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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 /7 , ( I /. "~I .' <<-L/ ['.' , 'j //C . ~I rf- L' L ( /", c"-' '0 / 1/ ~ of (} ") / / ____) '. /j!-7 // ..- '/ i-- 12:26 AM /1s L; (/C tc.;( I '