HomeMy WebLinkAbout1990-08-23
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
MEETING MINUTES FOR AUGUST 23. 1990
The meeting was opened at 7:03 PM in the Nantucket High School
Cafeteria. Commissioners present were William Willet, Peter
Wilson, Peter Dunwiddie, Dan Kelliher, Laura Hussey and Henry
Wasierski. Also present was Bruce Perry, Secretary.
The Commissioners were polled and voted unanimously to
immediately into Executive Session to discuss litigation.
~ EXECUTIVE SESSION
a. Litigation
The Open Meeting was reconvened at 7:53 PM
~ COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC
Overview of proposed Polpis Bikepath
Present were Ron Thompson and Gene Crouch of Vanasse,
Hangen, and Brustlin, the Town's engineer.
Mr, Thompson states that they wanted to come to the
Commission with some preliminary information.
Dr. Dunwiddie asks why they have not filed a NOI as of yet?
Mr. Thompson responds that the discussion is preliminary in
nature and they will file later. He states that the bike path
as it is presently configured will approximately one mile of
wetland crossings. Instead of the significant filling these
areas would require, they are proposing to use bridges to
cross the wetland. These bridges would be made out of wooden
or concrete piers with wooden decking, he adds.
Mr. Crouch states that in the summer of 1988 the wetland
areas were flagged and a couple of the Commissioners reviewed
the flagging at that time and the wetland areas have been
surveyed on the plans. The proposal is to have the bridges go
past the wetland boundary and to the toe of the slore of the
wetland.
Mr. Thompson adds that the life expectancy of the bridges
is to be approximately 50 years; the width is to be eight
feet; and that the NOI is expected to be filed after the first
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 2
of the year. The construction of the bridges is to be from the
edge of the road by crane where possible.
Mr. Willet asks if there any replication proposed?
Mr. Crouch responds that because the bridge structures are
being placed above the wetlands there will be no filling that
requires replication.
Mr. Thompson states that they want the public to
participate in the planning and that the longest stretch of
wetland to be crossed is approximately 500 - 600 feet.
Mr. Jim Lentowski of the Nantucket Conservation Foundation
states that the bikepath will cross nine of their properties
for a length of one mile, a third of which will be wetland
crossing. The Commission has been worried about hardwood
vegetation destruction and the preliminary plan the he had
seen shows significant stands of trees that are in the way, he
adds. He comments that he has a had problems with contractors
that are hired to construct other tlike paths bringing in
equipment that are well in excess of the size that is required
to build an eight foot bikepath. In order to maintain the
rural look of Polpis road, care should be taken to minimize
the impact the bikepath will have, he concludes.
The consensus of the Commissioners is that they want to be
involved in the process early on in the design and that when
the NOI is filed to be able to make some changes if necessary.
They suggest a date be set up for the Commissioners and the
englneers to walk the wetland areas before the vegetation
dies,
C. PUBLIC HE~FINGS
1. Tristrams-Long Pond Homeowners SE48-597 (59 & 60)
Mr. Perry states that the Commission has been notified that
a Chapter 91 license will be required for the project.
MOTION: To continue the hearing for additional
information was made and seconded.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 3
UNANIMOUS
2. David Poor - Lauretta Lane - SE48-599 (14-10.2)
MOTION: To continue the ~Iearing at the request of the
applicant was made and seconded.
UNANIMOUS
3. Saligman - 117 Eel Point Road - SE48-603 (32-1)
Present for the applicant was Jeff Blackwell.
Mr. Willet reads the inspection report.
Mr. Blackwell states that the decks are 90 feet from the
edge of the bank at the closest point and he asks what the
Commission would like to see changed.
Mr. Willet responds that the platform at the top of the
bank is not usually approved; to limit the amount of fill to
15 feet in front of the decks; fine tune the stair drawings to
better reflect existing conditions and find the annual erosion
rate for the area.
MOTION: To continue the hearing for additional
information at the request of the applicant was made and
seconded.
UNANIMOUS
4. Niskayuna R.T. - 1 Hulbert Ave. - SE48-602 (29.2,3-6.1)
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
** 5. Doucette - 18 Grove Lane - SE~8-601 (41-441)
Present for the applicant was Lisa Standley of Daylor
Consulting Group
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 4
Dr. Dunwiddie explains the field inspection done today and
states that the wetland boundary near Grove Lane has been
moved to the toe of the slope from where it was flagged.
Ms. Standley adds that the boundary would be between the 14
and 15 foot contour and because of this there will have to be
some redesign of the project to keep the amount of filling
less than 5000 square feet. Presently, the project calls for
filling 4460 square feet and replicating 4710 square feet, she
thinks that there will have a retaining wall to limit the
amount of filling.
Mr. Norman Cheleki states that zoning in that area requires
a 30 foot front yard setback.
Ms. Standley states that there is no other access to the
property and that all the work will be done from the wetland
side.
Mr. Willet states that the 1950 square feet footprint is
quite generous considering that we have required a smaller
footprint just over a driveway crossing. He formally places in
the record the following publications:
1. "Analysis of Permitting Activity Involving Wetland
Replication Projects in Massachusetts" by Ross A.
Dobberteen.
2. "Mitigating Fl-eshwater Wetland Alterations in the
Glaciated Northeastern United States: An Assessment of
the Science Base" edited by Joseph S. Larson and
Christopher Neill.
3. "Wetland Replication: An Evaluation of Massachusetts'
Mitigation Policy" by Frances H. Clark.
4. "Wetland Creation and Restoration: the Status of the
Science" edited by Jon A. Kusler and Mary E. Kentula.
Mr. Norman Cheleki, )-epresenting Richard Corkish an abutter
opposed to the project, states that he has some issues that
have to be addressed by the Commission:
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 5
a.) The narrative on the NOI states that the wetland is
not significant to a majority of the performance standards
of the act - the definition of significant has to be
addressed.
b.) The applicants will violate the 50 foot wetland
setback for new construction.
c.) the location may be dry now but in the spring and
fall there is a lot of water in the property.
d.) There should be a second opinion on the property
and the applicant should be charged for the costs.
e.) "Can't fix it don't break it" publication from MACC
which comments that wetland replication is an unproven
technique.
f.) There is no sewer application on file.
Ms. Cheryl Creighton states that the wetland functions need
to be addressed.
MOTION: To continue the 11earing for additional
information at the request of the applicant was made and
seconded.
UNANIMOUS
* 6. Cameron - 30 Shawkemo Road - SE48-605 (27-2>
Present was Lisa Standley of Daylor Consulting Group.
Mr. Willet reads the inspection report which comments about
the grading for the croquet course.
Ms. Standley objects to the comment that extensive grading
is required. She comments that only approximately 400 square
feet comes within 50 feet to the wetland and there are no
plans to use fertilizers and herbicides on the property.
Dr. Dunwiddie responds that this seems unlikely in light of
the intended use.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 6
Mr. Perry explains that he is concerned about the
application of these chemicals close to the wetland boundary
and the saltmarsh where the potential for them to be carried
by rain water or leaching into the groundwater could pose a
problem.
Ms. Standley states that over half of the croquet area is
outside of 100 feet to the marsh.
Ms. Cheryl Creighton responds that the size and proximity
to the resource areas should pose a worry to the Commission
and that leaching of chemicals is a far greater potential
problem than previously thought.
MOTION: To continue the hearing for additional
information at the request of the applicant was made and
seconded.
UNANIMOUS
* 7. Lugosch - 15 Fulling Mill Road - SE48-607 (27-8)
Present for the applicant was Bob Daylor of Daylor
Consulting Group.
Mr. Daylor explains the ~roject commenting that the deck
will allow access to the beach without disturbing the dune,
the height off the sand will match the height of the existing
storage box (approximately one foot off). The deck is proposed
to be 14' x 14'; the ramp is to be 10' x 4'; the patio is to
be 18' x 20' and he adds that the NOI has requested a waiver
from the coastal dunes setback regulations.
Mr. Willet states that there is a lot more deck proposed
than the Commission had required to be removed. He asks what
the size that was approved recently at the Greenhill's?
Mr. Perry responds that it was 8' x 10'.
Dr. Dunwiddie states that the Commission should be
cons i s tent with we r equ i red a t the Greenh ill site and tha t t~le
wooden deck should be snugged up to the existing storage
locker so that people do not have to step off the deck to get
into the locker.
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 7
Mr. Daylor responds that the locker would be in the way of
the view.
Mr. Perry states that the locker was originally denied by
the Commission but approved with a Superseding Order from DEP.
MOTION: To continue the hearing at the request of the
applicant was made and seconded.
UNANIMOUS
* 8. Matthews - 1 Quidnet Road - (20-462)
Present is the applicant Peter Matthews.
Mr. Willet reads the inspection report
Mr. Matthews states that he would be allowed to put the
shed near the driveway as long as it is ten feet from the
pl-operty line.
Dr. Dunwiddie comments that he will take the "Lee Dunn"
position and does not want to see any new construction closer
than 50 feet to a wetland.
Mr. Wasierski asks if ttte applicant requested a il'Jaiver and
if so what is the hardship to allow the waiver.
Dr. Dunwiddie adds that the lot was marginal at the time of
the original filing and suggests that the applicant should be
happy with what is already there.
MOTION: To continue the hearing for a file number, a
waiver request and additional information at the request of
the applicant was made and seconded.
UNANIMOUS
* 9. Richards - 25 East Tristram Ave. - (31-1)
Present for the applicant was John Shugrue.
Mr. Willet reads the inspection report.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 8
Mr. Shugrue states that the rocks were originally placed at
the top of the bank and gravity has caused them to end up at
the bottom. He agrees that the rocks should move and be better
organized.
Mr. Perry summarizes conversations with DEP stating that
they want proof that all other avenues to protect this lot
will not work before allowing a fixed engineering structure,
but he adds that if their questions were answered then an
expansion of the bulkhead may be possible.
Mr. Shugrue responds that revegetation will not without
stabilizing the bank and reducing the slope on the bank face.
He states that he will come back with something.
MOTION: To continue the hearing for additional
information and a DEP file number at the request of the
applicant was made and seconded.
UNANIMOUS
* 10.Newquist - Faro Way - (14-15 & 61)
Present for the applicant was Lisa Standley of Daylor
Consulting Group and Andrew Leddy counsel.
Ms, Standley summarizes the proposed project and comments
that the driveway meets the performance standards of the
regulations,
Dr. Dunwiddie states that in the RFD discussion the
Commission stated that the regulations were minimum standards
and if there was the possibility that more distance could be
obtained then it was required,
Mr. Leddy states that the RFD hearing centered about the
driveway being gravel and the demolition of the existing
structures and the NOI application has addresses these issues.
Melissa Philbrick, counsel for an abutter, asks if the
Commission is comfortable with wetland boundary for the new
driveway at its beginning?
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 9
Ms. Standley states that she had walked the entire line
with Ben and down gradient of the flagging was tupelo and
sweet pepper and up gradient was scrub oak.
Mrs. Philbrick states that she would like to see the line
marked on the plans as 'proposed limit of clearing' to become
the limit of clearing.
Both Commissioners Dunwiddie and Wasierski state that they
would like to see the property again and Ms. Standley states
that she will try to have the centerline of the driveway
staked as it is presently proposed.
MOTION: To continue the hearing for additional
information, a site visit, and a DEP file number at the
applicant's request was made and seconded.
UNANIMOUS
q. REGULAR MEETING
1. REQUEST FOR DETERMINATION
** a. Baker - Madaket Road - (59.4-119.1)
Present was the applicant Robert Baker.
Mr, Willet reads the inspection report.
Mr. Baker comments that he has been told that the sweet
pepper bush can grow anywhere and should not be a indicator.
Dr. Dunwiddie responds that the plant generally grows in or
very close to wetlands. He adds that the 7.5 foot contour
recommended in the inspection report is not the upper edge of
the sweet pepper bush line and as a matter of fact it is
approximately 15 feet lower than the edge of the line, it
takes into account its ability to move upgradient of a
wetland.
MOTION: To issue a positive determination for the
property was made and seconded.
UNAN I 110US
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 10
* b. Lang - 98 Tom Nevers Road - (91-40>
Present was the applicant, Robert Lang
Mr. Willet reads the inspection report.
Mr. Lang explains the project and its location.
MOTION: To issue a negative Determination commenting
that it is subject but will not alter the resource was made
and seconded.
UNANIMOUS
* c. Buskin, Inc. - 201, 203 Madaket Road (59-51 & 58.2)
Present were applicant Phillips Avery and Glen Wills.
Mr. Willet reads the inspection report.
Mr. Wills submits plans of the wetland delineation that was
done for the Wanoma Group when they filed with the Commission
in 1988. He states that this was the boundary that he used in
establishing the building envelopes for the RFD.
Dr. Dunwiddie responds that there was considerable
discussion concerning the boundary at the time but he does not
remember following the line all the way down to the end. He
suggests that the flags be re-surveyed in the field for the
NO I f i ling.
MOTION: To issue a positive Determination and require
the filing a NOI for the project was made and seconded.
UNANIMOUS
* d. Chiswick - 42 Meadow View Drive - (56-296)
Present was the applicant Nancy Chiswick
Mr. Willet reads the inspection report.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 11
Mrs. Chiswick explains that she wanted to be able to see
her children when they walked down to the pond. She explains
that the path was approximately ten feet wide and that is has
been widened by about fifteen feet.
Mr. Wasierski comments that this is how we lose the BVW
around our ponds and they turn into lawn as in this case.
Mr. Kelliher suggests that the applicant allow the
vegetation to grow back to its original width.
MOTION: To issue a negative determination for the work
but that the applicant be allowed to let the vegetation
grow back to its original width was made and seconded.
UNANIMOUS
2. ORDER OF CONDITIONS
a. Johnson - Easton Street - SE48-600 (42.1.4-18)
Present for the applicant was John Shugrue and Melissa
Philbrick.
# 12
Mr. Shugrue asks that this condition be removed entirely
states that he will come in with a NOI if the pump is to go
back in.
Mr. Perry states that there was no file when it put in
place before.
Mrs Phi lbrick states that tIle Commission now has the
authority to enter on to the property and inspect it.
REMOVE
# 12
Mr. Reade reiterates his Objections to extending the
bulkhead almost five feet out.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 12
Some of the Commissioners state that they feel that the
five feet is too much.
Mr. Shugrue asks if the Commission is going to be
responsible for the structural integrity of the bulkhead?
Dr. Dunwiddie asks if Mr. Shugrue wanted the application
denied if he is not willing to take less?
Mr. Wilson suggests a wooden bulkhead be used.
Mr. Shugrue responds that the applicant is going to replace
with a concrete bulkhead whatever distance is approved.
Mr. Wasierski states that it could be required to be
replaced in the same place.
Mrs. Philbrick states that the Commission needs to be
consistent with what they approved in other locations.
Mr. Willet states that with the Sherborne bulkhead
replacement was allowed two feet.
Modify to allow two feet only,
MOTION: To issue the Order as modified and require that
a revised plan be submitted to the Commission before the
commencement of work was made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
J. SEWARD JOHNSON, JR.
DEP FILE NUMBER SE48 - 600
ASSESSOR'S MAP 42.1.4, PARCEL 18
34 EASTON 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 boom shall be placed in
the water as shown on the final approved plan, to contain
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 13
floating debris. It shall remain in good repair during all
phases of construction, and it shall not be removed until the
site has been stabilized 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 JO.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 monitorinq 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.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 14
8. Used petroleum products from the maintenance of construction
equipment, construction debris, and unused paint and paint-
related products shall be collected and disposed of
responsibly off the site. No on-site disposal of these items
is allowed.
9. Any refuse material found on the site shall be disposed of at
an approved landfill and in no case may these materials be
buried or disposed of in or near a wetland.
10. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
11. The new bulkhead and all coverings shall be no more than
two (2) feet seaward of the existing bulkhead at its
furthest point.
12. Before the start of construction, a plan showing the
bulkhead design as amended in Condition # 11 shall be
submitted to the Commission.
###
b, Oliver - 5 Kimball Ave. - SE48-604 (30-32 & 32.1)
MOTION: To issue the Order as drafted was made and
seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
C. HARDY & ANN B. OLIVER
DEP FILE MJMBER SE48 - 604
ASSESSOR'S MAP 30, PARCEL 32 & 32.1
5 KIMBALL AVENUE
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTEI~ 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CI iAPTEH 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
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 15
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.
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 maintaining anyon-site drainage structures
and owtfalls, assuring the lasting integrity of vegetative
cover on the site and monitoring site activities so as to
prevent erosion, siltation, sedimentation, chemical
contamination or other detrimental impact to anyon-site or
off-site resource area. It shall be the responsibility of the
property owner of record to see that the maintenance
conditions are complied with as required by this order.
6. This document shall be included in all construction contracts
and subcontracts dealing with the work proposed and shall
supersede other contract requirements.
7. Used petroleum products from the maintenance of construction
equipment, construction debris, and unused paint and paint-
related products shall be collected and disposed of
responsibly off the site. No on-site disposal of these items
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.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 16
9. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
10. 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.
NOTE: For this particular parcel, the Commission agrees with the
applicant's assertion that the bank is not a coastal bank, as
defined in the state and local wetland protection regulations, at
the present time.
###
c. Niskayuna R.T. - 1 Hulbert Ave. - SE48-602 (29.2.3-6.1)
Present for the applicant was Arthur Reade,counsel and
Bob Emack, agent.
Mr. Perry states that there had been some discussion on the
draft order's prohibition of a coastal engineering structure
condition even though there is already one existing, He states
that he called DEP and their solution is to not allow
expansion of the bulkhead but only repair and maintenance.
Mr. Reade suggests the wording 'other than the existing
bulkhead and stone groin on the easterly boundary of the
property which may be repaired and maintained but not
e>:pended. '
MOTION: To issue the Order as amended was made and
seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
NISKAYUNA REALTY TRUST
JOHN GREENLEAF, TRUSTEE
DEP FILE NUMBER SE48 - 602
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 17
ASSESSOR'S MAP 29.2.3, PARCEL 6.1
1 HULBERT AVENUE
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 line of snowfencing shall
be staked between the dune and the site of the house. This
fencing, erected to contain windblown debris during
construction, will also serve as a limit of activity for work
crews, except for the workers who will be constructing the
dune walkover. The fencing 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 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
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 18
and outfalls, assuring the lasting integrity of vegetative
cover on the site and monitoring site activities so as to
prevent erosion, siltation, sedimentation, chemical
contamination or other detrimental impact to anyon-site or
off-site resource area. It shall be the responsibility of the
property owner of record to see that the maintenance
conditions are complied with as required by this order.
7. This document shall be included in all construction contracts
and subcontracts dealing with the work proposed and shall
supersede other contract requirements,
8. Used petroleum products from the maintenance of construction
equipment, construction debris, and unused paint and paint-
related products shall be collected and disposed of
responsibly off the site. No on-site disposal of these items
is allowed.
9. Any refuse material found on the site shall be disposed of at
an approved landfill and in no case may these materials be
buried or disposed of in or near a wetland.
10. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
11. Natural vegetation seaward of the house site shall be left
intact except where it is necessary to temporarily use this
area. After construction, any disturbed areas between the
beach and the house shall be replanted with native plants,
except that a lawn is allowed up to 25 feet seaward of the
building envelope shown on the final approved rlan. The
Commission has determined that the landward edge of the
dune is approximately the same as the e~isting split rail
fence shown on the final approved plan. Therefore, it is
important to maintain a 25-foot natural, undisturbed buffer
zone landward of this fence on the lot where construction
permitted by this Order will occur. This buffer is
required by Section 2.03(B)(2) of the Wetland Protection
Regulations of the Town of Nantucket.
12. All portions of the house, including but not limited to
outdoor showers, decks, patios, steps, and cantilevered
sections, must be inside the building envelope shown on the
final approved plan. Any such structure or portion thereof
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 19
which is found to extend outside of this envelope must be
removed.
13. To minimize adverse effects on wildlife, shellfish, and
general water quality in Nantucket Harbor, the use of any
pesticide or fertilizer more than 15 feet from the house is
prohibited.
14. No stockpiling of lumber or other materials is permitted on
the dune or beach.
15. Contrary to the Notice of Intent, the dune walkover shall
be elevated at least 1 foot but not more than 2 feet above
grade and shall be supported by pilings spaced no closer
than 20 times the diameter of the piling, in order to
minimize the structure's impact on the dune.
16. Spacing between all planks of the walkover shall be no less
than 1 inch, to allow sunlight to penetrate to the
vegetation below.
17. All wood used in the walkover shall be treated with a non-
leaching preservative such as CCA. No paint, creosote, or
pentachlorophenol is allowed.
18. No railings on the walkover are permitted, to minimize
impacts on wetland scenic views.
19. All work on the walkover shall be done by hand.
20. Following construction of the walkover, the entire vicinity
shall be revegetated with dune grass. This vicinity has
been subject to erosion problems in the past,
21. No coastal engineering structure of any kind shall be
permitted on the property in the future to protect the
project allowed by this Order with the exception of the
existing timber bulkhead and the stone groin on the
easterly boundary which may be repaired and maintained but
not expanded. 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
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 20
eroding bank at any time in the future to protect the
project allowed by this Order of Conditions.
###
3. EXTENSION PERMIT
a. Dujardin - Eel Point Road - SE48-301 - (32-4)
Withdrawn by the applicant.
b. Cranberry Construction - Westchester St. - SE48-425
Mr. Perry explains that he had visited he site and is
recommending that the request be denied at this time. There is
to much fill along the side of the road and they are using tre
siltation fence as a retaining wall, he explains, by having
them remove the dirt at this time will be easier than waiting
until it is all completed. Other than that the road, houses
and replication area seem to be built according to the
approved plans, he concludes.
Mrs. Philbri~k agrees with the idea and states that the
contractor will be working on the problem in the next couple
of days.
4. OTHER BUSINESS
a. Bruce Watts - Otokomi Road
Mr. Perry explains that after further review of the roads,
Mr. McKelway is recommending a NOI be required for the road
construction.
MOTION: To send the Planning Board a amended letter
requiring a NO! for the Road was made and seconded.
UNANIMOUS
b. Hugret - Wauwinet Road - SE48-562 (20-43) Partial COC
Present were Arthur Reade, William Hays and John
Shugrue.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 21
Mr. Perry states that the Commission has received an as-
built for the septic system and the paperwork is in order for
issuing the partial COCo
Mr. Willet asks if this is really necessary for the closing
on the property?
A resounding "YES" echoes from the counsel present.
MOTION: To issue a Partial Certificate of Compliance as
requested was made and seconded.
UNANIMOUS
c. Graham - 64 Monomoy Road - SE48-532 (43-63.1) Minor Mod.
Present was John Shugrue, agent
Mr. Shugrue explains that this modification will keep the
pler end above water during high tides and in storms.
MOTION: To approve the modification as minor was made
and seconded.
W~AN I MOUS
d. Austin Farms: Confirm. Order and COC for SE48-297 - slgn
Present was Melissa Philbrick, counsel.
Mr. Perry explains that he had made some purely technical
additions at the request of the applicant's counsel concerning
dates of issuance and recording, also the Commission did not
sign the COC that it approved at the last meeting.
MOTION: To approve the modifications to the
Confirmatory Order of Conditions and sign the COC was made
and seconded.
UNANIMOUS
e. Woodbury Lane - final plans for minor mod. as requested
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for August 23, 1990 Page 22
Ms. Lisa Standley of Daylor submits the plans for the
modification as requested by the Commission in the last
meeting.
5. CORRESPONDENCE
6. MINUTES: for None to approve
7. BILLS TO BE PAID
8. FIELD INSPECTIONS - Tuesday, September 4, 1990 at 4:00 PM
The Meeting was adjourned at 10:52 PM
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