HomeMy WebLinkAbout1990-11-29
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
MEETING MINUTES FOR NOVEMBER 29. 1990
The meeting was called to order at 7:03 PM in the Large Group
Instruction Room of the Nantucket High School. Commissioners
pre~ent were William Willet, Peter Wilson, Laura Hussey, Dan
Kelliher, Donald Visco, Peter Dunwiddie and Henry Wasierski.
Also present was Bruce Perry, Administrator and Lucia Wyeth,
Secretary.
~ 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)
MOTION: To continue the hearing due to lack of
representation and for additional information was made and
seconded.
UNANIMOUS
3. Santa Rita Trust - Polpis Road - (26-22.4)
Commlssioner Visco abstains from the discussion and the
vote.
Present for the applicant was Jeff Blackwell and Melissa
Philbrick.
Under discussion is a change to additionally set back the
edge of the proposed gravel parking area from the wetland
area and to lower the elevation of the proposed studio/garage
slab.
Mr. Blackwell submits a revised plan of the driveway.
Mr. Perry asked if edging would be added along the gravel
area.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 2
Mr. Blackwell responded that he did not want to obstruct
water flow but suggested that a post and rail fence could be
used.
Mr. Perry questioned amount of upland from lot size of
100,000 sq. ft. and if moving the garage from the bottom to
the top, changing the house site and the driveway location in
the original NOI was prevent the root system of large trees
from being disturbed.
Mr. Wasierski reviews the minutes from the original NOI.
Counsel Melissa Philbrick of Vaughan, Dale & Philbrick
added that the driveway was already there, hardener had been
installed and it had already been working and serviceable.
The driveway came in as a modification. In June, the
driveway was in place and to make a change didn't make sense.
She also commented that there was nothing in the proposal
that needed a waiver.
Mr. Blackwell responded that the realigned proposed
driveway is per the request to maintain the driveway in the
existing cleared area, thus avoiding additiQnal disturbance
of vegetated upland portions of the site.
Mr. Perry noted that original additional conditions for
the pl-oper ty s ta ted that the dr i veway cou ld be no wider tha'n
12' and that all other vegetation was to be allowed to grow
back.
Counsel Philbrick stated she could find nothing in the
minutes that reflected that discussion. She did find a draft
order which stated that there could be no tennis court,
swimming pool, dwelling, shed, garage or any other structure.
That another waiver would have to be requested for a garage.
The Commission asked if the garage was not part of the
building envelope.
Mr. Blackwell responded that there was no room left In
the building envelope. The house was already there, the
foundation in and the deck is on. He adds that the location
of the garage is where the driveway was originally proposed.
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 3
Mr. Wasierski disagreed commenting that it was to be left
natural, to cut nothing. Now it was totally different,
b r us h c iJ tan d. the a p p lie ant wan t s to b u i ] don it.
Mr. Wasierski reads from paper dated December 1, 1988
which discussed building envelopes and quoted Miss Philbrick
as statIng all structures including garages would be
completely inside building envelopes.
Mr. Blackwell said changing the driveway location was
done at our.suggestion as a mInor modification.
Commission responded "because you'd already done it where
you wanted it."
Mrs. Philbrick counters:
away from the wetlands where
it was actually running."
"it also happened to be further
we proposed to put it and where
Commission:
"but it was already in."
Mr. Blackwell: "When the original exploratory brush
cutting was done we tried to stick to a middle ground and
stay on top of the hill and away from the wetland as much as
possible. This is probably the biggest reason that the
dr i veway ended up ~\lhere it was."
Mr. Wasierski reviews notes of meeting January 5, 1989
find discussion about of three potential building sites on
the lot and how each affected the scenic view; also
possibility of a second dwelling. At the time Peter
Dunwiddie found difficulty in bypassing two other building
sites in favor of the third one closer to the wetlands. Tre
house was build into the hill at the alternative site. He
comments that's how he thought we got into this of moving the
driveway and keeping that place as it was.
Mr. Blackwell responds that was dealt with at a separate
time; the driveway revision came later.
Commission agreed.
Mr. Perry states what defines additional dwelling units
according to the Town building code.
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 4
Mr. Wasierski reads from the minutes noted that other
dwellings was discussed January 19th and Miss Philbrick said
that the linkage was sufficiently large enough to allow for
second dwellings and that the change applied to all five
lots.
Counsel Philbrick commented that on the old order lot 24
was specifically prohibited from adding a second dwelling but
that all other lots had the potential of a second dwelling.
The height of the proposed structure was discussed.
Counsel Philbrick stated'it was one story from the top of
the hill.
Applicant added that it was one story and a roof.
Mr. Perry asked if they wanted to limit the height to 24'
In the order and referred to this limitation in the original
Order.
Mr. Blackwell suggested that the plans should be
presented to the committee to ascertain the height.
Committee asked if grading would be done behind the
building; would prefer the building be set back.
Mr. Blackwell responded no grading would be done to allbw
drainage.
MOTION: To continue the hearing for additional plans was
made and seconded.
UNANIMOUS
4. Doucette - 18 Grove Lane - SE48-601 (41-441)
MOTION: To continue the hearing at the request of the
applicant was made and seconded.
UNANIMOUS
5. Old North Wharf (Nautilus) - SE48-629 (42.3.1-225)
Town of Nantucket
Conservation Commission
(508) 228-1 LJO
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 5
Present for the applicant was Ed Sanford and Melissa
Philbrick, counsel.
Mr. Sanford stated that the renovations for the proposed
bulkhead behind the existing wood bulkhead were to be sheet
steel instead of concrete. The existing timber deck is to be
taken out, the sheet steel put behind it and the new timber
deck added. Also, adding a roof to an existing deck area and
adding an additional 535 sq. ft., increasing the size of the
house.
Counsel Philbrick noted that the structure was non-marine
dependent. As proposed there is no impact. Presented a
letter responding to the interests that are protected in each
resource area. Demonstrated that it could not be done any
other way. Basically this project is an expansion and
renovation of an existing structure in preparation to live
therE. It will not affect flood control, storm damage,
wildlife. It is a small project and is not adding uses or
residences.
Mr. Perry states that the project could go forward
without a waiver if the additional footprint was not added.
It is the expansion of the building that requires three
waivers.
Mrs. Philbrick reviews the waiver regulations and
reiterates that the project is not going to have any adVErse
impact on interests protected in the regulations then the
addition should be allowed.
The Commission commEnted
project should go forward.
that if there was no impact~
There was no need to modify.
the
MOTION: To close the project and draft an Order of
Conditions was made and seconded.
UNANIMOUS
6. Doubleday - Easton Street - SE48-625 (42.1.4-14,15)
Closed.
This project was listed in error.
*
7.
Lamb - 105 Wauwinet Road - SE48-633 (12-40.1)
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 PagE 6
Present for the applicant was Jane Lamb and John Shugrue.
The Inspection Report ~as rEad by Mr. Willet.
Mr. Shugrue submits a plan and points out the internal
layout of the proposed water supply which consisted of 2'
storage tanks holding 60 gallons each. The proposed building
is 14' high and he hopes to have it classified as a shed by
the HOC.
Commission asked what was its purpose.
Mr. Shugrue responded that-it was to get out from under
the DPU regulations well water systems. It will service 24
existing dwellings. Current State law allows this though any
new dwelling must have a well on the property. This replaces
attachment to the old system across the street which is owned
by the hotel. The neighbors have decided they want their own
water supply independent of the hotel, he adds.
Dr. Dunwiddie states that the DPU regulations are there
for a purpose and comments the lot was small to house a water
supply for that many houses.
Mr. Shugrue responded that there is more protection on
this lot than the existing system and will result in a large
improvement of the cond i-ti ons.
Nelson Jones commented that this lot is available and is
an improvement.
Commission asked if they had done any calculations on
projected pumping and if it was going to extend beyond the
lot line.
Mr. Shugrue responded they hadn't done any calculations
but it was coming out of the same aquifer as the other
system.
Dr~ Dunwiddie expressed concern that future development
might be impacted by the well. Also how would it affect
future construction on the barrier beach.
Mr. Shugrue questioned that concern and further said new
construction would fall under the state law requiring a well
Town of Nantucket
. Conservation Commission
(508) 228-1 L3u
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 PagE 7
on the lot.
Mr. Perry asked if the hotel loses 24 houses can they
serVIce 24 new dwellings on the same aquifer?
Represent i ng Ml-.
who stated the hotel
Carp from the Wauwinet was Russ Cleaver
is in favor of the plan.
Cheryl Creighton expressed a concern on how it would
affect the area and asked if permits might not be required
for both Public and Private resource areas.
Mr. Perry raised the question of what fee should be
charged since it was in two different resource areas: $250
per lot from Category 2. He adds that the fee should be more
like the $55 septic fee per barrier lot and one $250 fee for
the pump house and 2 wells.
Mr. Shugrue did not feel the $55 fee should be charged
even in the barrier beach as it is an improvement. Suggests
a $250 fee for the whole project.
Mr. Perry suggested the charge be $55 for each house (24)
as there is some confusion as to how many lots are there.
Mr. Visco comments that this is a repair and replacement
of an existing utility line that enjoys an exemption.
Mr. Perry argued that it was in fact an expansion.
Mr. Visco responds that it was not an expansion of a
substantial nature; substantial would be more than 50%. They
were serving the same number of houses and doing a public
service.
Question of the frost line was raised.
Mr. Visco comments that beach sand does not freeze and
common depth to lay a line in the area was 2'. Also, as
these houses were seasonal the lines are just under the
surface because they are all pitched and drained back in the
winter, he adds.
Mr. Kelliher comments that this is a private utility and
asked if there was any provision for fire protection.
Town of Nantucket
Conservation Commission
(508) ':::":.3,;;':;'.1
6 Chestnut Street
Nantucket, Massachusetts 02554
, Meeting Minutes for November 29, 1990 Page 8
Mr. Shugrue responds was that the fire department will
draft from the ocean if they need the water.
Dr. Dunwiddie asked for assurance as to where the water
was coming from, its quantity and quality.
Mr. Shugrue responded that until he got permission he
could not dig a well and therefore any comment would be pure
conjectul-e.
Dr. Dunwiddie responded he didn't know how we could issue
a permit without more information. Relatively lesser
projects normally require engineering drawings by certified
engineers. This is a water supply for 24 houses and we
should know where the water is coming from.
Discussion on quantity/quality of water in the aquifer
and that additional information was in fact available. Also,
need to find out where the recharge area is located.
Comment that under the new Board of Health regulation
these facts would be required.
Mr. Shugrue agreed that mor-e information was requil-ed fOl-
the Board of Health but that first the well had to be dug.
Commission said that when this was discussed last summer
we were going to dig the well to get that information.
Mr. Shugrue responded that drilling a preliminary 2" well
before drilling the 8" well would run the job up to make it
economically unfeasible. He agreed to research for
additional information.
MOTION: To continue for additional information was made
and seconded.
UNANIMOUS
*
8.
Briskman - 2 Long Pond Drive - SE48-631 (59-28)
Commissioners Visco and Willet abstain from the
discussion and any vote.
Town of Nantucket
Conservation Commission
(508) 228- 12050
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 9
Present for the applicant was Glen Wills, Nantucket
Surveyors.
Mr. Wasierski reads the Field Inspection report.
The recommendation is that the wetland boundary be moved.
Mr. Wills presented a copy of a draft of the DEP wetland
line policy statement. He discussed size of the house
relative to the view, the bike path and the disturbance of
wetland. The building envelope sets the house back from the
bike path 6' and he proposes to set plantings along the line.
Mr. Wills reviewed the state's requirement that the zone
of saturated soi I not be ,'\Iithin 20" of the surface relative
to the sweet pepper bushes. In the original project as
proposed the wetland line was appealed by DEQE and this lot
was broken out but was still part of the original appeal and
delineation. The new wetland line changes by about 18-20'
from the original DEP line. Resulting constrictions include
boundary, Long Pond Drive setbacks and zoning replacement and
the bicycle path easement relative to their ability to put a
building on the lot. They have a current permit for the
septic system from Richard Ray and are looking at a possible
redesign if the wetland line is moved 6 or 8'. By varying
the width and depth of the trench may be able to get a system
on the lot that still meets the minimum 50' setback. By
moving it 6' can put the primary trench closer to the bike
path and get a life expectancy of 15 to 20 years. If that
were to fail, Richard Ray would be more inclined to just dig
up the back soils which are non-porus and replace. That
would give them about 56' or 57' so that is still possible.
He continues the next problem is the set backs for the
house. Cannot meet 50' building setback. Have requested a
waiver from that. The building envelope as shown is about
1675 sq. ft. without any decks except for entrance steps on
the side of the driveway. Front of the house will have to
face Long Pond. As far as the dwelling is concerned, the
sweet pepper bush is not disturbed. If the line is moved the
house will be pushed back 6-8' and may go into the low bush
blueberry but this diminishes the house to about 20' wide and
50' long which is more like a chicken-coop style house.
Town of Nantucket
Conservation Commission
(508) 22(;- / nu
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 10
Commission asked the current proposed width.
Mr. Wllls responded that the widest point was about 30';
total was about 1670'. The scenic views he felt weren't as
important. The only position at which you see any of Long
Pond was from Madaket Road heading back towards town as you
come over the little crest.
Mr. Perry disagrees commenting that the proposed location
would be in the middle of what is presently a large expansive
view and that the house would be visible for a long distance.
Mr. Wills responded that the original plan for the house
totally obstructed what little view there was. He had a
feeling the building would be limited in height, probably not
more than 25', due to the proximity of the bike path.
Commission asked about the size of the house.
Mr. Wills responded that the house would be similar in
scale to the rest of the houses in the area which were large.
The owner would like a deck that looks out at the pond but as
this would take away some of the area of the building
envelope, he has gone to an architect to see what can be
done, but he is I' from the edge of the easement for the
bikepath. Plantings would be put along the edge to add a
buffer since there will be no access from the house on that
side. The access would have to be in the front yard set
back.
Commission asked if the lot was subject to Planning Board
approval for reverse access.
Mr. Wills verified but added the house had to face that
way also.
Commission comments that the location of the house lS
closer to the bike path than any other house.
Mr. Perry proposes possibility of setting the house back
corner to resolve all three issues. As is would also reduce
the impact of the people who live there.
Counsel Philbrick raised the issue of the ZBA variance.
Town of Nantucket
Conservation Commission
(508) 228-7.du
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 11
She adds that there are limitations as to the amount of
setback reductions allowed due to safety considerations and
there Wl]] still be constraints placed on the house due to
the wetland boundary location.
Dr. Dunwiddie comments that the Commission did not have
the opportunity to review the entire boundary due to the lack
of light and suggests that it be placed on the field
inspections for December 10.
Commission feels proposed house location is offensive to
both the people living in the house and those on the bike
path.
Mr. Wasierski asked why the house was moved from the
original building envelope site to this site.
Mr. Wills responded the revised wetland line in that
portion we are trying to work with is 30' further away from
the wetland line that DEP said was allowed in 1985. He
mentioned the possibility of moving the dwelling further down
and using a pump for the septic system.
Mr. Wasierski suggested that perhaps each board could
compromise in order to find a better site for the house.
Mr. Wills comments that the delineation would be the key
because if the wetland edge follows through elevation and
dips back down, then the wetland line could be perhaps pushed
back further than what it now is.
MOTION: To continue the hearing after the site had been
re-evaluated in the daylight, a revised house location and
the wetland flagging moved was made and seconded.
Abstain: 2
In Favor: 5
*
9.
Johnson - 34 Easton Street - SE48-634 (421.4-18)
Present for the applicant was John Shugrue.
Representing abutters was Marianne Hanley.
Smith of Daylor Consulting.
Also Les
'r
Town of Nantucket
Conservation Commission
(508) 2.26 72JU
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 12
John Shugrue stated that the need was to make access to
the houseboat easier and that the PVC pipe and the pumpout
were already in place.
Mr. Wasierski asks if the pipe and pumpout were part of
the original Chapter 91 license?
Dr. Dunwiddie reads a letter from an abutter.
Mr. Shugrue explains that proposal.
Marianne Hanley presented photographs and comments
expressing concerns of the abutters, including a letter from
Robert Horner.
Dr. Peter Dunwiddie suggested the abutters be sent copIes
of the plans.
Ms. Hanley agreed to send copies of the plan to the
abutters.
Les Smith, representing abutters asked if the houseboat
was establishing a residential unit on the water and he
advised that possible pollution of the harbor needed to be
considered. He comments that a 60' long floating dock was
rather substantial structure for a residential pier and asked
why it was necessary. Suggested that it affected the wetland
scenic view. Asked if it was to be pulled out seasonally and
whether it was engineered for waves. Asked if there was a
need for a private pump-out on a residential pier. Stated
the Commission and the abutters needed more information.
John Shugrue stated the pump-out is for convenience and
will benefit the harbor. It is not the intent to establish
permanent residency.
Les Smith asked what guarantee we had that more boats
wouldn't be tied up there and why the proposed float was so
long.
John Shugrue responded that the length was ease of access
and encompassed the length of the houseboat for safety
reasons. A ramp could be used whereas before a ladder was
used.
Town of Nantucket
Conservation Commission
(508; 222 7:23(,
6 Chestnut Street
Nantucket, Massachusetts 02554
fv"\eeting Minutes fOl- November 29, 1990 Page 13
Cheryl Creighton (Harbor Planning Committee) commented
that the mooring field density on Easton Street was a
concern.
John Shugrue commented the area is already being used by
the applicant and is marked off with pilings. He adds that in
the future it will restrict the size of future boats using
the area due to the four foot reduction in the width of the
area.
Les Smith questioned plpe, draining, use of chemicals.
Mr. Shugrue states that the pipe lS setup so that it can
be drained out when not in use.
Marian Hanley raised neighbors' concern that a number of
boats were being docked on the pier apparently commercially.
MOTION: To continue the hearing after abutters had been
sent additional information was made and seconded.
In favor: Wilson, Wasierski,
Dunwiddie, Wi llet, Kelliher, Hussey
Abstain: Visco
* 10. Fischer - 155 Wauwinet Road - SE48-632 (11-1)
Mr. Visco abstains from the discussion and any vote.
Present for the applicant was John Shugrue,
Mr. Shugrue states that this is the second to last house
on the beach, next to Sisk, and that the proposal is to
replace the failed septic system. He adds that there is six
feet below the trenches to groundwater.
MOTION: To close the hearing and draft an Order of
Conditions was made and seconded.
UNANIMOUS
11.Tristram's Long Pond Owners Association
SE48-597 (59&60)
Mr. Perry comments that this hearing had been continued
until this meeting. He adds that he had talked with their
Town of Nantucket
Conservation Commission
(SOlS) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 14
agent and they are working with DEP and the Mass. Heritage to
change the project so that it could be approved.
MOTION: To continue the hearing until the January 31,
1991 meeting was made and seconded.
UNANIMOUS
c. REGULAR MEETING
1. REQUEST FOR DETERMINATION
a. Nantucket Electric - Wauwinet Road - bury electric
lines
Present for applicant was Dave Fredricks.
Mr. Fredricks stated a back-hoe would be used in places
but they were going to hand dig as much as possible. Because
previous conduit work had been done he didn't believe they
would impact that particular section as far as grass was
concerned.
Commission asked how close to the water table they would
be digging.
Mr. Fredericks said he didn't believe that would be
touched, that the water table was 4'and they were digging
30" .
Commission asked where the transformers were being
placed.
Mr. Fredericks stated there was a concern by several
owners in the location and magnetic waves but that it had
been staked out this summer and everyone was given an
opportunity to comment.
MOTION: Within the resource area but will not alter. To
issue a negative Determination of Applicability was made and
seconded.
UNAN I f10US
*
b. Emery - 46 Tennessee Avenue - add dormer
Town of Nantucket
Conservation Commission
(SOls) ,L2...,- I L.H./
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 15
Ml-. Perry presented photos of his inspection. Asked fOI-
his recommelldation responded that he saw no problem.
Mr. Wasierski asks if a snow fence was needed at the back
of the house to limit the work area and control debris.
Mr. Perry responded it was not necessary and that the
tall brush comes right up to the front of the house.
Commission asked if the abutters were present.
Mr. Perry commented that he has an Order of Conditions
that has expired without a Certificate of Compliance and the
applicant needs to come in and clear it up.
MOTION: To issue a negative Determination of
Applicability (subject to but will not alter) was made and
seconded.
UNANIMOUS
* c. Rauch - 81 Baxter Road - 224 SF addition
Present for the applicant was Norm Chaleki.
The inspection report was read by Mr. Willet.
MOTION: To issue a negative Determination of
Applicability (subject to the wetlands protection act but
will not alter)and that a snow fence be erected approximately
20 feet from the construction site was made and seconded.
UNANIMOUS
* d. Rauch - 84 Baxter Road - 2 single story additions & wood
deck
Present for the applicant was Norm Chaleki.
The inspection report was ready by Mr. Willet which
recommended a patio or an 8' deck.
Mr. Chaleki reviewed the proposed plans.
Agreed to the
Town of Nantucket
Conservation Commission
(508) 2L.8-72jv
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 16
8' deck which would confine it to the existing 40' line.
M,. P e ,- ,- y poi n t e d 0 uta n a r- e a i nth e p hot 0 t h d t COli f: a i 11 e d
7 high bush blueberry and the edge of the wetland boundary.
Mr. Wasierski comments that there was a problem with this
2 or 3 years ago and that it was approved.
MOTION: To continue until the old file has been found
was made and seconded.
UNANIMOUS
2. ORDER OF CONDITIONS
a. Losey - 57R Polpis Road - SE48-624 (54-24 & 25)
Commissioner Willet abstains from the discussion and
vote.
PrEsent for the applicant was Glen Wills
Mr. Wills commented that he felt a little more
comfortable explaining # 17 to contractors with the new
wording stating that the finished driveway surface would 02
no more than 10'. I t had been discussed tha t they wou I d
probably be disturbing more than the 10' width to get the
modular house into the building site.
Mr. Perry stated that during the hearings the applicant
said he wanted to protect all the trees and keep screening
between neighbors.
Mr. Wasierski asked if the module would be In two pleces.
Mr. Wills said the clearance required for each module is
about 14' which would require 2' on either side of a 10'
drive; the house is about 26 or 28'. Wants to make it clear
the finished driveway is 10' and the clearing not to exceed
14'
Commission asked what vegetation and soil existed.
Town of Nantucket
Conservation Commission
(508) 222 T.:..ov
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 17
Mr. Wills responded that it was cedar and some scrub pine
but that the driveway location would miss most of the trees.
Cedar is r-eadj 1,/ 1-emovable. Soi 1 is red clay.
Bruce Perry suggested width of driveway be changed to 14'
to include 2' on each side.
MOTION: To issue Order of Conditions with noted change
was made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
Pamela Losey
DEP FILE NUMBER SE48 - 624
ASSESSOR'S MAP 54, PARCEL 24 & 25
57 R Polpis 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 ln
this Order.
4. Prior to any activity at the site, a siltation fence and a
line of haybales shall be staked approximately 40 feet the
upland of the established wetlands boundary. 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
Town of Nantucket
Conservation Commission
(508) 222
7"1"
.____L.
6 Chestnut Street
Nantucket, Massachusetts 02554
Meetlng Minutes for November 29, 1990 Page 18
Massachusetts, shall be submitted to the Commission at the
same time as a written request for a Certificate of
Compliance and she,}] specify how, if at all, the completed
plan dlffers from tne i Inal 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 thetr 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; 1.:3
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 19
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. In all cases, no part of any structure, including decks, may
be closer than 50 feet from wetland boundary. This
requirement takes precedence over the plans.
14. Natural vegetation between the wetland edge and the project
site shall be left intact. There must be a 35-foot
undisturbed buffer zone on the upland side of the wetland
boundary.
15. To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer more than 15 feet from the house IS
prohibited.
16. The final approved plan is titled "Topographic Plan of Land
in Nantucket, Massachusetts", dated October 20, 1990 and
received by the Commission on October 22, 1990.
17. To protect the stand of trees and provide wildlife habitat,
the driveway width shall be limited to ten feet as discussed
during the hearings and the limit of clearing for the
driveway shall be limited to fourteen feet in width.
###
b. Cahill - Easton Street - SE48-627 (42.1.4-16)
Mr. Perry asked that the comment to "any wood being
used" be expanded to add "recycled plastic may be used."
MOTION: To issue Order of Conditions with noted change
was made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
Anthony B. Cahill
DEP FILE NUMBER SE48 - 627
ASSESSOR'S MAP 42.1.4, PARCEL 16
",~~TUCIr:t\
~~ ,..
... .'So
t.~\~\
~i,,_ ~:Wi
.\'~/:I
~.. ~~IJ{"1
~~~..........~"
Ol9h...._;,Q. ,
rORA1... ....<lI
.....'"
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 20
30 Easton 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 and proof of recording shall be submitted to thp
Commission, prior to commencement of any work approved In
this Order.
4. Prior to any activity at the site, a floating boom as shown
on the plans shall be placed in the water to contain floating
debris. After the floating boom is 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 alJ
siltation devices. It shall remain in good repair during all
phases of construction, and it shall not be removed until the
site has been and 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 01
Massachusetts, shall be submitted to the Commissi~n 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 structurE~
and their composition; limits of fill or alteration; loca~ion
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 ~remises 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 29, 1990 Page 21
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 any on-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. Any refuse material found on the site shall be disposed of dL
an approved landfill and in no case may these materials be
buried or disposed of in or near a wetland.
11. This Order of Conditions shall apply to any successor In
interest or successor In control of the property.
12. To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer more than 15 feet from the house IS
prohibited.
13. The new bulkhead and all coverings shall be no more than two
(2) feet seaward of the existing bulkhead at its furthest
point.
14. All wood used shall be treated with a non-leaching
preservative such as CCA. No paint, creosote, or
pentachlorophenol is allowed. In addition, allowed materials
for bulkhead include the use of new "plastic wood".
15. As discussed in the hearings and field inspection to reduce
the impacts on the harbor, the applicant will attempt to
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 22
cOQl-dinate the replacement of this bulkhead with the abuttEI-
to the west so that they can be replaced at the same time.
###
c. Taylor - Hulbert Ave. - SE48-626 (29-10)
Present for the applicant was Les Smith.
Mr. Smith noted that per Commission request was moved
closer per the change in the zoning by-law. Previously the
deck ~as in the westerly section, now it is in front. Now
the whole structure plus the decks are back behind the 50'.
Also, the boardwalk has been eliminated.
Mr. Perry requests that instead of changing #16 to
identify this plan, the Order be issued and add this as a
minor modification via letter.
Motion:
seconded.
To issue as minor modification was moved and
UNANIMOUS
Mr. Smith recommended in the draft order #15 to read
"only slow release fertilizer applied once per year is
permitted on lawn areas within the buffer zone." Requested
the modification be done by letter. The lawn area involved
is behind the 50' area wetland setback and there is a large
buffer between it and the harbor.
Commission questioned location of the flower gardens and
if they wouldn't also be fertilized. Also, how it would
affect beach grass. The suggestion was made that the timber
r~taining wall be the limit of the fertilization.
Mr. Smith also brought up Peter Wilson's question about
break-away walls. Said he had information on constructing
slab walls that would break away and that the intention was
to have a slab with break-away stud walls.
MOTION: To issue Order of Conditions with noted changes
was made and seconded.
UNANIMOUS
Town of Nantucket
Conservation Commission
(508) 228-l.dv
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 27, 1990 Page 23
ADDITIONAL SPECIAL CONDITIONS
Thomas and Linda Taylor
DEP FILE NUMBER SE48 - 626
ASSESSOR'S MAP 29, PARCEL 10
61 Hulbert Ave
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 R~gistry of Deeds for
Nantucket and proof of recording shall be submitted to the
Commission, prior to commencement of any work approved 1n
this Order.
4. Prior to any activity at the site, a snow fence shall be
staked along the upland edge of the 25 foot undisturbed
buffer to the wetlands boundary, or at a higher elevation as
shown on the final approved plans. (For coastal banks: staked
between the project site and the top of the bank, at least 25
feet from the top of the bank.) After the fence is
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 is erected to prevent windblown litter from
entering the wetland (the beach and harbor) 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 arc
stabilized and revegetated or until permission to remove it
15 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
Town of Nantucket
Conservation Commission
(508) 228-723U
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 24
and their composition; limits of fill or alteration; location
of all structures and pavement within 100 feet of wetland;
the peDe 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). ~he 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.
Town of Nantucket
Conservation Commission
(508) no ~__N
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 25
13. In all cases, no part of any structure, including decks, may
be closer than 50 feet from the top of the bank. This
r e C1 U 1 ~ - ':? ". E~ n t t a k e s pre c:: e den ceo v e r the p I an s .
14. Natural vegetation between the 25 foot buffer to the wetland
and the project site shall be left intact. There must be at
least a 25-foot undisturbed buffer zone on the upland side of
the wetland boundary.
15. To minimize adverse effects on wildlife, the use of any
pesticide or fertilizer seaward of the "Wolmanized timber
retaining wall" as identified on the final approved plan is
prohibited. The fertilizer used in this area shall be limited
to slow release nitrogen type.
16. As a result of the 1990 Special Town Meeting, the requirement
of the 12 foot structure offset has been removed as a zoning
requirement. The main house and the proposed garage may, as a
requirement of the HOC, be moved closer to each other. The
applicant shall move the structure as far away from the
resource as allowed by the Town's HOC. A plan showing the
change(s), shall be submitted to the Commission prior to the
commencement of work.
17. The final approved plan is titled" Taylor Residential
Impt-ovements ", dated October 28, 1990, revised Novembel-
11, 1990 and received by the Commission on November 8,
1990.
18. 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.
###
d. Scott - 11 E. Hallowell Lane - SE48-628 (30-17)
Mr. Perry noted that the agent John Shugrue requested
change to add use of plastic in the bulkhead instead of wood.
Town of Nantucket
Conservation Commission
(508) 228- -,2.)11
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 26
Also, he will be submittIng a new Notice of Intent to do the
same thing for a neighbor.
MOTION: To issue Order of Conditions with noted Change
was made and seconded.
UNANIMOUS
ADDITIONAL SPECIAL CONDITIONS
Helen Elliot Scott
DEP FILE NUMBER SE48 -628
ASSESSOR'S MAP 30, PARCEL 17
11 East Hallowell Lane
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 1n
this Order.
4. Prior to any activity at the site, notice shall be given to
the Nantucket Conservation Commission 48 hours before the
commencement of work
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
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 27
Wetlands Protection Act, and pertinent Massachusetts
regulations (310 CMR 10.00 through 10.99). The Commission
,may require the submittal o~ any data deemed n~cess~rv 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 allo~-..)ed.
10. Any refuse material found on the site shall be disposed of at
an approved landfill and 1n no case may these materials be
buried ~r disposed of in or near a wetland.
11. This Order of Conditions shall apply to any successor ln
interest or successor ln control of the property.
12. WOrk approved in this Order is limited to the driving of
wooden pilings in between the existing pilings supporting the
groin. No change in height, length, width or shape is
allowed.
13. All wood used shall be treated with a non-leaching
preSErvative such as CCA. No paint, creosote, or
pentachlorophenol is allowed. In addition, the use of
"Plastic Wood" (a non-leaching material composed of recycled
plastic) is allowed.
14. The applicant, with written permission of the property owner
to the east (a copy of which is to be submitted to the
Town of Nantucket
Conservation Commission
(508) 228- 7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes fOl- f\Jovembel- 29, 1990 Page 28
Commission), may add clean fill of slmilar grain Slze for
beach nourishment, prevention of additional erosion of the
C02,=,tdl ba;i~., and fo:" ddciit~c~--l,~l tcd=:,ilizatic,'-. _, f' c;-'='~n.
1 5. A c c e 5 5 tot he pro j e c t 5 i t e 5 h a I I be f 1- 0 m a lOll g the b e a c h
unly. No work is allowed from the landward side Of the
coastal bank.
###
3. CERTIFICATE OF COMPLIANCE
a. Gund - Off Tristram's Ave. - SE48-103
Commissioner Visco abstains from the discussion and vote.
Mr. Perry stated he had received a letter from the agent
stating substantial compliance with an on-going condition for
maintenance which was written in the original order. Some
maintenance was just done and it has been inspected.
Recommends the certificate be issu~d.
MOTION:
To issue the certificate was made and seconded.
UNAf\J I MOUS
b. Collar - 17 Kimball Avenue - SE48-572
Mr. Perry stated we had received a letter from Nathan
McMullan stating substantial compliance and an as-built of he
property. Inspection is complete and recommended the
certificate be issued. He adds that the deck is slightly
narrower that approved in the Order.
MOTION:
To issue the certificate was made and seconded.
UNANIMOUS
c. Craig - 11 Hulbert Avenue - SE48-160
Mr. Perry stated inspection is complete and it IS
recommended the certificate be issued.
MOTION:
To issue the certificate was made and seconded.
Town of Nantucket
Conservation Commission
(508) 228- TL.3l.J
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes fOl- I\Jo..;ember 29, 1990 Page 2q
UNANIMOUS
4. PLANNING BOARD REFERRAL
a. Canapache Nominee Trust - Shawkemo Road
5. OTHER BUSINESS
a. David: Old Quidnet Milk SE48-582 (20-8.7) Minor Mod
Mr. Perry stated applicant wants to make a minor
modification to make it narrower which will push it forward 4
feet closer to the wetland boundary and instead of
overhanging 8' it will overhang 12'.
Commission responded that much work had been done, there
was considerable discussion during the hearing on the NOr,
and to measure this site and existing plan was already too
close. There wps plenty of room on the upland side of the
house for this addition.
MOTION: To deny request for a minor modification was
made and seconded.
UNAr..,j I MOUS
b. Taylor - R~move Enforcement Order
Mr. Perry explains the reasons for the Enforcement Order
and that the Settlement Agreement cleared up the problems on
the property. He suggests that a letter be written to remove
the Order.
Commission agreed everything requested had been done.
MOTION: To prepare a notarized letter to the Registry
requesting the enforcement be removed was made and seconded.
UNANIMOUS
c.Watts - Otokomi Road - minor mod.
Attorney Philbrick stated that Bruce had convinced her
that the order does not need to be modified. The Order
Town of Nantucket
Conservation Commission
(508) L28- rLJv
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 30
conditioned that before they go to work on the site they have
to create a homeowners association for the purpose of
establishing an eme!-gency back-up elt~ctl-1cc,1 svstc,rr; ,:!II
maintenance of the drainage structures. The reason she asked
for the modification was because using lots 1-8 makes it
sound like each dwelling in the sub-division is subject to
the Order. Actually the sewer connection only services lots
4-8. If the Commission is happy with the current document,
perhaps there is no need to modify.
Commission asked Mr. Perry if he thought as requested in
the Order. He responds that it 1S.
MOTION: To accept document as complying with section 14
of the Order of Conditions made and seconded.
UNANIMOUS
d. U.S. Dept. of Agriculture - vote on representative
Commission agreed to vote for Dorothy Bartlett.
MOTION:
To vote for Bartlett was made and seconded.
UNANIMOUS
e. Schnetzler - request for COC - discussion
Mr. Perry explained that the Commission gave her an
enforcement order four years ago which resulted in a Notice
of Intent to rearrange the retaining wall. The work was
never done, the order has expired and the applicant was so
notified. Her response was to request a Certificate of
Compliance. Mr. Wills has said he will go to the site to
determine the status.
MOTION: To provide further clarification to Schnetzler
was made and seconded.
UNANIMOUS
f. Claflin - 35 Wauwinet Rd - SE48-584 (20-34)- violation
Mr. Perry stated that considerable digging and filling In
of the wetland had been done at her pond well in excess of
Town of Nantucket
Conservation Commission
(508) 228-7230
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 31
what the Commission had approved. He had spoken with her to
advise her it needed to be corrected. Ms. Claflin said she
It-Jas under:- the 1.mp:-ession she could de this. Sr"E ~~hDUGI:t ~I~--
order said ~s long as she kept 25' away from the pond she
could put the dirt there.
Commission stated the order was very clear on this point.
The dirt is 4' deep. She should only have dug down 2'.
Believes she should fill it back in or have it trucked out.
Plan shows 3 small areas which total 1200 sq. ft. Actual
area is double that. What didn't fit in the field was to go
up the path to the pit. It was not to be put in the
wetlands. Area was a grassy field and is now a lawn.
Mr. Wasierski comments that the was much more than the
Commission approved and maybe that it should be put back 1n
the pond.
Commission agreed we needed to contact Ms. Claflin and
discuss the situation.
MOTION: To contact Claflin to request positive action be
taken was made and seconded.
UNANIMOUS
g. Church - 137 Polpis Road - (44-7.1) - mInor mod.
Mr. Willet abstains from the discussion and any vote.
Mr. Perry stated the modification was to make the
addition wider and deeper and add a garage which is just
outside our jurisdiction.
Commission felt it was more than double and too large to
be considered mInor.
Mr. Perry stated it was previously approved on a
determination so another determination was necessary.
Commission asked if technically we could authorize a
minor modification on a determination.
Mr. Perry commented that this was previously appealed by
a neighbor.
Town of Nantucket
Conservation Commission
(508) 228-72j0
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 32
Commission felt that a change this size should be
advertized s~ the abutters kno~.
Mr. Perry asked if they wanted a Determination.
MOTION: To ask for another RFD for the modification was
made and seconded.
UNANIMOUS
h. Jackson - emergency request
Commissioner Visco abstains from the vote but 1S acting
as an agent for the owners because he is going to do the work
proposed.
Mr. Perry showed plans showing where the bank and sand
had gone which had supported the bulkhead. Request is for
emergency permission to put some sand down to support the
bulkhead before another storm. Subsequently a NOr will be
filed to do something more permanent. Stated the State
regulations allow emergency certification if public safety lS
involved and if citizens of the Commonwealth property is
endangered. Although it only affects one house and if the
bulkhead falls apart there will be floating debris
potentially going down to the harbor. Recommends emergency
certificate is justified.
Commission questioned if threat was to the house as well
as the bulkhead.
Mr. Perry responded at present just the bulkhead was
threatened but potentially the house.
Commission questioned if the bulkhead had initially been
installed correctly.
Mr. Visco stated it was but erosion had occurred. The
bulkhead was 20' long, 20'wide and 7' deep. Needed 100 cu.
yards to fill it in and clean hill sand from his sand pit
will be used because that is what is being washed away.
Also, a temporary road was necessary on the bank to give
access to the trucks. This in lieu of making a cut which
Town of Nantucket
Conservation Commission
(508) 228- I "-JV
6 Chestnut Street
Nantucket, Massachusetts 02554
Meeting Minutes for November 29, 1990 Page 33
would require access from a neighbor's property. Also, a [.C
would make a blow hole.
MOTION:
seconded.
To issue emergency request was made and
UNANIMOUS
6. CORRESPONDENCE
Mr-. Pel-ry distributed the Conservation Commission Meetlli'..,]
Schedule for first half 1991 for the Commission's approv31
Also, noted that we were skipping the meeting scheduled
for December 27, 1990. Also the inspection scheduled for New
Year's Eve was rescheduled to January 2.
Robert Hall at 21 Swains Wharf wants to replace the
piling that is holding up the deck. Asks if he has to file a
RFD to do the work. The pilings are already there, the dec~
overhangs the water and it is just maintenance.
7. MINUTES: for October 18, and November 1, 1990
MOTION: To accept minutes of both meetings as drafted
was made and seconded.
UNANIMOUS
8. BILLS TO BE PAID
9 .
FIELD INSPECTIONS
Monday, December 10, 1990 at 3:30 PM
The meeting was adjourned at 10:45 PM.
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