HomeMy WebLinkAbout1990-11-08
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
MEETING MINUTES FOR NOVEMBER 8. 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, Dan Kelliher, Laura Hussey, Peter
Dunwiddie, Henry Wasierski and Peter Wilson. Also present was
Bruce Perry, Administrator.
A. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC
NONE
B. 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. Heydt - Brant Point Road - SE48-617 (29-153,156,161)
Present for the applicant was Tom King of Milton
Rowland Associates.
Mr. Willet reads the inspection report.
Mr. King submits a revised plan and a waiver request. He
adds that the replication justifies that waiver request.
Dr. Dunwiddie comments that the applicant needs to prove
that there in no alternative in order to be granted a waiver.
Mr. King comments that he is improving the situation by
replicating what was previously filled.
Mr. Willet responds that there is still room to move the
structure further away from the wetland.
Mr. King states that the building is to be a boat house
and have additional rooms upstairs. The size of the structure
is to be comparable with the neighboring houses.
Mr. Wasierski asks if the original house had a NOI filed
for its construction and comments that the staff should look
into the building permit.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 2
Dr. Dunwiddie comments that he is not convinced that this
project justifies a waiver at this time. There are still
alternatives to be explored.
Mr. King responds that the owner does not feel that there
are any reasonable alternatives.
Dr. Dunwiddie comments that if there was no permit to
construct the original house and the wetland was filled, then
the applicant is in greater trouble than originally thought.
The old wetland line should be determined either through
photographs or through soils.
MOTION: To continue the hearing for additional
information and review of files was made and seconded.
UNANIMOUS
3. Cahill - Easton Street - SE48-627 (42.1.4-16)
Present for the applicant was John Shugrue.
Mr. Perry states that the request is to replace an
existing bulkhead with a new one two feet in front of the old
one.
Mr. Dunwiddie comments that it was discussed at the last
meeting that this repair might be done at the same time to
reduce the impacts on the harbor.
Mr. Shugrue comments that he will talk with the owners of
the abutting lot to see if they are ready to go ahead with
the replacement of their bulkhead.
MOTION: To continue the hearing for additional
information was made and seconded.
UNANIMOUS
4. Taylor - Hulbert Ave. - SE48-626 (29-10)
Present for the applicant was Les Smith of Daylor
Consulting, Inc.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 3
Mr. Smith submits a revised plan showing a revised board
walk and some better definition of the foundation design. He
adds that below the elevation 8 will be breakaway walls. The
walls will be designed as though the building is in a "V-
Zone" even though it will be in an "A-Zone".
There was some discussion concerning the construction of
the breakaway walls and how they function in a storm. Mr.
Smith that this design is not required in this zone just that
they are over designing the structure.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
5. Santa Rita Trust - Polpis Road - (26-22.4)
Present was the applicant, Randy Sharp, Jeff Blackwell
of Hart-Blackwell Associates and Melissa Philbrick,
counsel.
Mr. Willet reads the inspection report.
Mr. Blackwell submits a plan showing a detail of how the
garage is going to hook into the existing septic system. He
adds that the grade will be brought up to the existing
conditions.
Dr. Dunwiddie asks if there were representations during
the original hearings concerning the main building site being
the only site used on this lot?
Mrs. Philbrick responds this the proposal is not for a
dwelling unit but for a garage with a studio above. The size
of the structure is small for the size of the lot, she adds,
and the building department will stamp on the Certificate of
Occupancy that the structure is not for human habitation.
Ms. Hussey asks if the location of the garage is far away
from the house site?
Mr. Sharp responds that he has built them this far away
before and he explains how the garage will be accessed.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 4
Mr. Wasierski wants to see the original plan for this lot
and the house location because there was considerable
discussion concerning the house and driveway locations. He
comments that it was conceivable that the idea for this
second structure was considered during the original filing
and that is why the driveway was changed to on top of the
hill.
Mr. Willet asks if any consideration was given concerning
putting the studio underneath the garage and reduce the
impacts on the wetlands?
Mr. Sharp responds that he is uncomfortable with putting
two cars above the studio and that the structure is outside
the 50 foot zone and the driveway is outside the 25 foot
zone.
~
Mr. Wasierski responds that if the garage is being used
for winter storage as proposed, it does not matter if the
studio is on top or the bottom.
Mrs .Philbrick states that the studio needs the natural
light that will be available by putting the studio on top and
that the studio may be used year round.
Dr. Dunwiddie asks if there is parking spaces at the
house?
Mr. Sharp responds that there are and that the house foot
print is small and that the lot is ten acres and that this
garage will have minimal impact on the lot.
Dr. Dunwiddie comments that he is bothered by this
incremental increase in the lot's use. He was under the
impression that the construction on the lot was going to be
limited to the building envelope.
Mr. Sharp responds that he is only using 3000 square feet
of a lot that is approximately 120,000 square feet in size.
Dr. Dunwiddie asks if the building could be moved further
back into the hill?
Mr. Sharp responds that he does not want to "visually side
swipe the building" with in-coming cars.
Town of Nantucket
Conservation Commission
(508) 228..:7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 5
Mr. Wilson states that the final floor elevation is higher
than the surrounding grade and asks for the applicant plans
to get into the house?
Mr. Sharp responds that there will be a small level
walkway and no filling behind the house. He adds in response
to a question that there is 32 feet from the garage to the
back of the driveway and that for studio purposes it would
make for dismal conditions to have the garage on top.
Dr. Dunwiddie responds that if the studio were to be on
the bottom, it would eliminate a large amount of the wetland
impacts.
Mr. Sharps states that he is trying to meet the setbacks
and not create large impacts on the area and that he has
limited the use of the ten acres through the Conservation
Restrictions on the property and only one dwelling.
Mr. Wasierski comments that he feels that the turning area
could be made smaller.
MOTION: To continue the hearing for additional
information, review the original file, and a DEP file
number was made and seconded.
UNAN I I"IOUS
* 6. Doucette - 18 Grove Lane - SE48-601 (41-441)
Present for the applicant was Lisa Standley of Daylor
Consulting and Rhoda Weinman, counsel.
Ms. Weinman states that a 600 square foot house is not
acceptable to her. She adds that she does not understand the
difference in impact of 600 versus 1000 square feet.
Mr. Perry responds that a he had done some rough
calculations. The 600 sq. ft. house fills approximately 1500
sq. ft. of wetland. This includes the five feet around the
house, the two foot wide retaining wall as shown on the plans
and moving the house within 15 feet of the property line. The
biggest benefit is the moving of the envelope closer to the
lot line and further out from the wetland.
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Town of Nantucket
Conservation Commission
(508) 2.26- .....u
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 PagE 6
Ms. Weinman states that she had already met the
Commission's requirements by reducing the house size to lO~
sq. ft. and she does not understand why there wa? a further
reduction in the footprint in the Draft Order.
Dr. Dunwiddie comments that there are no black and whit~
requirements but 600 is better than 1000 which is better than
2500 etcetera.
Mr. Perry adds that the Commission during the hearing did
not request the applicant come back in with a building
envelope of 1000 sq. ft.. It was a number that was tossed Out
to see the reduction in wetland filling over the 1800 sq. ft.
house that the applicant had proposed.
Ms. Weinman comments that the original Determination for
lot 8 was positive and the resulting NOr had the house end up
at 1400 sq. ft.. THe Order was issued in 1987.
Mr. Perry states that the cases are very different. In tne
NOr for lot 8 the proposed house was not located in the
wetland as it is here and there was only a small amount of
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Ms. Weinman comments that she had talked with Mr. Keit~
who is an abutter and he says that he does not have a prOD
with the project as proposed.
Dr. Dunwiddie asks that as an attorney, and from the point
of view of setting a precedent to allow filling of a wetland
to build a building, which the Commission has not allowed Li
to this point, how would you point to this case in requesti
the Commission do the same down the line? Would you not be
solely tempted to use this file as an example?
Ms. Weinman responds that each case is different and that
she would probably not use it but somebody else might.
Mr. Perry states that this is what she is already doing by
using the approval down the road as a precedent to request
for a larger building envelope than the draft Order allowed.
Ms. Weinman states that the 600 sq. ft. house is
unacceptable and could constitute a taking of the property
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 7
and depriving the owner of full use of the property. The
owner is unwilling to accept 600 sq. ft. but may go belo~
1000 sq. ft..
Ms. Standley states that the Commission never discussed in
a public hearing the effects of going below 1000 sq. ft. and
she comments that she was surprised at the first two
conditions in the draft order. She submits a draft letter to
discuss the issues a required in the Order. She adds that the
applicant is under a hardship that when she bought the
property she was under a negative Determination that the lot
was not subject to the Act.
Mr. Willet states that the Determination has expired two
years ago.
Dr. Dunwiddie adds that any lawyer would tell you that the
Determination is not valid in perpetuity. There was no effort
to extend the Determination before it expired.
Ms. Standley states that the ditches have not changed and
the applicant feels that she should have reasonable use of
the land and that is why the NOr was filed. She summarizes
that the 1000 sq. ft. house with the compensatory wetland
replication area, meets that requirements of the Wetlands
Protection Act and should be approved as proposed. She adds
that she thinks that the project will not have a signific2n~
effect on the wetlands or their values. Based on that she
states that there is not any scientific justification for
requiring less than a 1000 sq. ft. house. The amount of
impact between a 1000 and a 600 sq. ft. house is negligible
and not detectable on a three acre wetland.
Dr. Dunwiddie comments that the applicant cannot use the
wetland that is not on the property as part of your argument.
You do not know what the plans the neighbors might have for
their land and you have no control that part of the wetland,
he adds.
Ms. Standley adds that the proposed house takes up only
five percent of the lot and that the 1000 sq. ft. house is a
reasonable use of the property. She shows the Commission the
other houses in the neighborhood and their location on their
property. Most of the houses in the area are around 1000 sq.
ft..
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 8
Mr. Perry asks if any of the others are sitting In
wetland?
Ms. Standley responds that it is not relevant to her
discussion. The size of the houses in the area averages
approximately 1000 sq. ft., she asserts. She lists some
houses in the area that range in distance from 35 to 60 feet
from the wetland. The order as drafted allows only for 500
sq. ft. of interior livable space, less than a two car
garage. She states that the Commission should not impose such
constraints on use of the property when the reduction in
house size has no large reduction in wetland impacts. She
adds that 1000 sq. ft. house will fill 2600 sq. ft. and the
600 sq. ft. house will fill 1900 sq. ft. of wetland.
Mr. Perry states that those figures are keeping the house
30 feet from the property line and also shows a 25 percent
reduction in wetland filling by reducing the house size.
Ms. Standley states that proposed condition that the
applicant obtain a variance from ZBA. She thought the
discussion had centered with the applicant apply for relief
from the ZBA. The proposed house conforms with current zoning
but the Commission is requiring a project that does not
conform with zoning.
Ms. Weinman comments that this type of project is not
something that should go before the ZBA because there is a
way to do the project without a variance and that the
hardship is created by the Commission.
Mr. Willet disagrees stating that this is just the type of
project that should go before that board and that the
Commission did not create the wetland that is causing the
problem.
Mr. Perry adds that the Commission would be willing to
support the filing before the ZBA and that there has been
ample precedent to allow the waiver.
Ms. Standley reiterates that the Commission's requirement
of a 600 sq. ft. house is not acceptable and that they do not
have as much a problem with the ZBA requirement as with the
house size.
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Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 9
Mr. Perry states that by reducing the house size from lC
to 600 sq. ft. the wetland filling is reduced by 20 %. He
adds that this is a significant reduction in the amount of
filling on the lot.
Ms. Standley responds that the reduction is not
significant to the wetland and adds the wetland on this
property is not of very high quality.
Mr. Kelliher reiterates his position that the entire
property is a wetland and he disagrees with the wetland
boundary.
Ms. Standley states that there IS a change in vegetation
at the wetland boundary.
Mrs. Florence Clifford, an abutter from 21 New Lane,
opposed to the project and she states that the waterline
the property goes through the wetland, somewhere.
IS
t-or
MOTION: To continue the hearing for additional
information was made and seconded.
UNANIMOUS
* 7. Scott - 11 E. Hallowell Lane - SE48-628 (30-17)
Present for the applicant was John Shugrue.
Mr. Willet reads the inspection report.
Mr. Shugrue summarizes the project commenting that the
proposal is to place pilings in between the existing ones to
support the groins and not make the groin any longer. Access
to the job site will be from the beach.
Mr. Perry comments that the groin is being undercut by
erosion on the down side.
MOTION: To close the hearing and draft an Order of
Conditions and to allow beach nourishment was made and
seconded.
UNANIMOUS
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 10
* 8. Old North Wharf (Nautilus) - SE48-629 (42.3.1-225)
Present was the applicant Edward Sanford and Melissa
Philbrick, counsel.
Mr. Willet reads the inspection report.
Mr. Sanford comments that he wants to renovate an existing
cottage and add approximately 560 sq. ft. of footprint. He
reviews the plans in the NO! with the Commissioners.
Dr. Dunwiddie reads the request for a waiver.
Mrs. Philbrick explains the waiver request from Land Under
the Ocean, the 25 foot undisturbed buffer and a structure
with a non-water dependant use within 50 feet of the water.
Mr. Sanford comments that if the 50 foot setback is to be
adhered to then there would be no building on the wharf. He
.feels that the Commission is to protect the wetlands and not
the parking lot (the Wharf). He adds that this is an unusual
circumstance due to the wharf's location. He explains that he
plans to repair the rotted bulkhead behind the existing one.
He adds that he will have a cross section drawn that will
show greater detail the proposal.
Dr. Dunwiddie questions on what basis does the Commission
grant the waiver to do this project?
Mrs. Philbrick responds that this is a unique situation
with the location of the project on the wharf and that this
is a renovation of an existing structure that is not going
any closer to the areas subject to protection.
The Commission reviews the wording for the granting of a
waiver request.
Mrs. Philbrick states that there is no where on the wharf
that the addition could be constructed without a waiver
request and that the interests of the By-law to be protected
are storm damage control and erosion which are enhanced by
the proposed bulkhead replacement.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 11
Mr. Sanford states that the additions first floor will
have a finish elevation of approximately eight feet due to
the building code requirements.
Mr. Perry suggests a narrative on how they plan to remove
the structure if it comes to it. The NOI talks about a
renovation, addition, removal, he adds.
MOTION: To continue the hearing for additional
information (cross section of bulkhead, floor plans of the
building> was made and seconded.
UNANIMOUS
* 9. Doubleday - Easton Street - SE48-625 (42.1.4-14,15)
Present for the applicant was Melissa Philbrick and
Glen Wills.
Mr. Willet reads the inspection report.
Mr. Wills explains the project and states that the entire
lot is subject to coastal storm flowage. The entire building
will be raised to elevation nine to comply with state
building codes, he adds. The proposed deck will be at the
same elevation as the first floor and the two lots have been
merged for zoning purposes. The garage will be expanded to
hold two cars and an addition as shown on the plans will b~
constructed in the house, he continues. He states that he has
suggested to the applicants that the plant area between 50
and 25 feet to the bank be planted with native species but he
is unsure if the owners will listen to him. He anticipate a
"tasteful border garden" in this area to replace the Rosa and
poison ivy.
Mr. Perry asks if the 25 foot buffer will remaIn as
existing?
Mr. Wills responds that he expects it to remain
undisturbed by the landscaping project. He add that there is
no plans at this time to perform any bulkhead repairs.
Mr. Wilson comments that in the future the owners will
want to eliminate the poison ivy in the area. He adds that in
the future they will want to change the plantings.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 12
Mr. Perry asks if the 25 foot buffer 1S enough 1n this
case ?
Mrs. Philbrick comments that both she and Glen have been
talking with the applicant about the Commission's concerns
about the harbor.
Dr. Dunwiddie suggests that in the Order some d~scussion
of the Commission's concern about nutrient loading of the
harbor as they reflect the landscaping plans.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
c. REGULAR MEETING
1. REQUEST FOR DETERMINATION
a. Nantucket Electric - Wauwinet Road- bury electric lines
Mr. Perry comments that Mr. Fredricks could not be present
tonight and then summarizes the proposal. The proposal is to
replace the existing above ground lines with below ground
lines.
Mrs. Enid Williams, an abutter, asks about the location of
the right of way and the proposed location of the transformer
that is going to be moved.
Mr. Perry states that the Company plans to move the
transformer across the street and down the road a little.
Mr. Willet suggests that the discussion be continues in
order to clarify the location of the transformer.
MOTION: To continue the hearing was made and seconded.
UNANIMOUS
2. ORDER OF CONDITIONS
a. Old North Wharf (Omega Reno.) - SE48-618 (42.2.1-34),
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for Novembe: 8, 1990 Page 13
Present for the applicant was Melissa Philbrick.
Mrs. Philbrick comments that a clarification concerning
work on the pile supports and that no replacement of the pile
supports is requested in this Order.
MOTION: To issue the Order of Condition with the
suggested clarification was made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
Old North Wharf Trust
Edward Sanford, Trustee
DEP FILE NUMBER SE48 - 618
ASSESSOR'S MAP 42.3.1, PARCEL 34
41 Old North Wharf
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 snow fence shall be
staked on the property as shown on the final approved plans
and a "preventative tarp projecting four feet from the
water", as described in the letter from Edward Sanford dated
September 25, 1990 and received by the Commission on
September 26, 1990, shall be installed. After the fence and
tarp 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 snow fence and tarp are erected to prevent windblown
litter from entering the wetland during construction, and
will also serve as a limit of activity for work crews. They
shall remain in good repair during all phases of
construction, and they shall not be removed 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
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 14
Compliance and shall specify how, if at all, the completed
plan differs from the final approved plan.
5. Pursuant to General Condition Number 8, the Order of
Conditions must be registered in the Registry of Deeds of
Nantucket, prior to the commencement of work.
6. 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.
7. 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.
8. This document shall be included in all construction contrac~s
and subcontracts dealing with the work proposed and shall
supersede other contract requirements.
9. 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.
10. Dust control, if required, shall be limited to water. No
salts or other wetting agents shall be used.
11. 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.
Town of Nantucket
Conserv'a tion Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8~ 1990 Page 15
12. This Order of Conditions shall apply to any successor In
interest or successor in control of the property.
13. To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer more than 15 feet from the house IS
prohibited.
14. The approved project allows for the enclosure of the entire
first floor deck and partial enclosure of the second floor
deck as depicted in the plans received on October 1, 1990 by
the Commission. No expansion of the decks is allowed and no
replacement of pile supports of the decks is permitted.
###
b. Dujardin - Eel Point Road - SE48-621 (32-4)
Mr. Perry suggests adding a condition that adds spaCIng
between the boards be at least three fourths of an inch and
that the stairs be pulled up when the house is not inhabited.
,~
MOTION: To issue with the suggested change was made and
seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
Monomoy Harbor Realty Trust
Kevin Dale, Trustee
DEP FILE NUMBER SE48 - 621
ASSESSOR'S MAP 32, PARCEL 4
109 Eel Point Road
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
3. Pursuant to General Condition Number 8, this Order of
Conditions must be registered in the Registry of Deeds for
Nantucket, prior to commencement of any work approved in this
Order.
4. Prior to any activity at the site, a snow fence shall be
staked along either side of the proposed walkway and deck
allowing three feet on either side of the walkway and around
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 16
the deck. After the fence is installed, notice shall be giV2:-
to the Nantucket Conservation Commission. No work shall
begin on the site for 48 hours after said notice is given, sc
as to allow Commission members time to inspect all siltation
devices. The snow fence is erected to prevent windblown
litter and erosion of the bank 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.
5.
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: 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.
6. 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 th2
Commission for that evaluation.
7. 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.
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 17
8. This document shall be included in all construction contract5
and subcontracts dealing with the work proposed and shall
supersede other contract requirements.
9. 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.
10. Dust control, if required, shall be limited to water. No
salts or other wetting agents shall be used.
11. 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.
12. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
14. Natural vegetation between the wetland edge and the project
site shall be left intact except where it is necessary to
temporarily use this area. After construction, any disturbed
area within this buffer area shall ~e replanted with native
plants.
15. Due to the sensitive nature of the area for rare species
habitat, the work permitted is the construction of the
walkway and observation deck. Further alterations of the
buffer zone, including but not limited to brushcutting and
filling, is not allowed without prior written approval from
the Commission.
16. The project will conform to plans titled "Walkway,
Observation deck, and Aluminum steps", revised 9/18/90 and
received by the Commission on 9/19/90. These plans show the
observation deck as 8 feet by 10 feet as approved during the
Hearing inclusive of all seats, benches, railings, etc.
17. The Commission approves the use of aluminum stairs over the
bank. To reduce their impacts on the movement of sand along
the beach, these stairs are to be removed during the off-
season when the house is not inhabited.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 18
18. To allow sunlight to penetrate underneath the walkways and
observation deck, the spacing between the boards will be a
minimum of three-fourths inch ( 3/4").
19. To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer more than 15 feet from the house IS
prohibited.
20. 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.
###
c. Moran - Ames Ave. - SE48-620 (60.2.4-63)
Present for the applicant was Glen Wills.
# 23
Mr. Wills suggests that dry wells be allowed behind the
house to protect the bank from eroding.
Mr. Perry comments that it was the intention of this
Condition to keep the down spouts from draining over the
bank.
MOTION: To Issue with the discussed change was made and
seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
Rita and Jean Moran
DEP FILE NUMBER SE48 - 620
ASSESSOR'S MAP 60.2.4, PARCEL 63
343 Madaket Road
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 19
( CHAPTER 136 )
3. Pursuant to General Condition Number 8, this Order of
Conditions must be registered in the Registry of Deeds for
Nantucket and proof of recording shall be submitted to the
Commission, prior to commencement of any work approved ln
this Order.
4. Prior to any activity at the site, a siltation fence or a
line of haybales shall be staked along the upland side of the
existing snow fence. 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, erosion, filling, etc. 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.
5. 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.
6. 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
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 20
may require the submittal of any data deemed necessary by
Commission for that evaluation.
.'- ~, ,"-
. ~ I ~ ~::-_
7. 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.
8. This document shall be included in all construction contracts
and subcontracts dealing with the work proposed and shall
supersede other contract requirements.
9. 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.
10. Dust control, if required, shall be limited to water. No
salts or other wetting agents shall be used.
11. 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.
12. This Order of Conditions shall apply to any successor In
interest or successor In control of the property.
13. Natural vegetation between the wetland edge and the project
site shall be left intact except where it is necessary to
temporarily use this area. After construction, any disturbed
area within this buffer area shall be replanted with native
plants. A list of the proposed plants to be used will be
submitted to the Commission prior to excavation.
14. No lawn is allowed on the harbor side of the house or the
relocated shed. The natural vegetation shall be allowed to
grow back.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 21
15. Due to the previous use of the grounds surrounding the
dwelling and the resulting high nitrate condition that could
pollute Madaket Harbor, the Commission allows the removal of
the soils around the house and over the bank. The excavation
is limited to twenty (20) feet on the harbor side of the
house.
16. The replacement soils shall consist of clean material of
similar grain size and type as defined in General Condition #
6 (page 5-2). The final contours shall be the same as the
existing conditions on the site. No additional filling is
allowed.
17. The approved deck is to extend no more than eight (8) feet
from the side of the house, this includes but is not limited
to all seats, benches, railings, etc.
18. The existing shed is allowed to be relocated as shown on the
final plans, demolition of the shed is not allowed. All
materials that may remain after removal, i.e. bricks, cement
blocks, wood, construction debris, etc., are to be removed
and disposed in an upland area.
19. Materials excavated for the foundation of the shed are to be
deposited on the upland side of the proposed shed location,
be at least 50 feet from the Coastal Bank, and have a
siltation fence staked close to the pile on the wetland side
to prevent siltation of the resource.
20. While the proposed septic system design would allow a greater
number, the existing dwelling is to be limited to two
bedrooms. No expansion is allowed under this Order and this
Condition does not end with the issuance of an Certificate of
Compliance.
21. The proposed flagstone walk is to be installed by hand at the
existing gl-ade.
22. To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer is prohibited.
23. Downspouts are prohibited to drain on the harbor side of the
existing cottage and the re-Iocated shed to prevent erosion
of the bank.
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 22
24. No coastal engineering structure of any kind shall be
permitted on the property in the future to protect the
project allowed by this Order. Section 310 CMR 10.30 (3) of
the Wetlands Regulations, promulgated under MGL Chapter 131,
Section 40, requires that no coastal engineering structure,
such as bulkhead, revetment, or seawall, shall be permitted
on an eroding bank at any time in the future to protect the
project allowed by this Order of Conditions.
WAIVER UNDER THE NANTUCKET WETLANDS BYLAW:
The Commission hereby grants the applicant two waivers from
Section 2.05(B)(5) of the Wetlands Protection Regulations of the
Town of Nantucket, under the Wetlands Bylaw (Chapter 136). This
section requires projects which are not water-dependent to
maintain at least a 25-foot natural undisturbed area adjacent to
a coastal bank. The same section requires all structures which
are not water-dependent to be at least 50 feet from a coastal
bank. Therefore, this section would apply to the proposed deck
and the relocation site of the shed as shown on the final
approved plan. However, there has been a clear and convincing
showing by the applicant that there are no reasonable conditions
or alternatives that would allow the project to proceed in
compliance with the regulations and that the deck a;d shed
location will, as conditioned above, result in an improvement
over the existing conditions and no adverse effect upon any of
the interests protected by the Bylaw. Therefore, these waiver~
are granted under the authority of Sections 1.03(F)(1) and
1.03(F)(2)(a) and (d) of the Wetlands Protection Regulations.
###
d. Harris - 19 Baltimore Street - SE48-622 (85-88)
Present for the applicant was Glen Wills.
Mr. Wills clarifies that the siltation fence can be moved
to allow the pumping and filling of the old septic tank. He
adds that this is proposed to be done first. He explains the
problems that the applicant is having in receiving a DEP
permit for the septic replacement.
MOTION: To issue as drafted with the discussed
clarification was made and seconded.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 23
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
Edward and Jacquline Harris
DEP FILE NUMBER SE48 - 622
ASSESSOR'S MAP 85, PARCEL 88
19 Baltimore Street
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
3. Pursuant to General Condition Number 8, this Order of
Conditions must be registered in the Registry of Deeds for
Nantucket, prior to commencement of any work approved in this
Order.
4.
Prior to any activity at the site, a siltation fence and a
line of haybales shall be staked as shown on the final
approved plans. After the fence and 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 erosion, filling, etc.
into 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.
-'
5. 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.
Town of Nantucket
Conservation Comn1ission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 24
6. 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.
7.
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.
~
8. This document shall be included in all construction contracts
and subcontracts dealing with the work proposed and shall
supersede other contract requirements.
9. 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.
10. Dust control, if required, shall be limited to water. No
salts or other wetting agents shall be used.
11. 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.
12. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
13. Natural vegetation between the wetland edge and the project
site shall be left intact except where it is necessary to
temporarily use this area. After construction, any disturbed
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, M assachuseIts 02554
Meeting Minutes for November 8, 1990 Page 25
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. The top of the replacement foundation is to be at 10.1
elevation or one block above existing grade whichever is
lower.
16. Prior to commencement of work approved by this Order, a plan
showing the final approved septic design and location shall
be submitted to the Commission.
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.
###
WAIVER UNDER THE NANTUCKET WETLANDS BYLAW:
The Commission hereby grants the applicant a waiver from Section
2.05(B)(6) of the Wetlands Protection Regulations of the Town of
Nantucket, under the Wetlands Bylaw (Chapter 136). This section
requires septic leach facilities to be at least 100 feet,
measured horizontally, from the spring high tide line. Therefore,
this section would apply to the proposed location of the septic
leach trenches. However, there has been a clear and convincing
showing by the applicant that there are no reasonable conditions
or alternatives that would allow the project to proceed in
compliance with the regulations and that the proposed septic
replacement will, as conditioned above, be an improvement of the
existing conditions and therefore have an reduced adverse effect
upon any of the interests protected by the Bylaw. Therefore,
these waivers are granted under the authority of Sections
1.03(F)(1) and 1.03(F)(2)(a} and Cd) of the Wetlands Protection
Regulations.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 26
e. Baker - Madaket Road - SE48-623 (59.4-119.1)
Present was Glen Wills of Nantucket Surveyors.
MOTION: To issue as drafted was made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
Robert Baker
DEP FILE NUMBER SE48 - 623
ASSESSOR'S MAP 59.4, PARCEL 119.1
238 Madaket Road
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
3. Pursuant to General Condition Number 8, this Order of
Conditions must be registered in the Registry ~f Deeds for
Nantucket and proof of recording shall be submitted to the
Commission, prior to commencement of any work approved ln
this Order.
4. Prior to any activity at the site, a siltation fence or a
line of haybales shall be staked as shown in the final
approved plans, approximately 30 feet from edge of the
established wetlands boundary, 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.
5. 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
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 27
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.
6. 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.
7. 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.
8. This document shall be included in all construction contracts
and subcontracts dealing with the work proposed and shall
supersede other contract requirements.
9. 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.
10. 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 November 8, 1990 Page 28
11. Any refuse material found on the site shall be disposed of
an approved landfill and in no case may these materials be
buried or disposed of in or near a wetland.
12. This Order of Conditions shall apply to any successor in
interest or successor In control of the property.
13. In all cases, no part of any structure, including decks, may
be closer than 50 feet from the edge of the wetland. No
waivers of this Condition will be allowed in the future.
14. Natural vegetation between the wetland edge and the siltation
fence or hay bale line shall be left intact. After
construction, any disturbed area within this buffer area
shall be replanted with native plants. Landscaping
(plantings, lawns, etc.) will be limited to the upland side
of the siltation fence. There must be at least 30-foot
undisturbed buffer zone on the upland side of the wetland
boundary.
0,
15. To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer more than 15 feet from the house 15
prohibited.
16. The approved wetland boundary is shown on the final plans as
"Rev. edge of wetland 10/15/90".
17. The existing vegetation on the wetland side of the siltati9~
fence shall be allowed to grow back and be left undisturbed
in the future. No further brushcutting is allowed in the
future in this area.
18. Prior to the commencement of construction, the applicant
shall submit to the Commission, the approved building
footprint and the plan should include but not be limited to
all decks, stairs, overhangs and the outline of the
foundation.
###
f. Dumetella Realty Trust -Medouie Creek - SE48-619 (20-2)
Present for the applicant was Arthur Reade, counsel and
Bob Emack of Nantucket Surveyors.
# 13
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 29
Mr. Reade clarifies the wording by changing to "within 15
feet of the building".
# new
Mr. Perry suggests that a Condition concerning limiting
outside lighting to the parking area in the front of the
house and around the decks. He adds that this is a result of
the neighboring house that has spot lights into the trees
because this was not addresses in their Order. He adds that
the lighting should be attached to the house.
Mr. Reade asks how this is a Conservation Commission lssue
and not one for the HDC.
Mr. Perry responds that it would protect wildlife and
their habitat.
Mr. Reade comments that the applicant will be coming in
with the actual building footprint when it is designed and
can address these concerns at this time.
MOTION: To issue the Order as amended and discussed was
made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
Dumetella Realty Trust
Arthur Reade, Trustee
DEP FILE NUMBER SE48 - 619
ASSESSOR'S MAP 20, PARCEL 2
24 Medouie Creek Road
UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT
( MGL CHAPTER 131, SECTION 40 )
AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET
( CHAPTER 136 )
3. Pursuant to General Condition Number 8, this Order of
Conditions must be registered in the Registry of Deeds for
Nantucket and proof of recording shall be submitted to the
Commission, prior to commencement of any work approved in
this Order.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 30
4. Prior to any activity at the site, a siltation fence and a
line of haybales shall be staked along the a line that is 15
feet from the approved building footprint. 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 and 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.
5. An as-built plan, signed and stamped by a registered
professional engineer or }and 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.
6. 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.
7. 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
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 31
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.
8. This document shall be included in all construction contracts
and subcontracts dealing with the work proposed and shall
supersede other contract requirements.
9. 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
i s allowed.
10. Dust control, if required, shall be limited to water. No
salts or other wetting agents shall be used.
11. 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.
12. This Order of Conditions shall apply to any successor in
interest or successor in control of the property.
13. Prior to any further work on the lot, the applicant shall
submit to the Commission a HDC approved building footprint
for the house and the proposed gazebo and include the
location of any trees greater than three (3) inches in
diameter within 15 feet from the building footprint.
14. The Commission finds that the stand of trees in and adjoining
the wetland and the proposed building site to be significant.
15. Preparation of the lot for sale does not include removing of
trees and grading. While this Condition does not intend to
prohibit removal of some of the trees in the future, the
Commission requires some input in the number and location of
trees that are to be removed. In this light, additional care
should be taken in designing the actual building to limit the
amount of fill around the foundation, the number of trees
that will be removed, lawn and landscaping areas.
16. In all cases, no part of any structure, including decks, may
be clbser than 50 feet to the wetland boundary. No waivers
will be allowed to this condition in the future.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 32
17. Natural vegetation between the wetland edge and outside of
fifteen feet from the actual building foot print shall be
left intact. After construction, any disturbed area within
this buffer area shall be replanted with native plants of the
same size and type as were disturbed.
18. Contrary to the final approved plans the shaded area of
brushcutting up to the 25 foot buffer is not allowed in this
Order. The approved construction plan will show the limits of
clearing, grading and brushcutting.
19. To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer more than 15 feet from the house IS
prohibited.
20. To further limit the disturbance of wildlife, outdoor
lighting shall be limited to the roadside parking area,
entrances, decks, and inside the gazebo. The approved lights
shall be of low intensity and be directed to illuminate the
immediate area of the light.
21. The use of the septic system reserve area is not allowed
under this Order unless further information is presented to
the Commission at a later date describing how and where the
septic tank and trenches are to be connected and probable
impacts on the wetlands from this work is discussed.
###
g. Losey - 57R Polpis Road - SE48-624 (54-24 & 25)
Was not issued due to insufficient time to draft the
Order.
3. CERTIFICATE OF COMPLIANCE
a. Greenleaf - Hulbert Ave. - SE48-395 (29.2.3-6)
Present for the applicant was Arthur Reade.
Mr. Reade states that he needs this compliance to clear up
the title on the property before it is subdivided.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 33
Mr. Perry explains that the COC has not been issued due to
the fact that the vegetation has not been restored.
Mr. Reade responds that the construction part of the Order
was completed a couple of years ago. He suggests that the COC
be issued with an on-going condition that requires replanting
of the affected areas next Spring (1991).
The Commission agrees with the idea as proposed and
suggests that Mr. Reade and the staff work out the wording.
MOTION: Issue the Certificate of Compliance with the
on-going condition as discussed was made and seconded.
UNANIMOUS
b. Wright/Horgan - Medouie Creek - SE48-565 (14-35)
Present for the applicant was Bob Emack.
It
Mr. Emack states that he has requested that the request
for the COC be withdrawn.
Mr. Perry comments that at the inspection there were some
problems with the project. The most important of which was
the there only was 22 Tupelo tress transplanted instead of
the 31 required in the Order.
Mr. Emack states that he does not know where the other
nine have gone.
Dr. Dunwiddie responds that this is what he was worried
about when the applicant proposed to move these trees. He
adds that this reflects that thirty percent of the trees that
were to be planted are now missing. He suggests that the
Commission send a letter to the applicant requesting that the
situation be corrected.
MOTION: To accept the withdrawal of the request for COC
and to send a letter to the applicant to clarify the tree
situation was made and seconded.
UNANIMOUS
c. Annese - Tennessee Ave. - SE48-561 (60.1.2-29,30)
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8~ 1990 Page 34
Present for the applicant was Glen Wills.
Mr. Perry states that he had inspected the property ln the
morning and found it in excellent shape and that the
contractors should be commended for the careful fork
preformed .
MOTION: To issue the Certificate of Compliance as
recommended was made and seconded.
UNANIMOUS
d. Bruce Poor - Chase Lane - SE48-258
(21--118.1)
Mr. Perry explains that he had inspected the property in
the morning and that it was in substantial compliance.
Dr. Dunwiddie comments that the letter from Nantucket
Surveyors states that there was a culvert not installed.
Mr. Perry explains that after looking at the site, it
seems that it was not needed because the drive had filled the
wet area that the culvert was supposed to connect.
MOTION: To issue the Certificate of Compliance as
recommended was made and seconded
Dr. Dunwiddie opposed, all others ln favor.
4. PLANNING BOARD REFERRAL
a. Canapache Nominee Trust - Shawkemo Road
Mr. Perry explains that the proposed subdivision and
comments that if the building envelopes are used as discussed
with Jeff Blackwell during the inspection, then the building
sites will be outside the Commission's jurisdiction.
Dr. Dunwiddie asks if we have received a plan showing the
building envelopes?
Mr. Perry responds no.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 35
Dr. Dunwiddie suggests that the Commission wait on its
recommendation for this plan in order to identify it in the
recommendation letter.
MOTION: To hold off the recommendation until the
Commission receives the requested plan was made and
seconded.
UNAN I I'1DUS
5. OTHER BUSINESS
a. David Jay - Conservation Restriction - Approval
Present for the applicant were Lynn Zimmerman of the
Nantucket Land Council and Melissa Philbrick, counsel.
Both representatives explain the conservation restrictions
for the Commission and add that these restrictions were
required in the Order of Conditions.
There was some discussion concerning what activities that
were allowed and the prohibition of public access to the
property among the Commissioners.
MOTION: To send a letter to the Board of Selectmen In
support of these restrictions and to accept the
re.strictions as l-eflecting the intentions of the
Commission in the Order of Condition restricting the lot
next to the proposed road. Made and seconded.
UNANIMOUS
b. Fisher - Conservation Restriction - Approval
Present was Lynn Zimmerman of the Nantucket Land
Counc i 1 .
Ms .Zimmerman explains that the entire parcel is within
the resource area of a Barrier Beach. The four acres is to be
restricted except for 5000 sq. ft. around the existing house.
The restriction will allow the owner to receive a reduction
in his property taxes and eliminate the potential filings for
new construction on the vacant land.
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 36
MOTION: To send a letter to the Board of Selectmen ln
support of the Conservation Restriction was made and
seconded.
UNANIMOUS
c. Greenberg - Tristram Ave. - SE48-587 (31-3) Minor Mod.
Present for the applicant was John Shugrue.
Mr. Shugrue states that as a result of the new Board of
Health regulations, the location of the septic system must be
moved.
Mr. Perry explains that the new location places the leach
tr~nches within 100 feet of the ditch and wetland. This would
require a waiver from our regulations and therefore amending
the Order of Conditions, he adds which can only be done
through a new public hearing.
MOTION: To deny the request for a minor modification
and send a letter explaining the reasons was made and
seconded.
UNANIMOUS
d. Sesachacha Pond - Superseding Order
Mr. Perry states that the Commission has received the
Superceding Order for the opening of Sesachacha Pond from
the state.
e. Cameron - Shawkemo Road - SE48-605 (27-2) Minor Mod.
Present for the applicant was Les Smith and Lisa
Standley of Daylor Consulting and Ray Pohl of Design
Associates.
Mr. Pohl explains that this request for a minor
modification to demolish the main house has been made to
clear up the problem that has arisen when the building was
demolished during the renovation process. It was a decision
in the field during the last wind storm to keep the structure
from blowing over, he adds.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 8, 1990 Page 37
Mr. Perry states that he had inspected the property and
found some problems. In the Order, the Commission was
supposed to be notified 48 hours before work started and
after the siltation devices were in place. We did not receive
notification and when I inspected the property there were no
siltation devices installed as required.
Dr. Dunwiddie comments that the property looked very
different when he flew over it recently.
Mr. Perry adds that the scale of the work on the main
house is much larger than proposed and even though it is near
the edge of our jurisdiction, the Commission should have been
notified.
There was some more discussion concerning the project and
the violations of the Order of Conditions.
Mr. Pohl states that the contractor, Bruce Killen, is
working to get the siltation devices install as soon as
possible.
MOTION: To accept the demolition as a minor
modification to the Order of Conditions but not to issue
the letter until all the Conditions in the Order have been
followed was made and seconded.
UNANIMOUS
f. Siasconset Sewer Plant - project change
Mr. Perry states that as a result of the erosion near the
Siasconset sewer beds, the Town has decided to abandon the
project. Jeff Willet has contacted the office and stated that
he will come in with a plan to restore the area and replant
the disturbed areas.
6. CORRESPONDENCE
7. MINUTES: for October 18, 1990
Were not approved at this time.
8. BILLS TO BE PAID
9. FIELD INSPECTIONS - Monday, November 26. 1990 at 3:30 PM
The meeting was adjourned at 10:37 PM
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