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HomeMy WebLinkAbout1990-08-23 ~ ~~llTUCIr,~ ~~ ~ 'V .~ !~~.. ... .... -J' ~ , . ~ ., ~~ ~-I.."'1 -'C' ~ . ..... ~ ~ o^ _,"'" "", r(PORA1\~~ .....'" 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. ~~llTUCIr,~ ~~ ~ 'V .~ Ot~~) 'CJ1 ... >,. -J' ~~~~=-- ~A.~1I -'(>'- ~ . ...~ ~ ()~_.". "", r(PORA1\~~ .......... 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 NrC/ t;/'/;--/C;~c;{//4 _ 1 . /1<. 1C tc< /