood
or 'plastic wood'.
Mr. Arthur Reade, representing abutters to the property,
states that his clients do not disagree with the fact that the
bulkhead needs replacement but they object to the fact that it
will be going out almost five feet further. He also questions
that the amount of disturbance would be greater with wooden
bulkhead replacements.
Mr. Shugrue states that the concrete bulkhead will last
about 50 years and a wooden one will last only about 20-25
years. In the same length of time there will be two
replacements of the wooden bulkhead so that after fifty years
they will end up out the same distance as the one concrete
replacement. The existing groin between the property will
remain and he expects a build up of the beach on the east side
due to the project.
Mr. Reade comments that this project may result in a
proliferation of concrete bulkheads and suggests that the
Commission allow a more modest project.
Mr. Shugrue states that he had looked into other methods for
the project (i.e. freezing unit) but he felt that it would
result in more damage and disturbance to the harbor.
Ms. Cheryl Creighton comments that it is not the intent of
the regulations to allow continual encroachment toward mean
high water.
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 8
Mr. Shugrue states that the lift pump has been removed and
is no longer there.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
Commissioner Wilson is opposed, all others in favor.
* 6. Oliver - 5 Kimball Ave. - (30-32 & 32.1)
Present for the applicant was Les Smith of Daylor
Consulting, Arthur Reade counsel and Nathan McMullen of
Design Associates.
Mr. Willet reads the inspection report.
Mr. Smith summarizes the project. he states that the Coastal
Bank regulations require that the bank be touched or confine
the 100 year flood. In this case the dune in front of the bank
is well above the 100 year flood elevation and will confine the
storm event, he states. The bank in this area is very stable,
he adds, and seems that the fulcrum for the stabilization of
the beach is at this property.
Mr. McMullen states that the deck will have block footings
and will be the same size as the existing brick patio.
The Commission reviews that draft drawings proposed by the
Guidelines on Coastal Banks Task Force whose recommendations
have been forwarded to the State.
MOTION: To close the hearing and draft an Order of
Conditions was made seconded.
UNANIMOUS
* 7. Saligman - 117 Eel Point Road - (32-1)
MOTION: To continue the hearing for additional
information, field inspection, file number at the request of
the applicant was made and seconded.
UNANIMOUS
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 9
* 8. Niskayuna R.T. - 1 Hulbert Ave. - (29.2.3-6.1)
Present were the applicant John Greenleaf, Bob Emack of
Nantucket Surveyors, and Arthur Reade counsel.
Mr. Willet reads the inspection report.
Mr. Emack submits a new plan showing the building envelope
outside the 50 foot buffer, and comments that the height will
be approximately zoning limit of 30 feet above grade and that
there are no plans to raise the grade of the property.
Ms. Rachael Hobart, representing abutter Elizabeth Sanford,
comments that her client is worried about a large house
blocking her view to the ocean.
Mr. Emack states that the stringers for the dune walkway
will be laid on the dune itself.
MOTION: To continue the hearing with the aCqUleSCence of
the applicant was made and seconded.
UNANIMOUS
* 9. Doucette - 18 Grove Lane - SE48-601 (41-441)
MOTION: To continue the hearing for additional
information, field inspection, abutter notification at the
request of the applicant was made and seconded.
UNANIMOUS
D. REGULAR MEETING
1. REQUEST FOR DETERMINATION
** a. Moran - Ames Ave. - (60.2.4-63)
Commissioners Hussey and Dunwiddie abstain from the
discussion and the vote.
Present for the applicant were David Sayre and Michael
Bachman.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 10
Mr. Willet reads the field inspection report.
Mr. Sayre explains that the original intent was to clean up
the property and remove some of the sheds. When there was the
need to provide a secondary egress to the property, the owners
thought that a deck would be appropriate.
Mr. Bachman submits a septic system design places it outside
of 100 feet to the coastal bank, it also shows the limit of
work snow fence and the extreme high water mark. He suggests
that the Commission require the filing of a NOr for the septic
replacement but consider the deck as insignificant and allow it
under this RFD. He draws the outline of the deck on the plan he
submitted ( 20' x 8' ).
Mr. Perry states that the corner of the house is within one
foot of the top of the coastal bank. The Commission cannot give
waivers from its regulations at the Determination level.
MOTION: To issue a positive Determination and require a
NOr for the work was made and seconded.
UNANIMOUS
* c. Bingham - Tom Nevers Head - (90-3)
Mr. Willet reads the inspection report.
MOTION: To issue a negative determination as recommended
in the inspection report was made and seconded.
UNANIMOUS
* d. Cuddy - 30 Bassett Road (26-48)
Present for the applicant was John Shugrue.
Mr. Willet reads the inspection report which recommends that
all access be from the side of the house away from the wetland,
that all excavated material be removed using the utility path
next to the house, and a line of snow fence be placed next to
the existing house to prevent access from that side.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 11
MOTION: To issue a negative determination with the
mentioned conditions was made and seconded.
UNANIMOUS
* e. Marcy - 5 Crow's Nest way - (12-222)
Present were the applicant Donald Marcy, Arthur Reade
counsel, Katherine Barnicle of IEP.
Mr. Marcy states that the RFD was refiled after some
confusion at the previous hearing.
Ms. Barnicle explains how she made her determination and
states that the area does not meet the criteria for a wetland
under state or local regulations.
Dr. Dunwiddie agrees that this is not a wetland commenting
that there are some wetland plants but not 50% cover in this
area.
MOTION: To issue a negative Determination stating that
the property is not subject to the Act was made and
seconded.
UNANIMOUS
* f. Baker - Madaket Road - (59.4-119.1)
MOTION: To continue due to the lack of abutter
notification and representation was made and seconded.
UNANIMOUS
** The rest of the determinations were discussed concurrently **
b. Minnihan - Austin Farms - Lot 18 - (56-388)
* g. Barnside Realty Trust - Lot 4 - (56-362)
* h. Barnside Realty Trust - Lot 6 - (56-364)
* i. Barnside Realty Trust Lot 19 - (56-380)
* j . Barnside Realty Trust Lots 20\35 - (56-381 & 382)
* k. Barnside Realty Trust - Lot 22 (56-375)
* 1. Barnside Realty Trust - Lot 23 - (56-376)
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 12
* m. Barnside Realty Trust Lot 24 (56-377)
* n. Barnside Realty Trust - Lot 25 (56-378)
* o. Barnside Realty Trust Lot 26 (56-379)
* p. Barnside Realty Trust Lots 29\30 - (56-370 & 371>
Present for the applicant was Lisa Standley of Daylor
Consulting and Rachael Hobart of Vaughan, Dale & Philbrick
Ms. Standley states that the following lots should be given
negative determinations because all the proposed work is
outside the 100 foot jurisdiction of the Commission: Lots ~, 6,
22, 23, 2~, 25, 26.
Dr. Dunwiddie agrees with the recommendation.
MOTION: To issue a Negative Determination for lots 4, ~,
22, 23, 24, 25, 26 was made and seconded.
UNANIMOUS
Ms. Standley states that for Lots 29/30, 35/20, 19, 18 there
is extensive areas of wetland that prohibits the work from
being completely 100 feet away. She adds that the limit of work
is outside of 50 feet to the wetland and that it includes all
decks, lawns, garages, etc. She recommends the lots receive a
negative Determination with the following conditions: 1) flag
and stake the 50 limit of work line; 2) notify the Commission
before any work starts; 3) an as-built plan be submitted for
the Commission's approval. She adds that these conditions
exceed the regulations for RFDs and therefore there is no need
to require a NOI.
Dr. Dunwiddie disagrees with the suggestion commenting that
people are inclined to violate the regulations and that it is
hard to keep tabs on a project at the RFD level. The Commission
has very little control on a project after a Determination is
issued.
Ms. Standley states that the suggested conditions would glve
adequate control of the project and that violations could be
enforced. The applicants have tried to anticipate prOblems and
proposed solutions to them.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 13
Dr. Dunwiddie responds that it is hard to anticipate all
possible problems and therefore a NOI should be required for
these lots.
MOTION: To issue a Positive Determination for lots
29/30, 35/20, 19, 18 and require that a NOI be filed for
these projects was made and seconded.
UNANIMOUS
2. ORDER OF CONDITIONS
a. Greenhill - off Hoick's Hollow Road SE48-598 (23-1)
Commissioners Willet and Dunwiddie abstain from any
discussion and vote.
MOTION: To issue as drafted was made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
ROBERT F. AND MARY GAYLE GREENHILL
DEP FILE NUMBER SE48 - 598
ASSESSOR'S MAP 23, PARCEL 1
16 HOICKS 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. Prior to any activity at the site, a siltation fence or a
line of haybales shall be staked between the project site
and the top of the bank, at least 25 feet from the top of
the bank. 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 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
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 14
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 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.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 15
10. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
11. Natural vegetation between the bank and the project site
shall be left intact except where it is necessary to
temporarily use this area. After construction, disturbed
areas along the new driveway shall be replanted with native
plants.
12. The driveway shall be pervious and no wider than 9 feet.
13. 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 an eroding bank at any time in the future to protect the
project allowed by this Order of Conditions.
###
b. Killen - West Chester Street - SE48-596 (41-370)
Present for the applicant was Glen Wills.
# 14
Mr. McKelway suggests that the driveway be at grade and made
of pervious materials
Others suggestions included 48 hour notice to the Commission
after the haybales are staked and that the wording in the
waiver be changed to allow the waiver for the utility lines
only.
MOTION: To issue the Order drafted with the suggested
changes was made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 16
BRUCE KILLEN
DEP FILE NUMBER SE48 - 596
ASSESSOR'S MAP 41, PARCEL 370
WEST CHESTER STREET
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 shall
be staked and properly toed in accordance with the line
shown on the final approved plan. The siltation fence,
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 phas~s
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 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 require the submittal of any data deemed necessary by
the Commission for that evaluation.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 17
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. 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. In all cases, no part of any structure, including decks, may
be closer than 50 feet from the wetland edge.
13. 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, except for a small lawn which may extend no more
than 15 feet from the house. There must be a 25-foot
undisturbed buffer zone on the upland side of the wetland
boundary.
14. The driveway shall be no wider than 10 feet.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 18
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 driveway permitted by this Order would enter that
zone. 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, this waiver is granted under
the authority of Section 1.03(F)(I)(a) of the Wetlands Protection
Regulations of the Town of Nantucket.
###
3. CERTIFICATE OF COMPLIANCE
a. Boynton/Cuddy - Bassett Road - SE48-204 (25-48)
MOTION: To issue the Certificate as recommended in the
inspection report was made and seconded.
UNANIMOUS
b. Sisk - 153 Wauwinet Road - SE48-578 (11-3>
Mr. Willet reads the inspection report.
MOTION: To issue the Certificate as recommended in the
inspection report was made and seconded.
UNANIMOUS
c. Sarnside Realty Trust - Austin Farms - SE48-297 (56-54)
Present for the applicant were Michael O'Mara, Glen
Wills and Rachael Hobart.
Mr. Wills explains the original NOI and the changes that
occurred during the Planning Board process. He requests a minor
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 19
modification to SE48-336 to include the roadwork only and that
a COC be issued for SE48-297 stating that the proposed work was
never done.
Mr. McKelway states that he had spent a long time in the
morning discussing this with Mr. Wills and the modification is
minor enough and it will clarify the situation in the
development.
Ms. Hobart states that she is concerned about the record of
the title and explains that the Order in SE48-336 applies to
all the lots whether or not they are within 100 feet of a
wetland. She requests a Confirmatory Order be issued that does
not allow any work but explains that the Order in SE48-336
applies only to lots within 100 feet of a wetland.
MOTION: To approve the minor modification to SE48-336 as
requested was made and seconded
UNANIMOUS
MOTION: To issue the Certificate of Compliance for SE48-
297 was made and seconded.
UNANIMOUS
MOTION: To draft a "Confirmatory Order of Conditions"
that identifies the specific lots that fall under the
jurisdiction of SE48-336's Order was made and seconded.
UNANIMOUS
d. Sharp/Landreth - Polpis Road - SE48-253 (27-11)
Mr. Willet reads the inspection report.
MOTION: To issue the COC as requested commenting that
the work was never done was made and seconded.
UNANIMOUS
e. McMaster/Collum - Western Ave. - SE48-311 (87-82)
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 20
MOTION: To issue a partial Certificate of Compliance
that approves the installation of the well and septic system
was made and seconded.
UNANIMOUS
f. Perelman - 57 Wauwinet Road - SE48-394 (14-22)
Mr. Willet reads the inspection report.
MOTION: To issue the COC as requested commenting that
the work was never done was made and seconded.
UNANIMOUS
4. EXTENSION PERMIT
a. Heinz/Wolff - 29 Hinkley Lane - SE48-374 (Map 30-22.1)
Present for the applicant was Les Smith of Daylor
Consulting.
Mr. Smith explains that the project has not commenced due to
a bad business year for Mr. Wolff.
Dr. Dunwiddie states that he is not in favor of approving
the extension commenting that the regulations have changed and
that the applicant has had plenty of time to do the project.
MOTION: To deny the extension request was made and
seconded.
In Favor: Dunwiddie, Wilson Opposed: Visco
Abstained: Wasierski, Hussey
5. PLANNING BOARD REFERRAL
a. Bruce Watts - Otokomi Road
Present was Bruce Watts.
Mr. Willet reads the inspection report.
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 21
Mr. Watts explains that Town water and sewer lines are now
available for this project.
Mr. McKelway states that the Commission has issued a
Negative Determination for a gravel road already.
Dr. Dunwiddie states that in Lot 7 there is approximately 85
feet from the road to the wetland boundary.
MOTION: To send a letter to the Planning Board stating
that Lots 5, 6, 7, 8 are subject to the Act and local
regulations was made and seconded.
UNANIMOUS
6. OTHER BUSINESS
a. Lugosh - enforcement?
Mr. Perry states that he had visited the site at the
beginning of the week and that the brick patio has been removed
and that the brush has been removed from the wetland. No
further action is needed, he adds.
b. Sankaty Head - SE48-548 (23-9)
minor modification
Present for the applicant was Rachael Hobart.
Mr. McKelway states that the request is to move the
buildings further back from the bank.
Ms. Hobart submits a plan of the proposal. She states that
the proposal is to remove the old building on the west boundary
and relocate Buildings marked "A' and "C". The existing
foundations will be removed and the area will be replanted, she
adds, and the Cabanas are on piers and are not planned to be
moved yet.
MOTION: To approve the proposed work as a minor
modification to the NOI was made and seconded.
UNANIMOUS
c. Woodbury Lane - Lot 6 - Minor Modification
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 9, 1990 Page 22
Present were Arthur Reade, Les Smith and Lisa Standley.
Mr. Smith explains that the potential owners would like to
change the approved footprint on the lot. The wetland boundary
has been reflagged by Lisa Standley.
Mr. Wasierski asks what the difference in the footprint will
be ?
Mr. Smith responds that he does not know. But adds that the
old footprint will be approximately 42 feet from the wetland
but the new footprint will be approximately 44 feet at its
closest point.
MOTION: To allow the minor modification and require th~
applicants to come back in when the footprint has been
established was made and seconded.
UNANIMOUS
7. CORRESPONDENCE
8. MINUTES: for July 26, 1990
MOTION: To approve the minutes as drafted was made and
seconded.
UNAN I f10US
9. BILLS TO BE PAID
10.FIELD INSPECTIONS - Monday~ August 20, 1990 at 4:00 PM
The meeting was adjourned at 11:03 PM
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