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HomeMy WebLinkAbout1990-10-04 ~~"TUCIr~~ ~)- (> .10.. f "V~ .~.U\~ ~i,,_:W! .~~~/:I ~~,.. ~~=-- i.~1 -'(''- ~--=-.......lO :- () i;p-.......c 9....' ORA't';.e-.~ ...... 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 ~~"TUCIr,~ ~)- (> .10.. ~f \~~ O[~_Hlll '-i"- ~ - -i. ,. . ., ~ .., I" \~-- ~ .....~ ~~_.. ~~:- '(-... ~-;" .........lO" ()~........;;9. , "ORA't~ ....~ ......" 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. 11P"'''T~CIr~ ~~ )- .., .10 ~f.. \"V~ 0: tUl 1 I-:~.~ ~ :J~: "\", '" I" · ..\~---:=-- ......, ~~_.. ~~=- 1,,- :- -'(-... ~-,- .........IO.i () i;j;-.......:. 9' i>"" ORA't..._...~ .........- 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 ~> ~~~ {fl. _ ~"V~ .~.U\~ Ei.-iUl! .- ... - :. . .~~-~~ ~ I~! ~~_"~~I .'(>'- ~--=-- ......lO " ()~._. ft...., '1"PORA'tt._~~ ..........- 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 ~~~~"'~~~~ /:O~ . . t.~~ 'tf \"V~ .~.U\~ Ot-iCII! t-r'-~'. , . ..\~-~ ~ '::~ ~~-.. ~~=-- 1,,- :- -,,^, ~~. ..ll):- "-O.=:"" ...." ~ '9" ........c 9' ~ "ORA't 'W_.....~ ..........- 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 ./, , 1 Iv " I v ,-'~' I :1 I vv'C' (I I ' J '~[l\ r '-