HomeMy WebLinkAbout1990-09-06
Town bf Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
ME~JIN6 MINUTES FOR SEPTEMBER 6. 1990
The meeting was called to order at 8:24 PM (the late start due
to a lack of a quorum) in the Large Group Instruction Room of the
Nantucket High School. Commissioners present were Henry
Wasierski, Peter Wilson, Dan Kelliher and Donald Visco. Also
present were Ben McKelway, Administrator and Bruce Perry,
Secretary.
The Commissioners were polled and voted unanimously to go
immediately into Executive Session.
~ EXECUTIVE SESSION
a. Litigation
b. Approval of Minutes for August 9, and 23, 1990
The open session was reconvened at 8:58 PM
~~ COMMENTS AND QUEST IONS FROM PRESS __ AND PUBL I C
~ PUBLIC HEARINGS
1. Tristrams-Long Pond Homeowners SE48-597 (59 & 60)
Present for the applicants were Jim Schilling and
George Nyren, members of the Association.
Mr. Schilling summarizes the project's history from its
filing in the summer of 1989. He adds that the Association
will attempt to continue the approval process for the recent
NO! but he requests the Commission's support in using the
existing Orders (SE48-35 and SE48-135) with their on-going
conditions for pond maintenance. The project has been reduced
in scale to remove less than the two acres that are permitted
within SE48-135, he states, and he submits a revised plan
showing the locations of the proposed removals. In addition,
he submits a management program to monitor the work through
out the year. This is not what they had originally proposed
but it is what will allow the project to go forward, he adds.
Mr. Wasierski asks if the Orders mentioned contained on-
going conditions that would allow the work and received an
affirmative response from the Commission staff.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for September 6, 1990 Page 2
Mr. McKelway states that he has changed his mind since he
wrote to Mr. Martinelli in 1988. He adds that he is no longer
comfortable with the old Orders, which were issued in 1977 and
1980. They were before wildlife was an interest to be
protected under state or local law, and in light of the letter
from the Natural Heritage and Endangered Species Program
stating that the proposed project would have an adverse effect
on the rare species habitat, the Commission cannot approve the
project under the present regulations.
Mr. Nyren responds that the old Order had the on-going
condition for the good of the pond. The pond's condition has
worsened over the years and the only purpose that you (the
Commission) are serving if the pond get plugged up is DEP's,
he remarks.
Mr. McKelway states that a lawyer at DEP contends that the
Town did not prevent the incursion of the cattails as required
in the on-going maintenance condition and therefore the
project should be considered a new one.
Mr. Schilling states that the old Order has been used in
the past, as recently as this spring and it is appropriate to
use SE48-135 in this instance. He adds that the Association
will continue the work on the required Environmental Impact
Report, but due to the indefinite time lines to obtain the
permits. the work should be done with the old Order.
Mr. Nyren adds that the Association is limited financially
to private donations and it could cost $50,000 to do the
permit filings and all the Association would be paying for is
paper. He requests that the Commission allow the Association
to maintain the area around the bridge this year and come back
to the Commission for any additional work. In the meantime,
the management plan spells out additional information that
will be gained from doing the work.
Mr. Visco comments that the old Orders are issued to the
Commission and if we allow this to proceed then the Commission
will be in the hot seat with DEP if they object.
Mr. Wasierski reads that letter from the Rare Species
people and comments that all the species that they mentioned
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for September 6, 1990 Page 3
are "presumed or assumed" to be using the area but there is no
positive proof.
Mr. Schilling reiterates that the Orders exist, are valid
and the Commission should allow the Association to take
advantage of tools at hand. He requests that the NOI be left
open until a later date and as more information is received
then it will be brought in front of the Commission.
Mr. Wasierski suggests that the staff talk with the Town
Business Administrator to figure out how to handle the funds
for the project and the Town's liability. After further
discussion, the Commissioners determined this was not
necessary, since the applicants would be paying for the
project on their own.
MOTION: To allow the Tristram's Long Pond Homeowners
Association to use the on-going condition in file SE48-135
to remove the vegetation as described in the submitted
plans and management program and subject to additional
conditions that the Commission's staff may impose by way of
a letter to the applicants was made and seconded.
UNANIMOUS
2. David Poor - Lauretta Lane - SE48-599 (14-10.2)
MOTION: To continue the hearing 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 Lee Dunn, contractor.
Mr. Dunn submits revised plans showing that the limit of
fill extends no further than 15 feet from the front of the
deck, and adds that the observation deck near the bank has
been pulled back to 15 feet from the edge of the bank. He
explains that the bank rises approximately six feet from the
building site and people cannot see the beach from the house.
By putting the platform near the bank it allows a view of the
beach and will keep people on the walkway and from walking
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for September 6, 1990 Page 4
near the bank edge, he adds. He then submits a plan showing a
aluminum stairway instead of the typical wooden one. He states
that a typical 40 foot section, as would be required here,
would weigh only 200 pounds and could be pulled up each year
and stored above the bank.
Mr. Wasierski comments that would be better than coming in
every couple of years for a repair request.
Mr. McKelway states that the time limit for a response from
the Mass. Heritage Program has passed and that he had spoken
with Jay Copeland from the program and explained the file. He
adds that Mr. Copeland does not agree with the Commission's
position that the resource area is a sand-capped coastal bank,
but instead contends that it is a dune.
Mr. Les Smith of Daylor Consulting Group, a coastal
geologist, is asked if this is a bank or a dune and he
responds that the resource is definitely a coastal bank
covered with sand.
MOTION: To close the hearing and accept the aluminum
stairs that will be removed annually, a 12x12 foot platform
no closer than 15 feet to the bank and a limit of fill not
to extend more than 15 feet from the edge of the deck was
made and seconded.
UNANIMOUS
4. Doucette - 18 Grove Lane - SE48-601 (41-441)
Present for the applicant was Les Smith of Caylor
Consulting Group.
Mr. Smith submits a revised plan showing:
1.) A revised wetland boundary as reviewed by the
Commission.
2.) A revised grasses mixture to allow native grasses
to be used in the proposed replication area.
3.) Revised house site, size is reduced to 1800 square
feet from 1950, a poured concrete bulkhead that reduces the
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for September 6, 1990 Page 5
limit of wetland impacts to 3,800 square feet and shows a
30 foot road setback as required by zoning.
Mr. McKelway reiterates his position from the previous
hearings, stating that this type of project is what the local
regulations were designed to prevent. The project will require
an extensive waiver, he adds, and the Commission should deny
the project and cite its regulations which were developed
after careful consideration and numerous public hearings.
Mr. Smith counters that the old Determination (from 1985)
was still in effect when the applicant purchased the property
and that she had some expectations that the property would be
buildable under this Determination.
Mr. McKelway reviews that Determination with the Commission
and comments that it appears that the Commissioners were lost
during the inspection. Stating that the Determination has
expired and is therefore more of an emotional or political
issue rather than a legal one, he adds that as former
Commissioner Lee Dunn had stated, the Commission is to protect
wetlands and is not a human rights commission.
Mr. Norman Chaleki, representing abutter Richard Corkish,
comments that the applicant does not have a legal document to
rely on and that she wants to fill BVW as defined in the
regulations, ignoring the 50-foot setback regulation and the
25-foot buffer regulation and replicating a large area to
replace what has been filled.
Mr. Smith asks the Commission if there is any further
information that the Commission requires?
Mr. McKelway asks if the proposed replication area is also
Bordering Land Subject to Flooding, another resource area that
is going to be altered?
Mr. Wasierski comments that in a Siasconset case the
Commission reduced the building footprint from 1900 to 1100
square feet for just a small amount of filling for the
driveway and states that the house size is still too big.
Mr. McKelway asks how the replication construction is going
to take place without disturbing the bank and how is it going
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for September 6, 1990 Page 6
to be protected. He says a wildlife habitat study should be
required; the Commission should get a second opinion from an
independent consultant at the applicants expense.
Mr. Visco asks if the dwelling is one or two stories and
suggests that the footprint be reduced in size.
Cheryl Creighton states that the proposal is for a large
amount of groundcover to be on a lot with a small upland area
and that the abutters and Commissioners know that it is
flooded in the spring time from personal experience.
Mr. Perry reads from a list of additional information that
should be required (hand written notes dated 8/9/90)
concerning the number, percentage of cover and types of plants
in the area to be filled, in the replication site, and in th~
final replication planting; specific elevations and contours
of the existing site and proposed site; soil borings to
determine groundwater levels and soil chacteristics in the
proposed replication area; Commission review of the
supervision contract -whO is doing it, when present, length of
stay on the project. The possibility of annual flooding when
the New Lane skating pond is drained was discussed briefly.
Mr. Wilson suggested that the applicants look into the use
of pilings to support the building, which would result in a
reduction in the amount of filling required considerably.
MOTION: To continue the hearing for additional
information at the request of the applicant was made and
seconded.
UNANIMOUS
Mr. Chaleki asked why the Commission bothers to request all
this information if they are going to deny the project anyway.
He urged the Commission to stick to the basic question of
whether or not it is an appropriate project under the
regulations the Commission is supposed to enforce.
Mr. McKelway explained that the case may be appealed to
court no matter what the Commission's decision, therefore
there is a need to establish a record of testimony and
evidence with which that decision can be defended.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for September 6, 1990 Page 7
At Mr. Smith's request the Commission went over exactly
what it needs for the next hearing:
1. A wildlife habitat evaluation.
2. Soil borings in the replication area.
3. The exploration of the piling idea and the smaller house idea.
4. More information about the amount of vegetation which will be
lost, elevations, etc., as in the notes read by Mr. Perry.
5. More information on the hydrology of the whole area.
6. Proposed contours in the replication area.
5. Cameron - 30 Shawkemo Road - SE48-605 (27-2)
Present for the applicant were Les Smith of Daylor
Consulting Group and Ray Pohl of Design Associates.
Mr. Smith submits two lawn management plans for the croquet
course and add that the seed varieties listed are hardy, low
maintenance and do not require a lot of chemicals to survive.
Mr. Pohl adds that the applicant just wants a flat area to
hit a ball around, not a manicured surface.
When a someone pointed out that one of the management plans
conflicted with the other in that it required a putting-green
type of surface, Mr. Smith told the Commission to ignore that
plan and only go by the plan on the Daylor letterhead.
There was some discussion about the proximity of the salt
marshes and the mobility of the proposed chemicals.
MOTION: To close the hearinq and draft an Order of
Conditions was made and seconded.
UNANIMOUS
6. Lugosch - 15 Fulling Mill Road - SE48-607 (27-8)
Present for the applicant was Les Smith of Daylor
Consulting Group.
Mr. Smith submits a plan that shows a revised deck size
<8xlO feet) as requested by the Commission.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for September 6, 1990 Page 8
Mr. Perry asks if the railing is necessary considering that
the ramp is only elevated at most 18" off the grade.
Mr. Smith responds that the intent of the deck is to allow
the older members of the family to get near the beach and they
may find the railing helpful.
Mr. McKelway states that the proposed project will need two
waivers from the Commission's regulations and would set a
precedent for a lot of applications requesting the same thing.
Contending that the wooden deck would interfere with the
natural movement of the dune in spite of the applicant's
assertion otherwise, he said he never expected the Commission
would approve such a project, and he urged the members not to.
The regulations take the science into account, he said, and
projects that go against the regulations do not have to be
considered and evaluated case by case as if they were
acceptable. The lact that the regulations were duly
promulgated makes them defensible in court, he explained.
Mr. Wasierski states that the project will limit the
activity in the area to one location.
Mr. Smith adds that the project will improve the situation
and confine foot traffic and beach grass will be able to grow
up between the boards.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
7. Matthews - 1 Quidnet Road - SE48-608 (20-462)
Continued by the Commission due to time constraints.
8. Richards - 25 East Tristram Ave. - SE48-609 (31-1)
MOTION: To continue the hearing 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 September 6, 1990 Page 9
9. Newquist - Fargo Way - SE48-606 (14-15 & 61)
Present for the applicant were Les Smith of Daylor
Consulting Group and Ray Pohl of Design Associates.
Mr. Smith submits a new plan showing slight changes to the
tennis court and pool locations and states that the driveway
location has not changed but the driveway will be made of dirt
and sand, not gravel as described on the plans.
Mr. Visco comments that the owners will get tired of
driving through puddles and they would be better off
stabilizing the road surface with something.
Mr. Pohl states that the pole on the property is the final
ridge elevation.
Mr. Smith states that the project is removing a house that
is not in compliance with existing regulations and replacing
it further away from the coastal bank. He submits a plan
showing proposed landscaping plan.
The Commission requests that the driveway be staked showing
the different driveway locations and these locations be put on
plans. Mr. Visco marks the plan to suggest stake locations in
the field.
MOTION: To continue the hearing for additional
information and a field inspection at the request of the
applicant was made and seconded.
UNANIMOUS
* 10. Wolff - Hinkley Lane - (30-22.1)
Present for the applicant was Les Smith of Daylor
Consulting Group.
Mr. Wasierski reads the inspection report and comments that
the site is supposed to be ready for the inspection team on
the day of inspections or everybody is just wasting their
time.
Mr. Kelliher concurs.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for September 6, 1990 Page 10
Mr. Smith explains that in revising the new plans the
applicant has pulled the building envelope back to the 50
line.
Mrs. Anita Hardy, an abutter, comments that the stairs that
are proposed to repaired do not belong to Mr. Wolff and adds
that he is welcome to use them but does not have the authority
construct or maintain them.
Mr. Smith states that the old Order of Conditions allowed
for the maintenance of the stairs and he was copying that
format.
Mrs. Hardy reiterates that he does not have permission to
do this to "my" stairs.
l"ir. Smith comments that this is an issue for the lawyers to
figure out and not for tonight.
MOTION: To continue for a field inspection and
additional information was made and seconded.
UNANIMOUS
* 11.Mrkonic - Woodbury Lane - (41-553)
Not discussed due to time constraints
* 12.Barnside R. T. - Austin Farms - (56-381 & 382)
Not discussed due to time constraints
* 13.Barnside R. T. - Austin Farms - (56-380)
Not discussed due to time constraints
* 14.Barnside R. T. - Austin Farms - (56-388)
Not discussed due to time constraints
* 15.Barnside R. T. - Austin Farms - (56-370 & 371)
Not discussed due to time constraints
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for September 6, 1990 Page 11
~. REGULAR MEETING
1. REQUEST FOR DETERMINATION
a. Chiswick - 42 Meadow View Drive - (56-296) (Sign)
* b. Donal O'Brien - Medouie Creek - (20-27)
Present for the applicant was John Shugrue.
Mr. Wasierski reads the inspection report and its
recommendations.
MOTION: To issue a negative determination with the
conditions listed in the inspection report was made and
seconded.
UNANIMOUS
* c. Trustees of Reservation - Wauwinet Rd. - (20-6)
MOTION: To continue the request at the request of the
applicant was made and seconded.
UNANIMOUS
* d. Winston - Wauwinet Road - (12-8)
Not discussed due to time constraints
* e. Cantella - Tennessee Ave. - (60.1.2-5)
Present for the applicant was Richard Green.
Mr. Wasierski reads the inspection report.
question of whether or not the addition would
bedroom and therefore require an expansion of
system was not a matter for the Commission to
belonged only with the Health Department.
He said the
create a new
the septic
consider, but
MOTION: To issue a negative Determination for the
proposed work was made and seconded.
UNANIMOUS
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for September 6, 1990 Page 12
* f. Nautican R. T. - Washington St. - (55.1.4-8)
Not discussed due to time constraints
2. EXTENSION PERMIT
a. Teasdale - Low Beach Road - SE48-369 (74-55)
Not discussed due to time constraints
3. CERTIFICATE OF COMPLIANCE
a. Madaket R. T. - Oakland Ave. - SE48-363 (59.3-23)
Mr. Wasierski reads the inspection report.
MOTION: To issue the Certificate of Compliance was made
and seconded.
UNANIMOUS
b. Gardner - Sheep Pond Road - SE48-180 (63-43)
Mr. Wasierski reads the inspection report.
MOTION: To issue the Certificate of Compliance was made
and seconded.
UNANIMOUS
C. Weinman - Polpis Road - SE48-439 (25-32)
Not discussed due to time constraints
4. OTHER BUSINESS
a. Greenhill - SE48-598 (23-1) - Minor Mod.
Present for the applicant was John Shugrue.
Mr. Shugrue submits a revised plan showing the actual
brushcut path on the property and adds that the drive is still
going to be outside of 50 feet from the bank.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for September 6, 1990 Page 13
MOTION: To accept the change as a minor modification to
the approved plans was made and seconded.
UNANIMOUS
b. Watts - Otokomi Road - Planning Board referral
Present were Bruce Watts, applicant; Leo Asadoorian of
Hart and Blackwell; and Melissa Philbrick of V, D & P.
Mr. Asadoorian explains the proposed change recommended by
the Planning Board. They are responding to abutter worries
that the catch basins will fill up and not work, so they are
recommending that a swale be used that empties out into the
wetland. He adds that presently there is 2.42 acre feet of
water going into the wetland and this proposal will add only
four percent to that amount.
Mr. Wasierski asks if a sand and oil filter is proposed?
Mr. Asadoorian responds that in the peak flow of a storm
they are not very effective and this should not increase
contamination to the wetland. In the case of a oil spill on
the road, to outlet of the drain pipe could be plugged to stop
the oil from flowing into the wetland.
Mr. McKelway says the construction of the road and drainage
structures will require a Notice of Intent. Ms. Philbrick
agrees, stating that her client was already planning to file
such an aprlication.
MOTION: To recommend to the Planning that this type of
approach is appropriate in this situation but it will
require the filing of a NOI to do the work was made and
seconded.
UNANIMOUS
5. CORRESPONDENCE
6. MINUTES: for August 9 and 23, ]990
7. BILLS TO BE PAID
8. FIELD INSPECTIONS - Monday, September 17, 1990 at 4:00 PM
The meeting was adjourned at
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