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HomeMy WebLinkAbout1990-09-20 Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 MEETING MINUTES FOR SEPTEMBER 20. 1990 The meeting was called to order at 7:00 PM in the Large Group Instruction Room of the Nantucket High School. Commissioners present were William Willet, Peter- Dunwiddie, Peter Wilson, Laura Hussey, Henry Wasierski and Dan Kelliher. Also present were Ben McKelway, Administrator and Bruce Perry, Secretary. The Commissioners were polled and voted unanimously to go immediately into Executive Session. A. EXECUTIVE SESSION a. Litigation b. Approval Minutes for September 6, 1990 The open session was reconvened at 7:12 PM ~ COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC NONE ~ PUBLIC HEARINGS 1. Tristrams-Long Pond Homeowners SE48-597 (59 & 60) MOTION: To continue the hearing until the November 15 meeting at the applicant's request was made and seconded. UNANIMOUS 2. David Poor - Lauretta Lane - SE48-599 (14-10.2) MOTION: To continue the hearing at the applicant's request for additional information was made and seconded. UNANIMOUS 3. Doucette - 18 Grove Lane - SE48-601 (41-441) Mr. McKelway states that there had been inquiries into the qualifications of consultants to provide a second opinion on the information to be submitted by the applicant. The firms contacted were Horsley Witten Hegemann, I.E.P., Inc. and Lelito Environmental Consultants. This would be at the applicant's expense. .. Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 2 Mr. Perry states that Lelito has more actual experIence In wetland replication than the other two firms. Dr. Dunwiddie comments that these consultants will probably not give the Commission much more information than they already have. Mr. Perry responds that the applicant IS comIng In with a lot of additional information at the next meeting and deciding on hiring a second opinion would allow the paper work to proceed without slowing down the hearing process. Mr. Les Smith comments that the Commission should wait and see if another consultant is needed after the information IS presented. Mr. Willet comments that these types of applications take time. The consensus of the Commission was to wait for the additional information to be presented. 4. Matthews - 1 Quidnet Road - SE48-608 (20-462) Present was the applicant Peter Matthews. Mr. Matthews reads that two letters that he had submitted to the Commission after the last hearing. Dr. Dunwiddie comments that he has trouble with this request. This shed is the sort of nickel and dime request that the Commission sees all the time. This lot is marginal and the Commission spent a lot of time with the initial approval and adds that the existing building should accommodate the applicant's needs. The Commission is still dealing with the original applicant, but there is nothing to prevent the property from being sold and another person coming in requesting additional space, he states. Mr. Matthews responds that the issue in this request is the impact of the shed on the wetlands. The site has already been developed and this small shed will not have any further Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 3 impact, he adds, and offers to mitigate any potential damage to the wetland by closing off the old well site, removing the gates and letting the vegetation gr?w back. Mr. Wasierski comments that he does not see the hardship In this case. The applicant already has a large house with a garage and should learn to live within the existing structure, he concludes. MOTION: To deny the request to construct the shed was made and seconded In favor of denial: Dunwiddie, Wilson, Wasierski Opposed to the denial: Kelliher Abstain from the vote: Hussey 5. 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 6. Newquist - Fargo Way - SE48-606 (14-15 & 61) Present for the applicant were Les Smith of Daylor Consulting, Ray Pohl of Design Associates, Andrew Leddy, counsel. Mr. Smith submits a revised plan showing the driveway being moved to at least 35 feet from the wetland. Dr. Dunwiddie states that it appears that not much else has changed from the original plan. Mrs. Philbrick, counsel representing the Robinsons, who abut the property, comments that her clients are concerned with the intense use of the property and the potential impacts of the work. There is no siltation protection shown on the plan, the cottage is to be removed but no discussion how the demolition will occur and how revegetation will be done, there is no showing of final grading contours, no quantity of the amount of fill to be brought in, she adds. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 4 Mr. Smith responds that the lot is relatively flat with one or two foot contour difference throughout. Mrs. Philbrick adds that the plans are inconsistent. For example, the plans state that the driveway is to pass along the edge of a meadow where there is no meadow but it is proposed, the old driveway seems inadequate for acceptable access for construction vehicles but the applicants insist that it will be used, the parking area fills right up to the edge of the wetland buffer but there is no retaining wall shown on the plans, she adds. She states that she does not want any surprises when the project starts and wants to be able to reassure her clients that their interests will be protected. Mr. Smith responds that the lot is flat and it is meaningless to show the contours on such a lot. Also, erosion controls are discussed in the NOI narrative and Lisa Standley had submitted a wildlife study with the NOI, he adds. Dr. Dunwiddie states that these items are usually shown on plans along with the limit of work line. Mrs. Philbrick comments that the effects on wildlife in creation of the meadow are being smoothed over by calling the work landscaping improvements. She also worries that with the use of fertilizers and pesticides that the area will turn into a lawn in the future. Mr. Smith states that the area of lawn is shown on the plans and the meadow will be replanted as per the submission by Jean Hartman with transitional vegetation. Dr. Dunwiddie states that after reviewing the planting plan, he would like to see plants that were native to the island be used, but that is not what is proposed. Mr. Wills asks where the water from the roof, driveway and parking is going to be sent? He adds that the wetland in the area is perched and that it overflows the bank in two places, causing washout problems. Mr. Pohl responds that the roof runoff is going into gutters and dry wells and that the parking area is gOIng to Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 5 be made up of pervious materials and will not create a lot of runoff into the wetland. Mrs. Philbrick comments that there are still a lot of questions that need to be transferred into the Order to protect the Commission's interests. She is concerned with the building impacts on the wetland, especially with the garage. It is shown on the plans to be just a garage, but in reality it is a garage apartment, and this is a more intense use that just for car storage. After some more discussion the Commission requests a revised plan showing: limit of work line, siltation controls, final grade contours, change of the new driveway to the construction access and where the old driveway is to be blocked off, maintenance schedule for the meadow with some planting revisions to reflect native species. MOTION: To close the hearing and draft an Order of Conditions was made and seconded. UNANIMOUS 7. Wolff - Hinkley Lane - SE48-615 (30-22.1) Present for the applicant was Les Smith of Daylor Consulting. Mr. Willet reads the inspection report. Mr. Smith submits a revised plan showing the limits of work and fill. Mrs. Philbrick, representing an abutter, comments that her client knows that a large house will be built on the lot but asks how there was the construction of the viewing towers within 60 feet of the bank without the Commission's approval. Dr. Dunwiddie agrees and states that the Commission should write a letter requesting their removal or else have them file for the construction after the fact. Mr. McKelway states that the Commission has to decide on whether there should be a separate fee for the stair repctir. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 6 The State regulations give the Commission some discretion in this mat tel- . Mr. Perry explains that the regulations are set up so that every separate activity within the Commission's jurisdiction can be charged separate fees, for example two houses on one lot could be charged two NOr filing fees. Since the stairs are existing, they are not connected to the house proposal and the applicant is requesting to be able to replace them, the Commission could charge a separate fee. Mr. Smith states that the proposal is not to completely replace the stairs but have the ability to replace bad boards as necessary. MOTION: To not charge an additional fee for the stair repair was made and seconded. UNANIMOUS MOTION: To close the hearing and draft an Order of Conditions was made and seconded. UNANIMOUS 8. Mrkonic - Woodbury Lane - SE48-614 (41-553) - withdrawn WITHDRAWN BY THE APPLICANT 9. Barnside R. T. - SE48-612 (56-381&382) Lots 20/35 10. Barnside R. T.: Austin Farms - SE48-611 (56-380)Lot 19 11. Barnside R. T.: Austin Farms - SE48-610 (56-388)Lot 18 12. Barnside R. T. - SE48-613 (56-370 & 371) Lots29/30 All four files were discussed concurrently. Present for the applicant was Les Smith of Daylor Consulting and Melissa Philbrick of Vaughan, Dale & Philbrick. Town of Nantucket Conservation Commiss-ion (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 7 Mr. Smith submits revised plans for each of the lots and a master plan showing all four of the lots on one page. He explains that lots 29/30 were not combined but the proposed building envelope straddles the lot line, effectively tying up both lots; lots 20/35 were not combined but the house will be constructed with a slab foundation at grade thereby reducing the house-septic setbacks and allowing the house to be outside the 50 foot line; on both lots 18 &19 the building envelopes were moved to allow greater separation from each other. Mr. McKelway states that he is worried that lot 35 could be a problem lot if it were to be sold separately, due to the number of waivers necessary to allow building on it. Mr. Willet adds that it was his impression that the two lots were going to be combined. Mrs. Philbrick responds that the intent is to market the two lots together, but the owners want to be able to maintain the value of the second lot. She adds that they are asking for an Order of Conditions that allows work on lot 20 but approves no work on lot 35. Dr. Dunwiddie comments that he would rather see a slightly larger house that straddles that lot line than two separate houses and septic systems. He states that the Commission will see lot 35 in the future if it is sold separately, with the new owner requesting waivers to build a separate structures. Mr. Smith adds that if the applicant was coming in with a NOI for just lot 20 there would be the same problem. The Commission asks the applicant to investigate methods to tie up lot 35 so as to prevent problems in the future. Mrs. Philbrick states that she will talk with her clients. MOTION: To close the hearings on lots 29/30, 18, and 19 but to keep open the hearing on lot 20/35 for additional information was made and seconded. UNANIMOUS * 13. Maury - Millbrook Road - (57-23) - Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 8 - - - Present for the applicant was Bob Emack. Mr. Willet reads the inspection report. Mr. Emack shows an revised plan that has the new wetland boundary limits, changes the septic by reducing it in extra capacity, changes the building envelope to keep all structures outside of fifty feet to the wetland. Mr. Perry asked if the septic leach trenches could be moved further away from the wetland boundary. Mr. Emack explains that the system is mounded already and if it were moved further then it may drain into the area where the cottage may be located. MOTION: To continue the hearing for additional information (a revised plan) and a DEP file number was made and seconded. - ---- UNANIMOUS * 14. Old North Wharf (Omega Reno.) - (42.2.1-34) Present for the applicant was Melissa Philbrick. Ms. Philbrick states that the proposal is to renovate an existing house and enclose two porches. Mr. Wasierski asks how do they plan to limit the work, control the shingles form blowing around and keep rubbish out of the harbor? He states that by enclosing the porches they are increasing the living space in the house. MOTION: To continue the hearing for additional information (construction techniques, effects on scenic views, photos of the house) and a DEP file number was made and seconded. UNANIMOUS * 15. Dujardin - Eel Point Road - (32-4) Present for the applicant was Richard Green. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 9 Mr. Willet reads the inspection report and comments that the observation platform in the walkway was only to be 8 x 10, not as shown on the plans. Mr. Green marks the plans to show the deck as 8 x 10. The Commissioners agree to allow the use of the aluminum stairs. MOTION: To continue the hearing for additional information, DEP file number, response from Mass. Heritage was made and seconded. UNANIMOUS ~ REGULAR MEETING 1. REQUEST FOR DETERMINATION * a. Trustees of Reservation - Wauwinet Rd. - (20-6) MOTION: To continue the hearing at the request of the applicant was made and seconded. UNANIMOUS * b. Winston - Wauwinet Road - (12-8) Present for the applicant was Mike Glowacki. Mr. Willet reads the inspection report which states that there was a deck built on the back of the house without permission. Mr. Glowacki responds that it was replacing an existing deck. Dr. Dunwiddie ask why not use native plants instead of privet? Mr. Glowacki states that the applicant would like something that grows tall. Town -of Nantucket Conservation Comrnission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 10 MOTION: To issue a negative Determination commenting that it is su~ject but will not alter was"made and seconded. UNANIMOUS * c. Nautican R. T. - Washington St. - (55.1.4-8) Present for the applicant was Dusty Ramos and Florence Clifford. Ms. Ramos explains the proposal was to clean up the area. The bulkhead is in disrepair and the work was temporary to keep sand from washing out into the harbor. She adds that the boards are bolted to the posts, which are tied back to the existing sleepers and that they plan to come back in to replace the bulkhead as soon as the funds become available. Dr. Dunwiddie asks the timeframe for the temporary replacement and when the NO! will be filed. Ms. Ramos explains that in order to get financing from the bank they need a clean 21-E report and that has been a problem because of previous inappropriate discarding of petroleum products on the ground. Mr. Wasierski comments that the applicants should keep watch on the plywood so that it does not wash out during a storm. MOTION: Tissue a negative Determination commenting that the work was in the resource but will not alter was made and seconded. UNANIMOUS * d. Colson - Hallowell Lane - (30 - 14, 15, 257) Present for the applicant was Susan O'Neill, designer Mr. Willet reads the inspection report. Ms. O'Neill comments that no bedrooms are to be added. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 11 MOTION: To issue a negative Determination for the proposed work was made and seconded. UNANIMOUS * e. Marine Department - Town Pier - (42.2.3 - 2) Continued for representation and abutter notification. 2. ORDER OF CONDITIONS a. Saligman - 117 Eel Point Road - SE48-603 (32-1) Mr. McKelway reads suggested changes from Lee Dunn to the Order: # 3 The plan should have said a double row of snow fence instead of siltation fence. # 12 The observation deck dimensions should include "built-in benches" and the board spacing should be changed to 3/4 inch between boards. # 14 Allow the stairs to remain as long as the house is inhabited in the fall and early winter. Mr. Wasierski comments that the stairs should be allowed to remain. It is less intrusive than the wooden ones. Mr. Perry explains that the bank on this lot is a lot steeper than the site further down the road. delete # 14 MOTION: To issue the Order as amended was made and seconded. UNANIMOUS Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 12 ADDITIONAL SPECIAL CONDITIONS HARVEY AND LINDA SALIGMAN DEP FILE NUMBER SE48 - 603 ASSESSOR'S MAP 32, PARCEL 1 117 EEL POINT ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) 3. Prior to any activity at the site, a line of snow fence shall be staked in place of the double row of silt fence shown on the final approved plot plan ("Exhibit A," Hart-Blackwell & Assoc., Inc., Plan #HB-2533, revised 9-5-90, received by the Commission 9-6-90). The fence, erected to contain windblown debris during construction, will also serve as a limit of activity for work crews. It shall remain in good repair during all phases of construction, and it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the Commission. 4. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of 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 p~rtinent Massachusetts regulations (310 CMR 10.00 through 10.99). The Commission Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 13 may require the submittal of any data deemed necessary by the Commission for that evaluation. 6. The applicant, owners, successors or assignees shall be responsible for maintaining anyon-site drainage structures and outfalls, assuring the lasting integrity of vegetative cover on the site and monitoring site activities so as to prevent erosion, siltation, sedimentation, chemical contamination or other detrimental impact to anyon-site or off-site resource area. It shall be the responsibility of the property owner of record to see that the maintenance conditions are complied with as required by this order. 7. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. 8. Used petroleum products from the maintenance of construction equipment, construction debris, and unused paint and paint- related products shall be collected and disposed of responsibly off the site. No on-site disposal of these items is allowed. 9. Any refuse material found on the site shall be disposed of at an approved landfill and in no case may these materials be buried or disposed of in or near a wetland. 10. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 11. Except for work authorized by this Order, natural vegetation between the top of the bank and the project site shall be left intact. After construction, any disturbed area within this buffer area shall be replanted with native plants. No lawn is allowed north of the area to be filled (approximately 15 feet north of the house). The lot is within a designated rare wildlife species habitat area. 12. The walkway and built-in observation deck shall be built according to "Exhibit C-l," Lee H. Dunn, Inc., 9-5-90, received by the Commission 9-6-90. Please note that this plan takes precedence over the final approved plot plan in regard to these structures. The observation deck, with its built-in benches, shall be no closer than 15 feet from the Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 14 top of the bank and no large. than 12 feet by 12 feet. The walkway shall be no wider than 3 feet, 6 inches. No railings are allowed. Spacing between all planks shall be no less than three-quarters of an inch, to allow sunlight to penetrate to the vegetation below. All wood used shall be treated with a nonleaching preservative such as CCA. No paint, creosote~ or pentachlorophenol is allowed. If the observation deck is moved landward in the future, the supporting sonotubes shall be removed; the Commission must be notified of such work in advance. 13. No lighting is permitted on, along, or in the vicinity of the walkway, observation deck, or stairway, to minimize adverse impacts on wildlife and wetland scenic views. 14. 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. WAIVER UNDER THE NANTUCKET WETLANDS BYLAW: The Commission hereby grants the applicant a waiver from Section 2.05(B}(S) of the Wetlands Protection Regulations of the Town of Nantucket, under the Wetlands Bylaw (Chapter 136). This section requires projects which are not water-dependent to maintain at least a 25-foot natural undisturbed area adjacent to a coastal bank. The same section requires all structures which are not water-dependent to be at least 50 feet from a coastal bank. Therefore, this section would apply to the proposed observation deck. However, there has been a clear ~nd convincing showing by the applicant that there are no reasonable conditions or alternatives that would allow the project to proceed in compliance with the regulations and that the observation deck will, as conditioned above, have no adverse effect upon any of the interests protected by the Bylaw. Therefore, these waivers are granted under the authority of Sections 1.03(F)(I) and jp Town- of Nantucket Conservation Co.mmission. (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 15 1.03(F)(2)(a) and (d) of the wetlands Protection Regulations of the Town of Nantucket. ### b. Cameron - 30 Shawkemo Road - SE48-605 (27-2) Present for the applicant was Les Smith. # 12 Mr. Smith suggests adding wording such as 'except existing driveway to allow access to the property'. # 13 Mr. Smith asks that the proposed flower garden and around the guest house be allowed in this condition. MOTION: To issue the Order with the suggested changes wa made and seconded. UNANIMOUS ADDITIONAL SPECIAL CONDITIONS DORT A. CAMERON DEP FILE NUMBER SE48 - 605 ASSESSOR'S MAP 27, PARCEL 2 30 SHAWKEMO ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) 3. Prior to any activity which is upgradient from and within 100 feet of a wetland resource area, a siltation fence or a line of haybales shall be staked 25 feet from the established wetlands boundary, or at a higher elevation. Where the resouce area is a coastal bank, the fence or haybale line shall be at least 25 feet from the top of the bank. After the fence or haybales are installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin Town of .Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 16 on the site for 48 hours after said notice is given, so as to allow Commission members time to inspect all siltation devices. The siltation fence or hayb~le line, erected to prevent siltation, erosion, filling, etc. of the wetland resource areas during construction, will also serve as a limit of activity for work crews. It shall remain in good repair during all phases of construction, and it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the Commission. 4. An as-built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, shall be submitted to the Commission at the same time as a written request for a Certificate of 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; limit~ of fill or alteration; location of all structures and pavement within 100 feet of wetland; the edge of the wetland; the grade contours within 100 feet of the wetland. 5. Members, employees, and agents of the Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions and performance standards stated in this Order, the Nantucket Wetlands Bylaw, the Regulations promulgated under the Bylaw, the Massachusetts Wetlands Protection Act, and pertinent Massachusetts regulations (310 CMR 10.00 through 10.99). The Commission may require the submittal of any data deemed necessary by the Commission for that evaluation. 6. The applicant, owners, successors or assignees shall be responsible for maintaining anyon-site drainage structures and outfalls, assuring the lasting integrity of vegetative cover on the site and monitoring site activities so as to prevent erosion, siltation, sedimentation, chemical contamination or other detrimental impact to anyon-site or off-site resource area. It shall be the responsibility of the property owner of record to see that the maintenance conditions are complied with as required by this order. .. T-own of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 17 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. In all cases, no part of any structure, including decks, may be closer than 50 feet from the top of the bank or other wetland boundary. 12. Vegetation between the top of the coastal bank or other wet 1 and edge and the pro jec t site sha 1 L be I eft i ntac t excep t where it is necessary to temporarily use this area. After construction, any disturbed area within this buffer area shall be replanted with native plants. No new lawn is allowed except for the croquet course. At all times and in all cases there must be a 25-foot natural, undisturbed buffer zone on the upland side of the top of the bank or other wetland boundary, except for the existing driveway. See final approved plans. 13. To minimize adverse effects on wildlife, shellfish, and fisheries, the use of any pesticide or fertilizer outside of the garden shown on the final approved plan or more than 15 feet from the house and guest house is prohibited, except for an initial application of fertilizer to the new croquet course in accordance with the letter from Lisa A. Standley to the Commission, dated September 5, 1990, and received by the Commission September 6, 1990. Note: The document entitled "Vegetation Management Plan," also submitted to the Commission September 6, 1990, shall be ignored to the extent that it conflicts with the letter from Dr. Standley. . . Town of Nantucket Conservation Commission (508) 228- 7230 6 Ch~tnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 18 14. 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 pel-mitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. ### c. Lugosch - 15 Fulling Mill Road - SE48-607 (27-8) Present for the applicant was Les Smith. Mr. Smith submits a revised plan removing the railing from the ramp and asks for spacing on the boards. Mr. Kelliher suggests one inch spacing~ MOTION: To issue the Order as amended was made and seconded. Dr. Dunwiddie opposed, all others In favor. ADDITIONAL SPECIAL CONDITIONS J. DANIEL LUGOSCH, III DEP FILE NUMBER SE48 - 609 ASSESSOR'S MAP 27, PARCEL 8 15 FULLING MILL ROAD UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 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 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 . Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 19 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 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 detr"imental 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. 9. This Order of Conditions shall apply to any successor In interest or successor in control of the property. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 20 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. 11. All disturbed areas shall be replanted with dune grass so that the area will be revegetated by the end of the growing season which follows the completion of the project. 12. All work shall be done by hand -- no heavy machinery IS allowed on the dune or beach. 13. The final approved plan for this project is entitled "Site Plan and Sections (Job No. 1.0530.0)," prepared by the Daylor Consulting Group Inc., dated 8/2/90, REVISED 9/19/90 and received by the Commission 9/20/90. Note: This plan is flawed in that it incorrecily portrays the edge of brush and omits a freshwater wetland to the southeast of the proposed patio. 14. The deck shall be no larger than 8 feet by 10 feet. To minimize shading of the sand beneath and to thus encourage the growth of dune grass, the deck shall be no less than 1 foot above existing grade. Spacing between all planks on the ramp and deck shall be no less than 1 inch, to allow sunlight to penetrate the structure and thus further encourage the growth of dune grass. 15. To minimize the impact on wetland scenic views, the deck and ramp shall be no higher than 18 inches above grade at any point. For the same reason, no railings are allowed. 16. All wood shall be treated with a nonleaching preservative such as CCA. No pain~, creosote, or pentachlorophenol is allowed. 17. To minimize impacts on wildlife and wetland scenic views, no lighting is permitted on, along, or in the vicinity of the brick walkway, brick patio, access ramp, wooden bin, deck, or stairs. ~ Town of Nantucket Conservation Commission (508) 228-7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 21 18. No stockpiling of lumber, brick, or other materials is permitted within any portion of any wetland resource area. 19. Under the extra authority granted to the Commission by Sections 1.03(F}(1} and 1.03(F)(2)(d), in return for the extraordinary waivers granted below, the use of any fertilizer or pesticide on the entire lot is prohibited, except in or within 15 feet of the house. This prohibition is to reduce adverse effects on local wildlife and on fish and shellfish in Nantucket Harbor. WAIVER UNDER THE NANTUCKET WETLANDS BYLAW: The Commission hereby grants the applicant two waivers from Section 2.03(B)(2) of the Wetlands Protection Regulations of the Town of Nantucket, under the Wetlands Bylaw (Chapter 136). This section requires projects which are not water-dependent to maintain at least a 25-foot natural undisturbed area adjacent to a coastal dune. The same section requires all structures which are not water-dependent to be at least 50 feet from a coastal dune. Therefore, this section would apply to the proposed patio as well as to the proposed deck, ramp; and stairs. However, there has been a clear and convincing showing by the applicant that there are no reasonable conditions or alternatives that would allow the project to proceed in compliance with the regulations and that the patio and deck/ramp/stairs will, as conditioned above, have no adverse effect upon any of the interests protected by the Bylaw. Therefore, these waivers are granted under the authority of Sections 1.03(F)(I) and 1.03(F)(2)(a) and (d) of the Wetlands Protection Regulations of the Town of Nantucket. ### 3. EXTENSION PERMIT a. Teasdale - Low Beach Road - SE48-369 (74-55) Withdrawn by the applicant. b. Dooley - Polliwog Pond Road - SE48-447 (55-422.4) ~ .Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 22 c. Dooley - Polliwog Pond Road SE48-433 (55-422.6) d. Dooley - Polliwog Pond Road - SE48-438 (55-423.1) These files were discussed concurrently. Present for the applicant was John Dooley. Mr. Willet reads the inspection report. Mr. McKelway states that for lot 10 the wetland boundary is much different than what is shown on the plans and suggests the Commission deny the extension due to new information as allowed in the regulations. Mr. Kelliher disagrees, commenting that the applicant has abided by the rules that were existing at the time of the application and should be allowed to complete the project. Dr. Dunwiddie states that he would.like to see the site again, not with the intent to deny the extension but to see the changes that have happened. MOTION: To extend the Order of Conditions for one year was made but did not receive a second. MOTION: To take no action on all three Extension requests until after a field inspection in two weeks was made and seconded. The motion carried. e. Crow's Nest Assoc. Craw's Nest Way SE48-436 (12-20) f. Crow's Nest Assoc. Crow's Nest Way - SE48-437 (12-21) These files were discussed concurrently. Mr. McKefway states that in reviewing the files the approved Order 3110ws a septic system close to the dune and the wetland, two walkways to the beach, a ridge height of 30 feet which may impact on wetland scenic views. In addition the walkway plan was modified at a public hearing and initialed by the applicant's representative. It is still in .- .. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 23 the file, so he is not sure that the contractor will get the modified plans. ( Mr. Lindsay responds that the walkway was redrawn to avoid the high point of the dune and he assured the Commission that the contractor will get the correct plan. MOTION: To issue a one year extension for both Orders was made and seconded. UNANIMOUS g. Cranberry Construction - SE48-425 (41-227) Present for the applicant was Melissa Philbrick. Mr. Perry explains that this request had been held up for a month so that the applicant could make some improvements to the grading of the drive through the wetland and replication areas. There had been too much dirt brought in and they were using the siltation fence as a retaining wall, he adds. I felt that it was better to clear these problems up before the extension permit was issued and this week the landscapers had been in and made significant improvements in the problem areas, he states. Presently the two replication areas look like they are functioning properly with in excess of 75Y. wetland species cover but it is early in the process. He suggests that the siltation fence be removed from around the replication areas only, to allow wildlife migration and possibly better seed distribution. MOTION: To issue a one-year extension permit and allow the removal of the siltation fence around the replication areas was made and seconded. UNANIMOUS 4. CERTIFICATE OF COMPLIANCE a. Weinman - Polpis Road - SE48-439 (25-32) Mr. McKelway states that the Commission has received an as-built for the project and a letter stating compliance. . Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 24 MOTION: To issue the Certificate of Compliance was made an~ seconded. UNANIMOUS b. Bovenzi - 3 Beacon Lane - SE48-543 (21-26.9) Mr. Willet reads the inspection report which comments that three trees were removed without permission. Mr. McKelway adds that he had talk with Gwynn Thorsen, architect for the applicant, and he was comfortable with the suggested on-going conditions recommended. MOTION: To issue the Certificate of Compliance with on-going Conditions # 6, 12, 13, 14, 18 and portions of 15 and to send a letter concerning the unapproved tree cuttings removal was made and seconded. UNANIMOUS c. Dujardin - Eel Point Road - SE48-301 (32-4) MOTION: To issue checking the box that no work was done under the permit was made and seconded. UNANIMOUS 5. OTHER BUSINESS a. Mosher - 174 Cliff Road - SE48-505 (41-63) - Minor Mod. Present for the applicant was Glen Wills. Mr. Wills explains that because of a deed restriction the garage must be place within 30 feet of the dwelling. This moves the building envelope further away from the wetland boundary, he adds. MOTION: To accept the change as a minor medification was made and seconded. UNANIMOUS '" - ,. Town of Nantucket Conservation Commission (508) 228- 7230 6 Chestnut Street Nantucket, Massachusetts 02554 Meeting Minutes for September 20, 1990 Page 25 b. Administrator Interview Team - Mr. Willet explains that the Personnel Board re~ommended that the Commission establish a team to interview candidates for the Administrator's job. He shows the Commissioners a draft of the ad to go into the paper on September 27, 1990. The consensus of the Commission was to approve of the idea of the interview team and to the draft of the newspaper ad. c. Sharp/Kilvert Conservation Restriction - sign (?) Mr. McKelway stated that the restriction has been signed by the trustee for the project, Kevin Dale. The Commission does not need to sign it but it needs to be forwarded on to the Land Bank for their signatures and then to state agencIes. d. Hither Creek Brushcutting - violation Mr. McKelway states that a phone call had alerted the Commission to some brushcutting around the Boatyard in the marshes. He had inspected the property and found an area about 30 x 200 cut. At least half was actual wetland and the rest was within 100 feet of the wetland. He adds that in conversation with the Boatyard personnel, they were worried after a recent fire in the area that another might occur and wanted to create a fire break. MOTION: To send a letter explaining that such work is an alteration of the wetland and that any additional work will require application to the Commission was made and seconded. UNANIMOUS 6. CORRESPONDENCE 7. MINUTES: for August 9, 23, 1990 and September 6, 1990 MOTION: To approve the minutes as drafted was made and seconded. UNANIMOUS 8. BILLS TO BE ,PAID 9. FIELD INSPECTIONS - Monday, October tCl~ ': (f /"k i). f' \j\ , ) I ! / :-7 ( '---" ) ;/ p, I (, .r' -,.j ';-_ , , ,~ 1, 1990 at 4:00 PM /2 ,'I /; ,/ (t;;;;J; ) ,{ Lev ( L /