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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. ~"'llT~CI(~ ~~ ,. ~~.., .~" ~. ';~.l Ot -il/l. t- ..,.- -:' I . , -c:::. /- ...~~.,;.. - i~'1 ~~~~..........t:ll ob;:-.-,.... , 'TrORA1\~~~ ......... 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 ; l l l 1 ; -, g f 0'- t t-I E 0 ( 1 v e ,-J 6. Y . 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 ?~ ~~{~~ ~~ "V " .... .(11" ol.-i(lll t;x~ ~~-r.' ~"_,,",I -....,,'- ~--=--/...'b ~ 0;:-"__' ft.'" 'T',oORA"\~~ .....,...- 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. ~...~TUCIr':~ ~~ . )- .~ f.. \~\ ~l,,:i~i . , -... .1 .X..::-=- ~ -- /.... ~ ~.. ~~ /."- /I -'(>..... ~--=-./"Ib ~ <>.9::-.-..~."",.. "ORA't..._~1# .....,.... 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 ~\ct ~. ~D I l qq D J111--- k0t16~ tw~ "