HomeMy WebLinkAbout1990-11-01
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
MEETING MINUTES FOR NOVEMBER 1. 1990
The meeting was called to order at 7:02 PM in the Large Group
Instruction Room of the Nantucket High School. Commissioners
present were William Willet, Peter Wilson, Laura Hussey, Dan
Kelliher, Donald Visco, Peter Dunwiddie. Also present was Bruce
Perry, Administrator.
A. EXECUTIVE SESSION
The Commission was polled and voted unanimously to go into
Executive Session.
7:38 PM
a. Litigation
b. Approval of Minutes for Sept. 20 and Oct. 18, 1990
The Open Meeting was reconvened at 7:43 PM
B. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC
NONE
c. PUBLIC HEARINGS
1. Richards - 25 East Tristram Ave. - SE48-609 (31-1)
MOTION: To continue the hearing at the request of the
applicant was made and seconded.
UNANIMOUS
2. Old North Wharf (Omega Reno.) - SE48-618 (42.2.1-34)
Present for the applicant was Melissa Philbrick.
MOTION: To close the hearing and draft an Order of
Condltions was made and seconded.
UNAN I 110US
3. Dujardin - Eel Point Road
SE48-621 (32-4)
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 1, 1990 Page 2
UNANIMOUS
4. Heydt - Brant Point Road - SE48-617 (29-153,156,161)
MOTION: To continue the hearing for additional
information and a field inspection was made and seconded.
UNANIMOUS
5. Moran - Ames Ave. - SE48-620 (60.2.4-63)
Present for the applicant was Glen Wills
Mr. Perry states that the Commission was waiting for a file
number and that has arrived. In addition, he asks for some
guidance concerning the size of the deck that is to be
approved. He adds that the house is either sitting on the bank
or below the bank.
The Commissions discusses the size and location of the
deck.
MOTION: To approve the deck as drawn in the NOI was
made and seconded.
In favor: Kelliher, Wilson, Dunwiddie
Opposed Wasierski
Abstain : Hussey
Mr. Perry asks if the Commission wants to prohibit human
habitation in the boat house that is being moved? The septic
system that is going to be installed will contain excess
capacity.
Mr. Wills comments that the boathouse may be used for a
scallop shanty.
Mr. Wasierski comments that this an issue for the building
department.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 1, 1990 Page 3
6. Harris - 19 Baltimore Street - SE48-622 (85-88)
Present for the applicant was Glen Wills
Mr Wills comments that he will submit a final septic plan
after he receives approval from DEP and before installation of
the system.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
7. Baker - Madaket ROod - SE48-623 (59.4-119.1)
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
8. Dumetella Realty Trust - Medouie Creek - SE48-619 (20-2)
Present for the applicant was Bob Emack.
Dr. Dunwiddie comments that he had reinspected the flags ln
question and he had no problem with their location.
Mr. Emack submits a revised plan showing a change in the
septic leach pit location as a result of the change in the
wetland boundary.
Mr. Perry comments that he has to work out some wording in
the Order concerning the clearing and the significance of the
stand of trees and that the applicant must come in with the
actual footprint before additional clearing is allowed.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
* 9. Cahill - Easton Street - (42.1.4-16)
Present for the applicant was John Shugrue.
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 1, 1990 Page 4
Mr. Willet reads the inspection report.
Mr. Shugrue comments that he would like to replace this
bulkhead at the same time as the neighbors but he has not had
any confirmation from the neighbors as of yet. He proposes to
construct the bulkhead two feet in front of the existing one.
MOTION: To continue the hearing for additional
information and a DEP file number was made and seconded.
UNANIMOUS
* 10.Taylor - Hulbert Ave. - (29-10)
Present for the applicant was Les Smith of Daylor
Consulting.
Mr. Willet reads the inspection report.
Mr. Smith explains the proposal commenting that the
structure will be put on pilings (approximately 20 feet long)
with the finish floor of the dwelling areas being at the 8.5
foot elevation. The structure is being designed as though is
was in a "V" zone even though it is in an "A" zone. He submits
a revised plan showing that the location of the building has
been moved further forward since the filing of the NOr and the
deck locations have changed, also. He submits a plan that
shows the location of the support pilings. The old garage has
a footprint of approximately 400 square feet and the new one
is 1200 square feet.
Mr. Wilson asks the type of foundation that is gcing to be
in the garage area and if the walls area going to be break
away also.
There was discussion concerning the orientation and type of
enclosure around the garage walls. Mr. Smith comments that the
foundation plan is preliminary and he will come back with the
final foundation plan at the next meeting.
Mr. Wasierski asks if the additional walkway is needed to
the beach. He suggests that the access be limited to the
existing pier.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 1, 1990 Page 5
Mr. Smith responds such a change is possible and that he
will clarify the foundation design for the next meeting.
MOTION: To continue the hearing for additional
information and a file number was made and seconded.
UNANIMOUS
* 11.Losey - 57R Polpis Road - SE48-624 (54-24 & 25)
Commissioner Willet abstains from the discussion and
the vote.
Present for the applicant was Glen Wills of Nantucket
Surveyors.
Mr. Wasierski reads the inspection report.
Mr. Wills explains the project commenting that the driveway
is planned to be 10 feet wide but that 14 feet may be cleared
to allow the trucks to bring the modular house. He adds that
the wetland area is primarily a runoff area for Peter Norris's
pond and has water in it only during a heavy rain.
Dr. Dunwiddie asks why the house is not further away from
the wetland?
Mr. Wills responds that the dwelling is proposed to be 58
feet from the wetland and there needs to be room to get the
trucks and crane in to install the house. The driveway is 65
feet from the wetland at its closest point, he adds. The crane
is going to be located in the area of the septic system
location.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
* 12.Santa Rita Trust - Polpis Road - (26-22.4)
MOTION: To continue the hearing for additional field
inspection and information was made and seconded.
UNANIMOUS
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Town of Nantucket
Conservation
".., .,
CommISSIon
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 1, 1990 Page 6
D. REGULAR MEETING
1. REQUEST FOR DETERMINATION
a. Town of Nantucket - Polpis Road Bikepath
Commissioners Dunwiddie and Hussey abstain from the
vote,
Present were Brian Weise of the Nantucket Planning
Commission and Gene Croucn of Vanasse, Hangan, Brustlin
(the Town's engineers).
Mr. Willet explains that the Commission members had
inspected a majority of the wetland sites the previous weekend
and staff and Commissioners had finished up the inspections
today.
Mr. Crouch states that the changes that were suggested in
the field will be incorporated into the final plans. He adds
that he will come back to the Commission for additional
discussion and maybe a public hearing.
Mr. Perry adds that there were some changes made during the
first field inspection that moved the path of the bikepath
further into the wetlands in order to reduce the amount of
brushcu~ting. He asks if the Commission is in consensus with
this idea.
Dr. Dunwiddie asks how far into the property do these
changes go?
Mr. Crouch responds that it depended upon the brushline and
it was mostly 10-15 feet.
Mr. Perry adds that the Commission has received a letter
from Jim Lentowski expressing his concerns with the wetland
crossings and the bikepath in general.
Mr. Weise states that in response to concerns on the
bridges, they now are planned to be ten feet wide to allow
more room to pass.
Town of Nantucket
-Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 1, 1990 Page 7
Mr. Visco asks if all the easements are in place for the
project?
Mr. Crouch responds that they arE not and that is why the
route of the bikepath can be altered to accommodate the
Commissions changes.
Mr. Visco adds that gaining the easements and possible
eminent domain takings will probably hold up the construction.
Mr. Crouch comments that the bridging is to be used to
avoid altering the BVW and therefore avoid replication.
Mr. Visco states that there will be questions in the future
on how the bridges are going to be constructed and how the
equipment is going to get into the wet areas.
Mr. Crouch responds that the final design of the bridges
has not been done and they hope that most of the piling
supports for the bridges can be driven from the road. He adds
that the soil borings will give the engineers a better idea of
the type support needed. He states that the proposed clearing
will be held to a 16 foot swath which will allow the 10 deck
and three feet on either side. He hopes that a large majority
of the work will be done from the road.
Mr. Perry states that the Commission needs to decide if the
proposed 10 foot wide deck with no spacing between the boards
is considered alteration of BVW due to the shading effects of
the deck.
Mr. Visco adds that most of the property that the bikepath
is privately owned and there would be very little land
available for replication.
Mr. Crouch adds that the reason the deck option was chosen
was to avoid replication.
Dr. Dunwiddie comments that the State might have more
problems with the deck idea than the Commission. The decks
themselves may not be altering but the total number of the
pilings that are driven into the wetland areas may add up to
considerable alteration, he adds.
Ms. Sabra Pete~son asks the life expectancy of the bridges?
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 1, 1990 Page 8
Mr. Crouch responds that if concrete is used for the
supports, it should last about fifty years and the pressure
treated decking should last about forty.
MOTION: To issue a positive determination and require
the filing of a NOI for the project was made and seconded,
UNANIMOUS
* b. Connolly - Hummock Pond Road - (83-35)
Mr. Perry states that this is the request that the
Commission approved at the last meeting.
MOTION: To issue a negative Determination using the
exemption that the project is an improvement over the
existing conditions was made and seconded.
UNAf-J I MOUS
2. ORDER OF CONDITIONS
a. Doucette - 18 Grove Lane - SE48-601 (41-441)
Present for the applicant was Les Smith of Daylor
Consulting.
Mr. Willet reads a letter from Lisa Standley requesting
that the hearing be re-ooened.
MOTION: To re-open was made and seconded.
UNANIMOUS
b. Watts - Otokomi Road - NAN-OOb - (56-197) Lot 5
c. Watts - Otokomi Road - NAN-007 - (56-197) Lot 6
d. Watts - Otokomi Road - NAN-008 - (56-197) Lot 7
e. Watts - Otokomi Road
NAN-009 - (56-197) Lot 8
f. Watts - Otokomi Road - NAN-OI0 - (56-197) ROAD
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 1, 1990 Page 9
Present for the applicant were Melissa Philbrick,
counsel and Leo Asadoorian of Hart and Blackwell Assoc.
NAN-OlO
# 16
Mr~. Philbrick SUggEsts that the wording be changed to
'Prior to commencement of any work approved under this Order.'
# 1
Mrs. Philbrick suggests the wording 'sewage grinder pwmp
and a backup electrical system/Dower transfer switch'.
Mr. Asadoorian states that this wording will not require
each individual home to purchaSE an electrical generator but
allow sharing of a single generator.
# 2
Mrs. Philbrick
change to "Small diamEter force main".
change to "the lots in the subdivision".
# 12
Mrs. Philbrick suggEsts that section 5 be a separate
condition because it will be a separate document.
# 16
Mrs. Philbrick states that the maintenance will be the kind
of work that will be minor enough so not to require a
contractual agreement. She suggests that written documentation
that the Commission can review will be enough.
Mr. Kelliher suggests wording that proof of maintenance be
maintained and be available to the Commission upon request.
MOTION: To issue the Order for the road with the
discussed changes wa~ made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
Bruce L. Watts
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 1, 1990 Page 10
LOCAL NOI FILE NUMBER NAN - 10
ASSESSOR'S MAP 56, PARCEL 197
ROAD ONLY
Otokomi Road
UNDER 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 along the upland edge of the
established edge of the wetland, or at a higher elevation.
After the fence or haybales are installed, notice shall be
glven to the Nantucket Conservaticn Commission. No work shall
begin on the site for 48 hours after said notice is given, so
as to allow Commission members time to inspect all siltation
devices. The siltation fence or 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
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 for the road; 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.
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Town of Nantucket
Conservation Comrnission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 1, 1990 Page 11
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's Homeowner Association 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 su~contracts 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.Natural vegetation between the wetland edge and the projec~
site shall be left intact except where it is necessary to
temporarily use this area. After construction of the sediment
basin and road outfalls, any disturbed area within this buffer
area shall be replanted with native plants. With the exception
of the sediment basin during the semi-annual maintenance only,
there must be at least a 25-foot undisturbed buffer zone on
the upland side of the wetland boundary.
13.To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer is prohibited.
14.Prior to the commencement on any work authorized under this
Order, a Homeowners Association shall be established and a
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minu.tes for November 1, 1990 Page 12
copy of the document be submitted to the Commission and
contain but not limited to the following requirements:
1.) Each dwelling shall contain a sewage grinder pump
and a emergency backup electrical system and/or a power
transfer switch.
2.) The small diameter, low pressure force main
serving the lots in the subdivision shall be maintained in
good condition and is the responsibility of the
Association.
3.) The road catch basins and the sediment basin shall
be cleaned out and/or maintained at least semi-annually or
more frequently if the Commission determines in the future.
This is to ensure the lasting integrity of the system and
to prevent the siltation of the vegetated wetland at the
end of the sediment basin.
4.) The sediment basin is to be cleaned out by hand
and the removed materials be removed to an upland location
due to its small size and proximity to the wetland edge.
15.The easement shall be granted over the lots bordering the
sediment basin to allow access to the basin for maintenance
and repair.
16.A written record of the maintenance of the catch basins and
sediment basins will be kept and made available to the
Commission or its agents upon request. The record will
contain, but not be limited to dates of maintenance, who
performed the work and comments if any. This will be an on-
going Condition of the Order and will not expire with the
issuance of a Certificate of Compliance.
UNDER THE NANTUCKET WETLANDS BY-LAW
The Commission hereby grants the applicant two waivers of the
Wetlands Protection Regulations of the Town of Nantucket. The
first waiver is to Section 2.02(B)(I) which requires projects
that are not water dependent to maintain at least a 25 foot
undisturbed area adjacent to a Vegetated Wetland. The second is
to Section 3.04(B)(6) which prohibits projects from displacing or
directing flood waters in Land Subject'to Flooding. These waivers
apply to the sediment basin and its outfall. However, there has
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 1, 1990 Page 13
been a clear and convincing showing by the applicant that there
are no reasonable alternatives that would allow the project to
proceed in compliance with the regulations and that the project,
as conditioned above, will have no adverse effect upon any of the
interests protected by the By-law. Therefore these waivers are
granted under the authority of Sections 1.03(F)(l) and
1.03(F)(2)(a) and (d) of the Wetlands Protection Regulations.
###
NAN - 6, 7, 8, 9
# 12
Mrs. Philbrick suggests that the "and fill" wording be
removed to allow some regrading between the 25 and 50 foot
buffers if necessary.
Mr. Wasierski comments that the plans showed a 50 foot
undisturbed buffer.
Mrs. Philbrick responds that the plans showed a 25 foot
undisturbed buffer and a 50 foot building envelope. She adds
that the driveways may be going between 25 and 50 feet and
will need some regrading.
# 13
Mrs. Philbrick suggests that there might be some confusion
concerning the ability to work within the 25 foot buffer zone
if it is replanted.
Mr. Perry responds that this condition is for work on the
sediment basin only.
Mrs. Philbrick suggests that this wording be included on
the lots that abut the basin only.
# 17
Mrs. Philbrick suggests "deemed in compliance with the
Order" .
MOTION: To issue the Orders with the suggested changes
was made and seconded.
Town of Nantucket
Conservation Conlmission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 1, 1990 Page 14
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
Bruce L. Watts
LOCAL NOI FILE NUMBER NAN - 006
ASSESSOR'S MAP 56, PARCEL 197
LOT 5
Otokomi Road
UNDER 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 along the upland edge of the
established edge of the 25 foot buffer to the wetland, or at a
higher elevation. After the fence 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 allow Commission members
time to inspect all siltation devices. The siltation 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
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 comp-osition; 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 November 1, 1990 Page 15
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 stru~tures
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,
cantilivers, stairs, etc. may be closer than 50 feet from the
edge of the wetland. In addition, no waivers of this condition
will be allowed in the futUre.
13.There must be at least a 25-foot undisturbed buffer zone on
the upland side of the wetland boundary. Natural vegetation
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 1, 1990 Page 16
between the wetland edge and the 25 foot buffer area shall be
left intact.
14.To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer more than 15 feet from the house lS
prohibited.
15.Prior to commencement of work authorized under this Order, a
Homeowners Association shall be established and a copy of this
document be submitted to the Commission and contain but not be
limited to the following requirements for the lots that are
subject to this Order:
1.) Each dwelling shall contain a sewage grinder pump
and an emergency backup electrical system and/or a power
transfer switch.
2.) The small low pressure, small diameter force main
serving the lots in the subdivision shall be maintained In
good condition and is the responsibility of the
Association.
3.) The road catch basins and the sediment basin shall
be cleaned out and/or maintained at least semi-annually or
more frequently if the Commission determines in the future.
This is to ensure the lasting integrity of the system and
to prevent the siltation of the vegetated wetland at the
end of the sediment basin.
4.) The sediment basin is to be cleaned out by hand
due to its small size and proximity to the wetland edge and
the material is to be removed to an upland site.
16.The easement shall be granted over the lots bordering the
sediment basin to allow access to the basin for maintenance
and repair.
17.Prior to the application for building permits or further
construction on the lot, a actual building footprint plan
shall be submitted to the Commission and be deemed in
compliance with this Order. This plan shall include but not be
limited to all structure(s), decks, outside stairs, overhangs,
limits of filling and landscaping, locations of underground
utilities, sewer line and grinder lift pump.
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meet i ng -:>'1 i nu tes for November 1, 1990 Page 17
###
ADDITIONAL SPECIAL CONDITIONS
Bruce L. Watts
LOCAL NOI FILE NUMBER NAN - 008
ASSESSOR'S MAP 56, PARCEL 197
LOT 7
Otokomi Road
UNDER 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 along the upland edge of the
established edge of the 25 foot buffer to the wetland, or at a
higher elevation. After the fence 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 allow Commission members
time to inspect all siltation devices. The siltation 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 b~ 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 dif~ers
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
. Town of Nan}lucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, M assachusctts 02554
Meeting Minutes for November 1, 1990 Page 18
Regulations promulgated under the Bylaw, the Massachusetts
Wetlands Protection Act, and pertinent Massachusetts
iegulations (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 struc~ures
and outfalls, assuring the lasting integrity of vegetative
cover on the site and ~onitoring 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 mainten3nce of construction
eauipment, 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.
II.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,
cantilivers, stairs, etc. may be closer than 50 feet from the
edge of the wetland. In addition, no wa.ivers of this condition
will be allowed in the future.
13.There must be at least a 25-foot undisturbed buffer zone on
the upland side of the wetland boundary. Natural vegetation
between the wet land edge and the 25 foot buffer" area shall be
left intact except where it is necessary to temporarily use
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 1, 1990 Page 19
this area for the construction of the sediment basin. After
construction of the basin, any disturbed area within this
buffer area shall be replanted with native plants.
14.To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer more than 15 feet from the house lS
prohibited.
15.Prior to commencement of work authorized under thi::; Order, a
Homeowners Association shall be established and a copy of this
document be submitted to the Commission and contain but not be
limited to the following requirements for the lots that are
subject to this Order:
1.) Each dwelling shall contain a sewage grinder pump
and an emergency backup electrical system and/or a power
transfer switch.
2.) The small low pressure, small diameter force main
serving the lots in the subdivision shall be maintained ln
good condition and is the responsibility of the
Association.
3.) The road catch basins and the sediment basin shall
be cleaned out and/or maintained at least semi-annually or
-more frequently if the Commission determines in the future.
This is to ensure the lasting integrity of the system and
to prevent the siltation of the vegetated wetland at the
end of the sediment basin.
4.) The sediment basin is to be cleaned out by hand
due to its small size and proximity to the wetland edge and
the material is to be removed to an upland site.
16.The easement shall be granted over the lots bordering the
sediment basin to allow access to the basin for maintenance
and repair.
17.Prior to the application for building permits or further
construction on the lot, a actual building footprint plan
shall be submitted to the Commission and be deemed in
compliance with this Order. This plan shall include but not be
limited to all structure(s), decks, outside stairs, overhangs,
limits of filling and landscaping, locations of underground
utilities, sewer line and grinder lift pump.
Town of Nantl.lCket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 1, 1990 Page 20
# t-.;
3. CERTIFICATE OF COMPLIANCE
a. Greenleaf - Hulbert Ave. - SE48-395 (29.2.3-6)
Present for the applicant was Bob Emack.
Mr. Perry summarizes the history for Compliance. He adds
that at the most recent inspection last week showed that the
revegetation still was inadequate.
Mr. Emack suggests that a partial compliance be issued for
the bulkhead work and on-going condition for the vegetation.
Mr. Wasierski comments that it :s hard to have applicants
finish off projects after a partial compliance is issued.
Mr. Perry adds that the area was supposed to be replanted
this year.
Mr. Emack states that the Order for Niskayuna allows the
walkway to go through this area and the area will be disturbed
in the near future.
The Commission suggests that the agent discuss some
replanting ideas with the owner and come back to the
Commission at the next meeting.
b. Wright/Horgan - Medouie Creek - SE48-565 (14-35)
Present was Bob Emack of Nantucket Surveyors.
Mr. Emack asks that this be continued for additional as-
built plans.
Mr. Perry comments that at the field inspection there was
only 22 Tupelos transplanted instead of the 31 required in the
Order of Condition.
Dr. Dunwiddie asks what happened to the nine trees?
Mr. Emack responds that he does not know.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 1, 1990 Page 21
Mr. Perry suggests that the Commissioners view the site to
see the changes t..at have occurred under this Order. All the
brushcutting was allowed in the Order but the owners have
removed everything up to the limits allowed.
Dr. Dunwiddie adds th~t 30% of the trees are missing and
that is a significant number and reminds that Commission of
his comments concerning the transplanting of the tupelo trees.
MOTION: To contlnue the COC for additional information
at the request of the applicant was made and seconded.
UNANIMOUS
c. Howell - 23 Crow's Nest Way - SE48-423 (12-15)
MOTION: To continue for a field inspection was made
and seconded.
UNANIMOUS
4. OTHER BUSINESS
B. David Jay
Conservation Restriction ~discussion
Present for the Jay's were Lynn Zimmerman of the
Nantucket Land Council and Melissa Philbrick, counsel.
Mrs. Philbrick com~ents that this restriction is required
in the Order to prevent a driveway crossing in the wetland.
The rights would go to the Land Council. The intent is to
place it in front of you to review for the next meeting.
Mr. Visco asks what the public benefit of accepting this
restrictio~? Is there public access to this property?
Mrs .Philbrick responds that there is not public access.
Mr. Willet comments that there is public benefit just by
restricting the pro~erty.
Mr. Perry comments that the utility easements allow the
utility to come through the restricted areas and wetlands to
replace the lines and poles. If the new utilities are going to
Town of Nantucket
ConservatIon Commission
...
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
MEeting Minutes for November 1, 1990 Page 22
be placed in the road, then some time in the future there
easemen~-s can be removed from the property.
There was a brief discussion concerning another restriction in
Wauwinet owned by the Fisher family. They have 4.03 acres and
they are restricting all but 5000 square feet of the property.
b. Wetland Exclusion Article for Town Meeting - discussion
Present was Brian Weise of the Nantucket Planning
Commission.
Mr. Weise states that the Planning Commission is sponsoring
an article at this Town Meeting that would require 90% of the
lot area in any new lots to be upland. He adds that this
should clear up some problems concerning the creation of
problem lots but grandfathers all existing lots. In addition,
this would allow for the determination of large parcels at a
single time instead of one at a time. This would also include
ANR lots.
Mr. Visco comments that the buffer zone lS included in the
exclusion.
Mr. Weise responds that in the Planning Board
recommendation in the paper, the buffer zone and isolated
wetlands are excluded from this by-law. He adds that the lot
area including 10% wetland is certified at the time of
creation by the Planning Board. If the wetland changes by the
time somebody comes into build on the lot, it does not affect
the viability of the lot. He concludes that this is an
important article on Town Meeting floor and asks for the
Cummission's support on the ~loor and before.
c. Change of Meeting Date
Mr. Perry suggests that December 27 meeting be changed to
the next week (Jan 1991). Meeting on the 27th would put field
inspections on Christmas Eve and also last year the Commission
and agents suggested that this meeting be changed for 1990.
MOTION: To change the meeting date was made and
seconded.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, M assachusctts 02554
Meeting Minutes for November 1, 1990 Page 23
UNANIMOUS
d, Harbor Planning Goals and Objectives
Mr. Perry states that in the Commissioner's packet there is
a draft list of the areas that are going to be studied in this
study.
Ms. Cheryl Creighton states that on November 8 there is
going to be a public workshop on the scope of the project.
Mr. Perry adds if Commissioners wish to comment, they can
contact the office.
5. CORRESPONDENCE
6. MINUTES: for October 18, 1990
Not approved to allow more time to reads the draft.
7. BILLS TO BE PAID
8. FIELD INSPECTIONS - Monday, November 5, 1990 at 3:30 PM
The meeting was adjourned at 9:28 PM
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