HomeMy WebLinkAbout1990-10-04
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
MEETING MINUTES FOR OCTOBER 4. 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, Laura Hussey, Henry Wasierski,
Donald Visco, Peter Dunwiddie, Peter Wilson and Dan Kelliher.
Also present were Ben McKelway, Administrator and Bruce Perry,
Secretary.
~ COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC
Cheryl Creighton of the Nantucket Land Council states that
Pam Pogue, who will be in charge of preparing the Harbor
Management Plan, will be coming to the island on October 25th
to talk with various departments about the project. She
suggests that the Commission agree on a time that it could
meet with her on that day.
!h. PUBLIC HEARINGS
1. David Poor - Lauretta Lane - SE48-599 (14-10.2)
Present for the applicant was Tom King of Milton
Rowland Associates, designer.
Mr. McKelway states that the top of the bank has been
flagged and the existing building is between four and ten
feet from the top of the bank. The wetland flags 3, 4, 5 are
apparently in the wrong position in the field but the line on
the new plan looks correct, he adds. There is a waiver
request in the NOI he says. He suggests that a plan be
submitted that shows all the proposed work and the wetland
boundaries together, adding that the state would require this
anyway.
Mr. King adds that the line of staked haybales will be at
the top of the bank.
Mr. Perry states that the applicant was going to look into
the recent septic replacement and produce some as-built plans
for the Commission.
Mr. King responds that he has been unable to find recent
plans as of yet.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 2
MOTION: To close the hearing subject to the receipt of
the requested plan at the next meeting was made and
seconded.
UNANIMOUS
2. Doucette - 18 Grove Lane - SE48-601 (41-441)
Present were Sharon Doucette, applicant; Rhoda
Weinman, Counsel; Les Smith and Lisa Standley of Oaylor
Consulting Group.
NOTE:
The numbers correspond to the letter submitted to the
Commission by Ms. Standley.
Mr. McKelway states that the Commission had received
additional information from the applicant as requested but
did not receive additional wildlife information as requested.
Ms. Standley responds that wildlife interests were
discussed in the NOI narrative. The analysis was done for a
typical wetland such as this one which will provide habitat
for small and large mammals along with food and shelter for
nests. The value of the wetland is diminished by the close
proximity of the roads and houses, she adds that after
construction there will be an increase of 900 square feet of
shrub thicket habitat which will mitigate adverse effects.
2.) So i I Bo ring s :
Ms. Standley submitted the results of soil borings taken
on October 4, 1990: a) upgradient of flags 1-2 in the
replacement area, b) between flags 6-7 at the wetland
boundary, and c) upgradient of flags 6-7 and comments that
the conditions at the wetland boundary are similar to the
soils within the wetland and the replication should not alter
these conditions. She adds that the soils at the third site
show that the soils were disturbed probably with the spoils
from digging of the ditch.
3.) Vegetation and percent cover were explained in the submittal.
4.) Hydrology:
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 3
Ms. Standley states that two watersheds had been
identified contributing to the area. There will be no change
in the peak discharge rates due to the project but she adds
that. the calculations show that the ditch closest to the
house will overflow its banks in a storm event more frequent
than the 25 year event. To compensate for this, additional
flood storage capacity was added to the replication area as
shown in the plans that came with the letter.
7.) Revised house plan or the use of pilings:
Ms. Standley states that the proposed 1800 square foot
house is the minimum size that the applicant will accept.
Placing the house on pilings would result in the house being
approximately four feet above the existing grade. The shading
impacts of the house will be the almost the same as filling
and it will result in a less stable structure, she concludes.
Ms. Weinman comments that she had represented the
applicant prior to her purchase of the lot. The title search
resulted in the negative Determination being found and she
relied on the record when she purchased the property. She
would not have bought the property if it had a positive
determination or an Order of Conditions; she asserts. To say
that the Commission was lost during the field inspection 15
hard to believe, she concludes.
Mr. Wasierski responds that he feels that there are many
people that are lost on this property. The compass directions
given by the agent are completely incorrect and the
conditions on this lot are that it is now a wetland.
Mr. Willet adds that the old Determination has been lapsed
for two years, the application is under present rules and
regulations, and all parties admit the lot is mostly wetland
now.
Mr. McKelway comments that replication areas are usually
supposed to duplicate the filled area, not build something
new. Noting the applicant's proposal to plant different
shrubs in the hope that more wildlife will be attracted, he
said he hopes that the species that are present now will also
feel at home in the replication area. He submits the
following into the record: Wetland Wildlife Assessment
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 4
Methodologies by Joseph S. Larson, DEP Wetlands Program
Policy 88-1 and Wetlands Wildlife Advisory #2, Methods for
Evaluating Riparian Habitats with Applications to Management
(in the Commission's Wildlife file).
Ms. Standley contends that DEP does not require wildlife
habitat studies when altering BVW because they assume that it
is always important to wildlife and therefore they have met
all the requirements of DEP.
Mr. McKelway responds that while the state regulations may
not require additional information, the local By-law has a
broader definition of wildlife and that the Commission has
the authority under the By-law to require that a study be
done in greater detail than already presented. Furthermore,
even under the state regulations, the Commission can request
a better study, and failure to supply it could result in a
denial due to lack of information, he adds.
Mr. Perry had a number of questions concerning the
stormwater discharge rates and drainage calculations that Ms.
Standley was unable to answer but she stated that their
hydrology expert will be in contact with the staff to answer
its questions.
Mr. McKelway states that some of the replication area is
above the 13 foot elevation and asks if it can be expected
that wetland vegetation will grow in that area?
Ms. Standley responds the wetland edge is above that
elevation near Grove Lane and while this does not occur In
other areas of the lot, she feels that it will.
Mr. McKelway asks if the work came be done so close to the
ditch without altering the banks are required in the
regulations?
Ms. Standley states that other methods had been looked
into such as a temporary sheet piling but she feels that the
siltation fence and staked haybales will protect the ditch.
She adds that on another point, a surveyed plan that should
be submitted to the Commission at the time that excavation is
completed will be more detrimental to the replication due to
the time involved to draw up the plan resulting in the soils
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 5
drying out and the risk in storms coming through. :he
excavations will be spot checked by a surveyor but the
scientist on the scene needs some flexibility in the
replication area.
Mr. Perry responds that this was not the intent of that
request in the letter. It was to make sure that the site is
prepared properly before it is refilled with the wetland
soils. It would save a lot of money if there are problems
later that might require alterations.
Dr. Dunwiddie comments that the discussion is missing the
point of this application. The application calls for filling
of approximately 20 'l. of the lot and this will have a
significant effect on the site whatever is replaced. He adds
that he does not see what the applicant can do to offset
altering one fifth of the lot -- you will have an impact. The
discussion should center around reduction of the house
footprint and thus the amount of filling.
Mr. Willet agrees, commenting that house should be more
like 1000 square feet.
Dr. Dunwiddie adds that this is what the Commission has
required on some other lots that disturbed much less area.
Ms. Doucette comments that she was under the impression
that the Commission would not consider this application
without a replication proposal.
Dr. Dunwiddie responds that the replication efforts will
be taken into account but that the main point is the amount
of filling.
Ms. Doucette states that she was looking for a house that
she could move into that was one story with a garage, and
that's why she needed it so big.
Mr. Kelliher states that his own house lS less than 900
square feet and is roomy.
Mr. McKelway states that he was under the impression that
the Commission had reached a brick wall in the reduction of
the footprint. If the application were to be approved, then
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 6
it makes sense that the replication area works. If it were to
be denied, then the Commission may have to prove on appeal
that the declsion was reached in an objective and scientific
mannel- .
Mr. Willet suggests that the applicant consider reducing
the footprint and come back to the Commission.
MOTION: To continue the hearing for additional
information at the request of the applicant was made and
seconded.
UNANIMOUS
3. Richards - 25 East Tristram Ave. - SE48-609 (31-1)
MOTION: To continue the file at the request of the
applicant was made and seconded
UNANIMOUS
4. Maury - Millbrook Road - SE48-616 (57-23)
Present for the applicant was Bob Emack of Nantucket
Surveyors.
Mr. McKelway states that the Commission has received plans
showing the revised wetland boundary, a 25 foot undisturbed
buffer, changed septic location that is mounded to get
clearance to groundwater.
Dr. Dunwiddie comments that the test pit is not close to
the septic location and asks how close is it required?
Mr. Visco responds that the state code requires that it be
within 20 feet.
Dr. Dunwiddie states that the test pit is approximately 80
feet from the septic site and suggests that a new test be
done.
Mr. Visco comments that the groundwater in this area lS
consistent and a new test seems unnecessary.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 7
Dr. Dunwiddie states that there are wetlands all around
the area and to be cautious and dig another hole does not
seem too much to ask.
Mrs. Philbrick suggests that the Order could be drafted
for the next meeting, on the assumption that the Commission
will close the file and sign the Order the same night.
MOTION: To continue the hearing at the request of the
applicant was made and seconded.
UNANIMOUS
5. Old North Wharf (Omega Reno.) - (42.2.1-34)
Present for the applicant was Melissa Philbrick.
Mrs. Philbrick comments that the Commission has received
floor plans, pictures of the house, and a letter from Ed
Sanford explaining the project.
Mr. Wasierski asks if there is a plan showing a snow
fence?
Mrs. Philbrick responds that the Commission wanted the
fence to limit work and control windblown litter.
MOTION: To continue the hearing for additional
information and a DEP file number was made and seconded.
UNANIMOUS
6. Dujardin - Eel Point Road - (32-4)
MOTION: To continue the hearing at the request of the
applicant was made and seconded.
UNANIMOUS
7. Barnside R. C. - Austin Farms - SE48-612 (56-381 & 382)
Present for the applicant was Les Smith of Daylor
Consulting and Melissa Philbrick.
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Town' . of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 8
M~s Phtlbrick states that she has talked with the owners
and submits a letter that will hopefully solve the
Commission's worries. The letter states that the lots have
been merged for this application and that as an on-going
condition of this filing there will be no further waivers of
the Commission's regulations requested in the future. There
is no part of lot 35 that is outside of 100 feet but there is
a small area that is between 50-100 feet. The owner would be
required to file another NOI to construct anything in that
area.
Mr. McKelway adds that the Commission has to decide
whether or not they want to prevent building within 100 feet
of the wetland or just 50 feet.
Mr. Visco states that he wants the Commission to know that
these parcels are not forever married together.
Mrs. Philbrick agrees that even if the lot line were to be
erased, another owner could split the parcel again with an
ANR application to the Planning Board.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
* 8. Heydt - Brant Point Road - (29-153,156,161)
MOTION: To continue the hearing at the request of the
applicant was made and seconded.
UNANIMOUS
NOTE: All these files were discussed concurrently.
*
9. Watts - Otokomi Road - NAN-006
(56-197) Lot 5
*
10.Watts
Otokomi Road
NAN-007
(56-197) Lot 6
*
11.Watts - Otokomi Road - NAN-008
(56-197) Lot 7
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 9
*
12.Watts
Otokomi Road - NAN-009 - (56-197) Lot 8
*
13.Watts - Otokomi Road - NAN-OI0
(56-197) ROAD
*
c. Watts - Otokomi Road - (56-197) - ROAD ONLY
Present were the applicant Bruce Watts, David Haines
of Haines Hydrogeologic, Leo Asadoorian of Hart and
Blackwell, and Melissa Philbrick.
Mr. Haines states that there is an existing negative
Determination for the road but the discharge from the road is
subject to the Commission's regulations. The resource area
involved is Isolated Land Subject to Flooding (ILSF) which
does not have a buffer zone and we are determining the limit
of flooding as the wetland boundary. The Notices of Intent
were filed because under the local Bylaw the wetland is a
Vegetated Wetland, which does have a 100-foot buffer zone.
After pointing out that the negative Determination was for
a gravel road, not a paved one, Mr. McKelway asks the
Commission if anybody remembers flooding in excess of the
wetland boundary?
Both Mr. Visco and Kelliher remember flooding up to the
road itself. Mr. Visco says it was In the hurricane of 1954.
Mr. McKelway responds that this is then the limit of the
State ILSF, and he reads the regulations.
Mr. Haines responds that this storm was greater than a 100
year event.
Mr. Perry explains that it up to the applicant to prove to
the Commission the limits of the ILSF. They need to calculate
the limits of the 100 year storm event. Otherwise, as the
regulations state, it is the limit of known flooding which in
this case is the edge of the dirt road.
Mr. Asadoorian states that he has the modeling and he will
submit it at the next meeting.
Mr. Haines states that there IS no work in the wetland
area or the ILSF. The NOIs were filed locally due to the
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 10
local definitions for Vegetated Wetlands and the local buffer
zone around ILSF. He reiterates that the road is outside the
buffer to both resources but the drainage basin is within the
buffer. The applicant responded to Planning Board requests to
eliminate catch basins that will require maintenance. The
road basins will allow sediment carried in the rain to settle
out and additional settling will occur in the grass basin at
the bottom of the hill.
Dr. Dunwiddie asks the capacity of the basin and what SIze
of storm will cause it to overflow?
Mr. Asadoorian responds that the basin is not a retention
basin but a small area to allow sediment to settle. He adds
that the basin may handle approximately 3000-4000 gallons and
may contain a one inch rain over a day. Most of the runoff
now goes into the Miacomet Pond direction, he states.
Mr. Haines explains that five lots are proposed and the
shaded areas shown are the result of zoning setbacks and
keeping a 50 foot buffer to the wetland for all structures.
The owners will come in with limits of work and actual
building envelopes when they plan to build and this can be
handled as minor modifications to the existing Orders.
Mrs. Philbrick adds that the homeowners agreement will
provide maintenance for the basins and address the private
sewer and Town water line. She says she will provide the
Commission with a copy of the agreement.
The consensus of the Commission is to require at least
semi-annual maintenance of the road basins and annual
maintenance of the sediment basin.
MOTION: To continue the local NOIs and the State
Determination for additional information was made and
seconded.
UNANIMOUS
~ REGULAR MEETING
1. REQUEST FOR DETERMINATION
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 11
a. Trustees of Reservation - Wauwinet Rd. - (20-6)
MOTION: To continue the application at the request of
the applicant was made and seconded.
UNANIMOUS
*
b. Marine Department - Town Pier - (42.2.3 - 2)
Present was Dave Fronzuto, Marine Superintendent.
Mr. Fronzuto explains that this is a continuation of the
project that was started by George Resendes. The pump out
facility has been installed and these pilings will protect
the boats that are tying up to use it.
Ms. Rhoda Weinman, representing abutter Linda Loring,
comments that she has been having problems getting accurate
information from the Town departments concerning the
proposal. She requests that no decision be made on this file
until the next meeting.
Mr. Fronzuto responds that he is agreeable to continue but
adds that he is negotiating with the contractor who is doing
the bulkhead replacement for Winthrop and cannot delay the
project very long.
MOTION: To continue the file with the consent of the
applicant was made and seconded.
UNANIMOUS
*
d. Hussey - Polpis Road - (20-11)
Commissioners Willet and Hussey abstain from
discussion and the vote.
Mr. Wasierski reads the inspection report.
Ms. Hussey comments that the proposal is to rebuild an
existing structure on the same footprint as before and to
remove some dirt that has entered the wetland next to the
driveway.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 12
Dr. Dunwiddie states that he is familiar with the site and
feels that within a growing season the area will revegetate
with wetland plants.
MOTION: To issue a negative Determination commenting
that the area is subject to protection but the work will
not alter was made and seconded.
UNANIMOUS
*
e. Monomoy Harbor R. T. - Eel Point Rd. (32-4)
Present for the applicant was Melissa Philbrick.
Mrs. Philbrick states that the proposed project is to stay
outside of 100 feet from the top of bank.
Mr. Perry explains that he had requested that the stake In
the field, that had been agreed to as the 100 foot line, be
surveyed onto a plan to prevent any misunderstandings in the
future. In addition, he suggests that all work be kept
another ten feet from the stake.
MOTION: To issue a negative Determination but not
issue the Determination until a plan showing the stake as
discussed is presented to the office was made and
seconded.
UNANIMOUS
*
f. Parks and Rec. - Coffin Park
(41-29)
Present were members of the Parks and Recreation
Commission and Early Childhood Council.
Mr. Willet reads the inspection report.
Mr. Jack Gardner adds that as a result of the field
inspection he suggests that the parking lot be located in the
overgrown bamboo area by Cliff Road. It would only be visible
during the winter, he states. The proposed play area is also
covered with the bamboo and he comments that they may use the
herbicide "Roundup" to control the weed.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 13
Mrs. Jean Sherman adds that the walking paths, shed,
restrooms have been removed from the proposal but they would
like to maintain the brushcut areas in the back.
Mr. Richard Glidden, representing an abutter asks if this
discussion is going to result in the requiring of a NOI be
f i 1 ed ?
Mr. Willet responds that IS the recommendation of the
inspection team.
MOTION: To issue a positive Determination and requIre
the filing of a NOI for the project was made and seconded.
UNANIMOUS
2. ORDER OF CONDITIONS
a. Matthews - 1 Quidnet Road - SE48-608 (20-462)
Mr. McKelway comments that in the last paragraph of the
DISCUSSION section he would like to add the cite the
pertinent section of the Bylaw.
MOTION: To issue with the discussed change was made
and seconded.
UNANIMOUS
PROJECT DENIAL
H.B. MATTHEWS
DEP FILE NUMBER SE48 - 608
ASSESSOR'S MAP 20, PARCEL 462
1 QUIDNET ROAD
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
FINDINGS
Public hearings on the above-referenced Notice of Intent were
held August 23 and September 20 of 1990. Based on the field
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Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 14
inspection August 20, the plans and application form, and
testimony presented at the hearings, the Nantucket Conservation
Commission makes the following findings:
1) The proposed shed would be approximately 5 feet from the
established wetland boundary, the edge of a shrub swamp.
2 This resource area is classified as Bordering Vegetated
Wetland under 310 CMR 10.55, which states in part: "Bordering
Vegetated Wetlands are likely to be significant to public or
private water supply, to ground water supply, to flood control,
to storm damage prevention, to prevention of pollution and to the
protection of fisheries and wildlife habitat....Bordering
vegetated wetlands are probably the Commonwealth's most important
inland habitat for wildlife. The hydrologic regime, plant
community composition and structure, soil composition and
structure, topography, and water chemistry of bordering vegetated
wetlands provide important food, shelter, migratory and
overwintering areas, and breeding areas for many birds, mammals,
amphibians and reptiles. A wide variety of vegetated wetland
plants, the nature of which are determined in large part by the
depth and duration of water, as well as soil and water
composition, are utilized by varied species as important areas
for mating, nesting, brood rearing, shelter and (directly and
indirectly) food. The diversity and interspersion of the
vegetative structure is also important in determining the nature
of its wildlife habitat. Different habitat characteristics are
used by different wildlife species during summer, winter and
migratol-y seasons."
3) This resource area is classified as a Vegetated Wetland under
the Wetlands Protection Regulations of the Town of Nantucket,
Section 3.02, which states in part: "Vegetated Wetlands,
together with land within 100 feet of a vegetated wetland, serve
to moderate and alleviate thermal shock and pollution resulting
from runoff from impervious surfaces which may be detrimental to
wildlife, fisheries, and shellfish downstream of the vegetated
wetland....Vegetated Wetlands are excellent places for
birdwatching and hunting....Land within 100 feet of a vegetated
wetland is considered to be significant to the protection and
maintenance of Vegetated Wetlands, and therefore to the
protection of the interests which these resource areas serve to
protect....When a Vegetated Wetland or land within 100 feet of a
Vegetated Wetland is determined to be significant to an interest
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 15
protected by the By-law, the following regulations shall apply:
(1.) Proposed projects which are not water dependent shall
maintain at least a 25-foot natural undisturbed area adjacent to
Vegetated Wetlands. All structures which are not water dependent
shall be at least 50 feet from a vegetated wetland."
4) Waivers from the 25-foot and 50-foot rule may be granted under
Section 1.03(F)(I) of the local Wetlands Protection Regulations,
which states in part: "The Commission may, in its discretion for
good cause shown, grant waivers from the operation of one or more
of these regulations pursuant to this section. Such waivers are
intended to be granted only in rare and unusual cases, and shall
be granted only in accordance with the provisions of this
section." These provisions are set forth in the following
paragraphs, (1.03(F)(2)}, which state in part:
"a. The Commission may grant a waiver from these regulations and
impose such additional or substituted requirements as it
deems necessary, upon a clear and convincing showing by the
applicant that: 1) there are no reasonable conditions or
alternatives that would allow the project to proceed in
compliance with the regulations and 2) the project, or its
natural and consequential effects, will not have any adverse
effects upon any of the Interests Protected by the By-law....
b. The Commission may grant a waiver from these regulations when
it is necessary to avoid so restricting the use of the
property as to constitute an unconstitutional taking without
compensation....
c. The Commission may grant a waiver from these regulations when
the Commission finds that a project will improve the natural
capacity of a resource area to protect the interests
identified in the By-law...."
5) At the public hearing August 23, the Commission asked the
applicant to submit his request for a waiver in writing. The
hearing was continued for this additional information. On August
27, the applicant submitted a letter explaining that he needed a
shed for more storage space.
6) Following discussions on the project in the field and at the
public hearing August 23, the applicant agreed to move the
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 16
proposed shed to a different location, but this location is also
approximately 5 feet from the wetland.
7) The Nantucket Wetlands Bylaw (Chapter 136 of the Code of the
Town of Nantucket), section 136-8, states: The applicant shall
have the burden of proving by a preponderance of the credible
evidence that the work proposed in the application shall not harm
the interests protected by this chapter. Failure to provide
adequate evidence to the Commission supporting a determination
that the proposed work will not harm the interests protected by
this chapter shall be sufficient cause for the Commission to deny
a permit or grant a permit with conditions or, in the
Commission's discretion, to continuE the hearing to another date
to enable the applicant or othel-s to pt-esent additional evidence.
DISCUSSION
The Commission determines the project site to be significant to
the interest of wildlife habitat under 310 CMR and to the
-interest of wil-dlife under local regulations. The existing house
is already close to the wetland, and there is no need to further
disturb the birds, deer, and other animals that use this area.
A waiver from the 25- and 50- foot setbacks in the local
regulations {Section 3.02(B)(1)} cannot be granted for the
project because the applicant has not made a clear and convincing
showing that there are no reasonable conditions or alternatives
that would allow the project to proceed in compliance with the
regulations and that the project, or its natural and
consequential effects, will not have any adverse Effects upon any
of the interests protected by the By-law. Furthermore, because
there are existing structures on the property already, a waiver
is not needed to avoid an unconstitutional taking without
compensation. Furthermore, a waiver cannot be granted on the
grounds that the proposed project would improve the natural
capacity of the wetland to protect the interests identified in
the By-law; the Commission does not deem the project to be such
an improvement. Furthermore, a waiver cannot be granted because
this case is not rare and unusual {Section 1.03(F)(1) of the
local Wetland Protection Regulations}.
The applicant did not prove by a preponderance of the credible
evidence that proposed work would not harm the interests
protected by the Bylaw -- public or private water supply,
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 17
groundwater, flood control, erosion control, storm damage
prevention. water pollution, fisheries, shellfish, wildlife,
recreation, and wetland scenic views. (Chapter 136 of the Code of
the Town of Nantucket, Section 136-8.)
CONCLUSIONS
For the reasons set forth above, the Commission hereby denies the
Notice of Intent filed under the Massachusetts Wetlands
Protection Act and the Nantucket Wetlands Bylaw. The proposed
work is thus prohibited under the Act (appealable to the
Department of Environmental Protection) and under the By-law
(appealable to the Trial Court of the Commonwealth of
Massachusetts, Superior Division). This denial is without
prejudice; the Commission has not considered and does not address
at this time other activities and proposals of the applicant in
respect to the subject parcel which involve different structures
or locations but are not included in this application. The
applicant is free to file a new application.
This denial supersedes any wording on Form 5 (attached) which
implies that some work will be permitted under this Order.
This denial shall apply to any successor in interest or successor
in control of the property.
###
b. Newquist - Fargo Way - SE48-606 (14-15 & 61)
Present for the applicant were Les Smith and Lisa
Standley of Daylor Consulting, and Andrew Leddy.
Mr. Smith submits a new plan stating that a retaining wall
was added around the house, the old driveway was closed off
and the new drive is shown opened for construction, the
finished contours were added, landscaping timbers were added
at the edge of the parking area to stabilize the dirt and he
had comments on the following conditions:
:# 3
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 18
The silt fence location was moved slightly to allow the
razIng of the house.
tt 14
To add the wording 'except for the house and cottage
demolition' .
# 16
Allow the grassy meadow to be mowed at least once in the
spring except for the first three years when mowing will be
allowed three times per yeal- to pcevent shrub regrowth.
# 17
Allow the use of organic fertilizers on the lawn and
meadow.
# 19
Allow native or naturalized speCIes In the planting of the
meadow.
Ms. Standley adds that a maintenance plan has been
submitted and the proposed species to be used have been
changed in response to the Commission's request. She requests
that organic fertilizers be used every two years as necessary
on the meadow.
Dr. Dunwiddie suggests that this list of allowable plants
be identified in the Order.
MOTION: To issue the Ordec as amended was made and
seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
SCOTT AND AILEEN NEWQUIST
DEP FILE NUMBER SE48 - 606
ASSESSOR'S MAP 14, PARCEL 15 & 61
8 - 10 FARGO WAY
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 19
( 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 siltation fence or a
line of haybales shall be staked at least 25 feet from the
established wetlands boundary, or at a higher elevation,
except at the location of the existing cottage (to be
removed), where the fence or haybale line shall be located
between the wetland and the cottage. At the same time, a
line of snow fence shall be staked at least 25 feet from the
top of the coastal bank, except at the location of the
existing house (to be removed), where the fence or haybale
line shall be located between the bank and the house. After
the fences and/or haybales are installed, notice shall be
given to the Nantucket Conservation Commission. No work
shall begin on the site for 48 hours after said notice is
given, so as to all~ Commission members time to inspect all
siltation devices. The siltation fence or haybale line,
erected to prevent siltation, erosion, and filling and 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
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 20
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.
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. Dust control, if required, shall be limited to water. No
salts or other wetting agents shall be used.
10. 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.
11. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
12. In all cases, no part of any structure, including decks, may
be closer than 50 feet from the top of the coastal bank or 50
feet from any wetland.
13. The part of the main house in the 100-foot buffer zone of
wetlands jurisdiction shall be constructed with a system of
~~llTUCIr.~
r-,)-
(> .10..
ff \"V~
oi_~U\~
-;(JI~
to; ~.,- -c:-=- -~ ~,.. i
~----=- - ==- 1....1:
~~_.. ~~=-- II\. :-
-'^~::;::::>-. "ll):-
.., .... " ~..
()~JI .......9. ""~
o RA't ~....."
...........
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 21
gutters and drywells, to minimize runoff to the nearby
v-!et land.
14. There must be a 25-foot natural, undisturbed buffer zone on
the upland side of the wetland boundary and landward of the
coastal bank, with the exception of a pathway to the stairs
to the beach and where the existing house and cottage are to
be removed from this zone.
15. The lines shown on the final plan as "PROPOSED LIMIT OF
CLEARING" and "LIMIT OF EXISTING VEGETATION" shall be the
actual limit of clearing.
16. With the exception of the areas shown as "LAWN" on the final
approved plan, all grassy areas shall be mowed no more than
once a year, in the spring, in order to retain seeds and
cover for the feeding and shelter of wildlife through the
fall and winter. The area shown as "PROPOSED MEADOW" may be
mowed up to three times a year during the first three years
to control the re-growth of woody species and once a year
thereafter. This shall be an ongoing condition on the
Certificate of Compliance.
17. The use of any pesticide on the areas shown as "LAWN" and
"PROPOSED MEADOW" on the final approved plan and within the
area downgradient of the proposed limit of clearing lS
prohibited. The use of fertilizers within 100 feet of
wetlands shall be limited to organic fertilizer.
18. Any filling must be done with soil originating at the site.
No excavated materials shall be stockpiled in or within 25
feet of a resource area.
19. Any seeding or planting within the area identified as
"PROPOSED MEADOW" on the final approved plan and within other
areas identified on the plan as areas of "indigenous
plantings" must use only plant species which are native or
naturalized to the island, in accordance with the letter to
the Commission from Lisa A. Standley, Ph.D., dated October 3,
1990 and received by the Commission October 4, 1990.
20. The new driveway shall be gravel with a sand base, and it
shall be used for access by all vehicles during construction.
The existing driveway from Fargo Way shall be abandoned.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 22
21. No coastal engineering structure of any kind shall be
permitted on the property in the future to protect the
project allowed by this Order. 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.
22. The final appr-oved plan for this project is entitled "Site
Plan of Land in Nantucket, Massachusetts," prepared for
Design Associates by Hart-Blackwell & Assoc., Inc., revised
September 27, 1990, and received by the Commission September
28, 1990.
###
c. Wolff - Hinkley Lane - SE48-615 (30-22.1)
Present for the applicant was Les Smith of Daylor
Consulting.
Mr. Smith suggests that Condition # 14 be changed to allow
the use of organic fertilizers around the house.
MOTION: To issue with the suggested change was made
and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
MARY AND DAVID WOLFF
DEP FILE NUMBER SE48 - 615
ASSESSOR'S MAP 30, PARCEL 22.1
29 HINCKLEY LANE
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 25 feet or more from the top of the coastal bank.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 23
This fence, erected to prevent erosion and 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 constructi~" and it shall not be
removed until all soils are stabilized and revegetated or
until permission to remove it is given by the Commission.
4. An as-built plan, signed and stamped by a registered
professional engineer or land surveyor in the Commonwealth of
Massachusetts, shall be submitted to the Commission at the
same time as a written request for a Certificate of
Compliance and shall specify how, if at all, the completed
plan differs from the final approved plan. The as-built plan
shall include, but not be limited to, the following: any
pipe/culvert inverts for inflow and outfalls; pipe slope,
size and composition; location of other drainage structures
and their composition; limits of fill or alteration; location
of all structures and pavement within 100 feet of wetland;
the edge of the wetland; the grade contours within 100 feet
of the wetland.
5. Members, employees, and agents of the Commission shall have
the right to enter and inspect the premises to evaluate
compliance with the conditions and performance standards
stated in this Order, the Nantucket Wetlands Bylaw, the
Regulations promulgated under the Bylaw, the Massachusetts
Wetlands Protection Act, and pertinent Massachusetts
regulations (310 CMR 10.00 through 10.99). The Commission
may require the submittal of any data deemed necessary by the
Commission for that evaluation.
6. The applicant, owners, successors or assignees shall be
responsible for maintaining anyon-site drainage structures
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.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 24
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. Dust control, if required, shall be limited to water. No
salts or other wetting agents shall be used.
10. 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.
11. This Order of Conditions shall apply to any successor In
interest or successor in control of the property.
12. In all cases, no part of any structure, including decks and
steps, may be closer than 50 feet from the top of the bank.
13. There must be a 25-foot natural, undisturbed buffer zone
landward of the top of the coastal bank.
14. The use of any pesticide on lawns is prohibited within the
lOO-foot buffer zone, and only organic fertilizer shall be
used in this zone.
15. Maintenance of, repair of, and the addition of a railing to
the existing stairway to the beach is allowed without the
filing of a new application, provided the design of the
stairway is not changed.
16. A new footpath to the stairway to the beach or to the
existing path on the adjacent lot may be cut and mowed,
provided it is not more than 4 feet wide.
17. 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.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 25
###
** NOTE: All the Barnside Orders were discussed concurrently.
d. Barnside R. C. - Austin Farms - SE48-612 (56-381 & 382)
e. Barnside R. C. - Austin Farms - SE48-611 (56-380)
f. Barnside R. C. - Austin Farms - SE48-610 (56-388)
g. Barnside R. C. - Austin Farms - SE48-613 (56-370 & 371)
Present for the applicant were Melissa Philbrick and
Les Smith.
SE48
612 and 613
# 16
Mrs. Philbrick states that # 16 should be changed to
reflect the wording as submitted in her letter and discussed
during the meeting.
# 13
The limit of work be at least 35 feet from the wetland and
this distance is to be measured from the wetland and not from
the edge of the house.
# 14
Allow the use of organlc fertilizers.
MOTION: To issue the Orders as modified was made and
seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
BARNSIDE REALTY CORPORATION
DEP FILE NUMBER SE48 - 612
ASSESSOR'S MAP 56, PARCEL 381 & 382
HIGH BRUSH PATH
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 26
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 siltation fence or a
line of haybales shall be staked 25 feet from the established
wetlands boundary, or at a higher elevation. The fence or
haybale line, erected to prevent siltation of the wetland
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 01- until permission to
remove it is given by the Commission.
4. An as-built plan, signed and stamped by a registered
profess i ona I eng i neel- or I and surveyor in the Commonwea I th of
Massachusetts, shall be submitted to the Commission at the
same time as a written request for a Certificate of
Compliance and shall specify how, if at all, the completed
plan differs from the final approved plan. The as-built plan
shall include, but not be limited to, the following: any
pipe/culvert inverts for inflow and outfalls; pipe slope,
size and composition; location of other drainage structures
and their composition; limits of fill or alteration; location
of all structures and pavement within 100 feet of wetland;
the edge of the wetland; the grade contours within 100 feet
of the wetland.
5. Members, employees, and agents of the Commission shall have
the right to enter and inspect the premises to evaluate
compliance with the conditions and performance standards
stated in this Order, the Nantucket Wetlands Bylaw, the
Regulations promulgated under the Bylaw, the Massachusetts
Wetlands Protection Act, and pertinent Massachusetts
regulations (310 CMR 10.00 through 10.99). The Commission
may require the submittal of any data deemed necessary by the
Commission for that evaluation.
6. The applicant, owners, successors or assignees shall be
responsible for maintaining anyon-site drainage structures
and outfalls, assuring the lasting integrity of vegetative
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 27
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. Dust control, if required, shall be limited to water. No
salts or other wetting agents shall be used.
10. 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.
11. This Order of Conditions shall apply to any successor In
interest or successor In control of the property.
12. In all cases, no part of any structure, including decks, may
be closer than 50 feet from the wetland boundary.
13. There must be a 35-foot natural undisturbed buffer zone on
the upland side of the wetland boundary.
14. The use of any pesticide on lawns is prohibited within the
100-foot buffer zone, and only organic fertilizer shall be
used in this zone.
15. Before construction begins, a site plan showing the
"footprint" of the house, including decks, shall be submitted
to the Commission.
16. This Order applies to Lot 20 and Lot 35 <Parcels 381 and
382), which have been merged by the property owner for the
purposes of this Order. Accordingly, it is a condition of
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 28
this Order that such lots be.merged for construction purposes
and that no future waivers will be granted from the
regulations of the Commission in connection with work planned
on either lot. Any work not permitted by this Order must be
presented to the Commission for approval under a new Notice
of Intent. This shall be an ongoing condition on the
Certificate of Compliance.
###
SE48 - 610 and 611
The same changes as suggested for # 13 and 14.
MOTION: To issue the Orders as modified was made and
seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
BARNSIDE REALTY CORPORATION
DEP FILE NUMBER SE48 - 610
ASSESSOR'S MAP 56, PARCEL 388
HIGH BRUSH PATH
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 siltation fence or a
line of haybales shall be staked 25 feet from the established
wetlands boundary, or at a higher elevation. The fence or
haybale line, erected to prevent siltation of the wetland
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
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 29
same time as a written request for a Certificate of
Compliance and shall specify how, if at all, the completed
plan differs from the final approved plan. The as-built plan
shall include, but not be limited to, the following: any
pipe/culvert inverts for inflow and outfalls; pipe slope,
size and composition; location of other drainage structures
and their composition; limits of fill or alteration; location
of all structures and pavement within 100 feet of wetland;
the edge of the wetland; the grade contours within 100 feet
of the wetland.
5. Members, employees, and agents of the Commission shall have
the right to enter and inspect the premises to evaluate
compliance with the conditions and performance standards
stated in this Order, the Nantucket Wetlands Bylaw, the
Regulations promulgated under the Bylaw, the Massachusetts
Wetlands Protection Act, and pertinent Massachusetts
regulations (310 CMR 10.00 through 10.99). The Commission
may require the submittal of any data deemed necessary by the
Commission for that evaluation.
~. The applicant, owners, successors or assignees shall be
resp~nsible 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 debl-is, 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. Dust control, if required, shall be limited to water. No
salts or other wetting agents shall be used.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 30
10. 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.
11. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
12. In all cases, no part of any structure, including decks, may
be closer than 50 feet from the wetland boundary.
13. There must be a 35-foot natural undisturbed buffer zone on
the upland side of the wetland boundary.
14. The use of any pesticide on lawns is prohibited within the
100-foot buffer zone, and only organic fertilizer shall be
used in this zone.
15. Before construction begins, a site plan showing the
"footprint" of the house, including decks, shall be submitted
to the Commission.
###
3. EXTENSION PERMIT
a. Dooley
Polliwog Pond Road
SE48-447 (55-422.4)
b. Dooley - Polliwog Pond Road
SE48-433 (55-422.6)
c. Dooley - Polliwog Pond Road
SE48-438 (55-423.1)
Commissioner Visco abstains from the discussion and
vote.
Present were the applicant John Dooley and Glen Wills
of Nantucket Surveyors.
Mr. Wills submits a new plan for lot 10 showing a
different building envelope, wetland boundary, driveway as a
result of the field inspection held on October 1. He also
agrees to place a culvert under the driveway of lot 4 to
prevent flooding of the house next door. He request minor
modifications to the Order of Conditions for both lots.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 31
MOTION: To accept the requested modifications as minor
was made and seconded.
UNANIMOUS
MOTION: To issue one year extension permits for all
three files was made and seconded.
UNANIMOUS
d. Town of Nantucket - Madaket Bridges - SE48-427
Present was DPW Superintendent Jeff Willett.
Mr. Willet explains that the original proposal was to
build wooden bridges but that idea has been changed to use
aluminum culverts instead, due to the cost. The present
conditions do not allow much water flow into the pond and the
new bridges will be a great improvement, he states, adding
that the fish runs will stop if the repairs do not happen
soon.
Dr.. Dunwiddie comments that the change from the clogged
culverts to the wide open box culverts will result in a
substantial change in the aquatic system of Long Pond. Just
the increased flow of salt water into the pond will result in
some change to the system, he a~ds, but no one can say
whether the change will be for the better.
MOTION: To issue a one year Extension Permit for this
project was made and seconded.
UNANIMOUS
4. CERTIFICATE OF COMPLIANCE
a. Roll/Dorian - Tom Nevers - SE48-533 (92.4-86)
Mr. Willet reads the inspection report which recommends
issuance of the Certificate.
MOTION: To issue the Certificate of Compliance with
on-going Conditions # 7, 13, 14, 16 was made and seconded.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 32
UNANIMOUS
b. Wolff - Hinkley Lane - SE48-371 (30-22.1)
MOTION: To issue the Certificate stating that no work
was dcne under the Order was made and seconded.
UNANIMOUS
5. OTHER BUSINESS
d. Siasconset Sewer Project - minor mod.
Present was Jeff Willet DPW Superintendent.
Mr. Willet states that as a result in the increased
erosion rate of the dunes, the Town has had to make some
changes to the facility siting. The modification is to move
the clarifier and operations building across the driveway and
to eliminate three of the six proposed beds. He submits plans
showing the proposed locations. He adds that the delay in the
project could potentially cost the Town $ 10,000 per week.
MOTION: To accept the proposed changes as minor was
made and seconded.
UNANIMOUS
b. Bruce Poor - possible violation? Discussion
Mr. McKelway states that there has been a response to the
Commission's letter and that Mr. Poor proposes to file a RFD
sometime in the future.
Mr. Willet states that no further action should be taken
until the RFD is submitted.
Mr. Visco states that he is opposed to making Mr. Poor
file for his work, which is all in the name of agriculture,
and says that the Commission should stop harassing him.
Mr. Dunwiddie says it would be hard to say that all of
what Mr. Poor has done out there is for agriculture.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 33
Mr. Willet says that in any case he should have filed an
application with the Commission.
Mr. McKelway said he.would like to pursue more aggressive
enforcement methods for this situation, which he said is the
biggest violation (area-wise) that he has seen in his three
years as administrator. He suggests filing a complaint
through Environmental Police Office Don LaHaye.
Mr. Wasierski suggested that Mr. McKelway take Officer
LaHaye ("Clambo") to view the sIte, but the other members
felt it would be better to wait and deal with the RFD.
After agreeing not to file a formal complaint against Mr.
Poor as long as he is still employed by the Commission, Mr.
McKelway requests permission to send the two letters (to and
from Mr. Poor) to the local newspapers.
Ms. Hussey said that would be OK, since a lot of people
are interested in what is going on his property, but the
other members felt that publicizing the matter would not be a
good idea. Mr. Dunwiddie says the reporters don't come to
the meetings, but all the Commission's records are open to
them -- don't single this matter out for their attention.
Mr. McKelway then suggested a letter be sent to Mr. Poor
setting a deadline for the receipt of his RFD. He voiced
concern that without such a deadline Mr. Poor would put off
the matter the way he has put off the Certificate of
Compliance requirements for the expired Order of Conditions
for the driveway leading to his property. Mr. McKelway also
suggested that the Commission prohibit any further mowing
until the matter has been resolved.
MOTION: To send Mr. Poor a letter stating that the RFD
has to be submitted before Nov. 1, 1990, and that no
further work is allowed in the meantime was made and
seconded.
Mr. Visco opposed and all others in favor.
c. New Lane Skating Pond - possible violation? Discussion
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for October 4, 1990 Page 34
Mr. McKelway states that the Land Bank mowed the skating
pond on New Lane before it was allowed by the Determination
issued last year. He states that he contacted them and they
do not know who did the work and have not authorized anybody
to do it this year.
MOTION: To send the Land Bank a letter reminding them
of the parameters in the Determination issued last year
was made and seconded.
UNANIMOUS
d. Polpis Road Bikepath - Inspection Sat. Oct. 13 at 10 AM
6. CORRESPONDENCE
7. MINUTES: for SeptembEr 20, 1990
MOTION: To approve as drafted was made and seconded.
UNANIMOUS
8. BILLS TO BE PAID
9. FIELD INSPECTIONS - Monday, October 15, 1990 at 4:00 PM
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