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
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