HomeMy WebLinkAbout1990-12-13
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Town of Nantucket
Conseryation Commission
(50E, 1228-7230
10 South Beach Street
Nantucket. Massachusetts 02554
MEETING MINUTES FOR DECEMBER 13. 1990
The meeting was called to order at 7:02 PM in the Large Group
Instruction Room of the Nantucket High School. Commissioners
present were William Willet, Peter Wilson, Laura Hussey, Peter
Dunwiddie and Henry Wasierski. Also present were Bruce Perry,
Administrator, and Lucia Wyeth, Secretary.
A. EXECUTIVE SESSION
The commission was polled and voted unanimously to go in~o
Executive Session.
7:03 PM
a. Litigation
b. Approval of Minutes for Sept. 20 and Oct. 18, 1990
The Open Meeting was reconvened at 7:14 PM
~ COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC
None
C. PUBLIC HEARINGS
1. Richards - 25 East Tristram Ave. - SE48-609 (31-1)
,MOTION: To continue the hearing at the request of the
applicant was made and seconded.
"
UNANIMOUS
2. Heydt - Brant Point Road - SE48-617 <29-153,156,161)
MOTION: To continue the hearing at the request of the
applicant was made and seconded.
UNANIMOUS
3. Santa Rita Trust - Polpis Road - (SE48-630) (26-22.4)
Present for the applicant was Attorney Melissa Philbrick.
Attorney Philbrick states the ridge elevation is 28'6"
above the grade of the slab.
"J
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Town of Nantucket
Conservation Commission
(508) 228-7230
10 South Beach Street
Nantucket. Massachusetts 02554
Meeting Minutes for December 13, 1990 Page 2
Mr. Perry comments that the ho~i..e; restr icted to 24' and
he reads from the restrictions in the Order on the house.
The concern is the view coming into the harbor. Asked for an
idea of the scale of the building.
Attorney Philbrick responds it is 24' x 24'. Also stated
she had gone back through some tapes when the possibility of
their being sheds, garages and dwelling units outside the
envelope and the restricted area was discussed and it was
stated that these structures would be outside the building
envelope.
Mr. Willet asks if there is any other information needed.
Mr. Perry asks if we want to see the plans.
Attorney Philbrick suggests a draft order be written for
next time and the hearing be left open to discuss elevations
at the next meeting.
MOTION: 'To continue for additional information 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. Lamb - 105 Wauwinet Road - SE48-633 (12-40.1)
Present for the applicant was John Shugrue.
Mr. Shugrue states he has additional information and a few
changes; submits revised plans and a request for a waiver.
Mr. Perry interrupts to ask clarification of previous
discussion regarding the amount to be charged for the filing
fee.
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Town of Nantucket
Conservation Commission
(50S) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for December 13, 1990 Page 3
Commission states that it was under the impression it was
decided at last meeting to be $55/lot with 24 hook ups and
proposes a motion so stating.
Mr. Shugrue asks for discussion.
not a category 1 project.
Suggests each house 15
Mr. Perry responds that it was discussed as the snme
impact as a septic replacement. That it was not a new
project as there was already water going there but where it's
going is new so it was not exempt utility. At the same time
he does not believe it is a $250 charge.
Mr. Shugrue states he thinks it is a one time $250 charge
based on Category 2(e) of 310 CMR 10.53(3)(K) regarding
routine maintenance and repair of water bearing structures
including culverts, drainage easements, ditches, water
courses and artificial water conveyances to insure flow
capabilities which existed effective date of part 3, April 1,
1983.
Mr. Wasierskiasks if he considers an artificial water
conveyance to be a water main.
Discussion on definition and also if it lS a public
utility.
Dr. Dunwiddie questions the idea that this lS routine
maintenance.
Mr. Shugrue responds existing pipes are getting corroded,
some are still steel and that they are in the vegetation in
the upland. Replacing them instead under the existing road
will save loss of vegetation. Additionally he states that
Mrs. Conover's house should not be charged as her house was
being reconnected at the point of the existing system and he
was not crossing their lot. Further clarified that every lot
that he crossed that had a house on it attached to the hotel
would be charged $55. Estimated there would be about 20
houses.
A motion was made and seconded to charge a fee of $55/lot
crossed on the barrier beach and the pump house.
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Town of Nantucket
Conservation Commission
(508) 22E,-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for December 13, 1990 Page 4
UNANIMOUS
Mr. Shugrue presents the additional information. The
hotel pumps a maximum of 28,000 gallons a day and their draw
down is 3"in a 425' radius. Estimates he will pump 9,000
gallons roughly making a draw down of between 1'-1 1/2' which
gives an area of 150' radius around the well being affected.
Mr. Wasierski asks how these figures were arrived at.
Mr. Shugrue responds that they were calculated b~t are
theoretical based on what the hotel already uses. He
continues that the rate he is calculating is based on the
number of bedrooms in the cottages on the barrier beach and
this number comes to approximately 9000 gallons per day. If
he uses the figures of the existing system drawing down t~ree
inches for the 28,000 gallon draw down, then the proposed
system will be a third of that draw down and the radius ~ill
be at 150 feet.
Mr. Perry asks what is the overlap between the two well
systems.
Mr. Shugrue states the hotel's circle will be smaller and
they will touch at the upper end but the overlap is minimal.
At most it may pull the radius out to 170 feet and, he adds,
most of the surface water in the area is not going to be used
by the wells due to soil conditions.
Mr. Perry asks if he is familiar with the septic systems
in the area?
Mr. Shugrue states yes, that they were all located back
along Crows Nest Way and the groundwater flows are basically
north.
Mr. Willet asks if the status of the hotel is not that of
a water company and if new houses ~ight not tie in.
Mr. Shugrue responds that no, they are on a well that was
in the ground and that through word of mouth over the years
they have serviced these houses. Basically there will not be
any more houses in the area and new houses now have to either
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Town of Nantucket
Conservation Commission
(508) 22<,:---;-:Z;j(j
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for December 13, 1990 Page 5
have a well on the property or be on a municipal water
system.
Mr. Perry asks if he does not have to file something witn
DEP Water Pollution.
Mr. Shugrue responds that if he had to file under their
regulations he would file. However, at this point he
understands from the applicant's lawyers he does not have :0
file.
Mr. Willet asks if he does have to file will they not oSk
for more information.
Mr. Shugrue verifies they (DEP) will and also make them
buy more land.
Mr. Willet continues that if this is a possibility it
would be good to keep this hearing open for additional
information.
Mr. Shugrue responds that right now he is not filing wi~h
DEP. To file requires some testing. At this point if this
hearing is not closed he can't even draw the wells.
Mr. Perry repeats that he understands a filing is requirEd
with DEP under Water Quality Department, that the Health
Department feels thi~ must be filed as well. Suggests we
keep the hearing open till we get a letter from someone
stating that filing with DEP is in fact not required.
Mr. Shugrue continues when questioned that he has a fl02r
plan with an envelope and he is going to keep the pump house
as low as he can by the codes. As far as visual goes, after
the shingles are weathered and the vegetation has grown back
in it will be very subtle. Access will consist of 2, 7-8
driveways.
Dr. Dunwiddie asks if Health Department will be reviewi~g
the project.
Mr. Shugrue says yes, he does have to get well permits so
he is going to see it. But he can't file for the well
permits till he finishes with the Commission.
-.,.
.
70
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Town of Nantucket
Conservation Commission
(5081 :2:28-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for December 13, 1990 Page 6
Dr. Dunwiddie asks about filing per the state regulations
relative to the number of houses per well and taking into
consideration the number of bedrooms.
Mr. Shugrue asks which set of regulations he is refe~ring
to and informs the Commission there is a new set of
regulations and under the revised set he does not have to
file. The old set said if the house was not used for 180
days a year you didn't have to file. He does not believE any
of the houses up there are used 180 days. In the old set it
was not clear. The new set is very specific.
Mr. Perry asks if we feel the DEP water quality lS
important enough to weigh; wonders if it should be left
until the next meeting to get clarification of whether
mu s t f i 1 e .
open
Mr. Willet adds more specific information is needed.
what information DEP will request.
Asks
Mr. Shugrue agrees to give us a set of the information
after he does file and says if we want to reopen the hearing
at that time that is fine. However, insists the way he reads
the regulation he does not have to file with the State.
Mr. Willet says he would like to verify the information.
Asks that for the next meeting we, have something in writing
that filing is not required if that is the case.
Mr. Wasierski suggests that included in the additi00al
information is something stating where the discharge water is
going during the pump tests.
MOTION: To continue for additional informa~ic~ to
the next meeting was made and seconded.
UNANIMOUS
6. Briskman - 2 Long Pond Drive - SE48-631 (59-28)
Mr. Willet abstains from the discussion and any vote.
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Town of Nantucket
Conservation Commission
(508) 22~-7230
10 South Beach Street
Nantucket. Massachusetts 02554
Meeting Minutes for December 13, 1990 Page 7
Present for the applicant is Glen Wills of Nantucket
Surveyors and Melissa Philbrick, counsel.
Dr. Dunwiddie states that he and Mr. Wills went out to the
site and there seems to be wetland shrubs starting to cra~l
up the hill above the wetlands. The wetland line would be a
judgement call. The original line was following a break in
the slope above the bog. There is no real clear change in
vegetation where that line was. There was basically a break
in slope. Glen has flagged a new line 15-25' above the older
line which is consider~bly more conservative. There is even
wetland vegetation above the dividing line we had used. Glen
dug down 3 feet into the soil and there is no indication tnat
it ever gets wet. This is a instance where wetland shrubs
grow above the wetland line. Is of the feeling that the line
he has delineated is basically a good one where it is.
Mr. Wills comments that 2 flags were added, orange anC
white stripe. He has located the additional flags and drawn
in the area that remains, following the existing setback
requirements that we have ~nd following the 25' building
setback that was maintained with the original proposed
building location for this filing. The area that rema1GS lS
8' wide and tr iangular 15' long.
He has reviewed the information with Mr. Briskman and
Melissa Philbrick to see if there is a viable solution tc
getting a building on that site. They have come to the
conclusion that as far as environmental protection is
concerned and being able to put a residence on the lot that
maintains as much of a buffer to the wetland as possible and
disturbing the least amount of area, the original site shown
on the plan comes back as the viable area, he states.
Attorney Philbrick states that the view issue, which was
the issue pushing the house to the other side, lS not
necessarily resolved.
Mr. Perry states that setting the house 6' away from the
bicycle path is horrible. Mr. Wasierski agrees.
Mr. Wills states this is why a vegetated buffer is
planned.
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Town of Nantucket
Conservation Commission
(508) 22:S- -:-:2:30
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for December 13, 1990 PagE 8
Mr. Perry questions the height of the buffer and its
ability in providing a visual buffer to the bikepath.
Mr. Wills comments that the plan is for a 2-story salt ::ox
type house with the tall side facing south and a 1-story
north eave. Also, the current envelope is 400' smaller than
the previously approved one or about 1600 sq ft. This is ~Cl
try and maintain the 25' buffer.
Mr. Wills continues even if the house is moved to the
other corner, that is across the street from a vacant lot,
and it is very possible a house will be someday built there
which would effect the view anyway. Standing at the corne-
what you would see is the house, the dump and the radio tCfter
and no open water. The only place you can see water is
opposite Long Pond Drive.
Mr. Perry disagrees; states that you can see a wide
expanse of water and that property on the other side of tre
pond is conservation land and the house is going to be whe-e
you look across. He suggests that the Commission needs to ;0
out there and get some ideas.
Mr. Wills comments that it appears we are getting away
from protecting the wetland and more about scenic views. If
we go on the other side or regardless of how we do it we a~e
going to be in the 25' buffer.
Dr. Dunwiddie disagrees, stating that he thinks we are
trying to balance the wetland/scenic views interest with
these other interests and the other location would be less
objectionable.
Mr. Wills asks what would be the area of building allOfted
and what do you want to see against the wetland edge in t-e
buffer zone. True, we can design something that doesn't go
into the wetland edge and it is a fairly conservative edge as
far as the edge of the bog is concerned. What do you war~ as
far as setbacks are concerned.
Mr. Perry comments that irrespective of which location it
goes in, the Commission should request a smaller building
envelope so it is not 25' into the 50' setback.
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Town of Nantucket
Conservation Commissi'on
(508) 2:2E,-7230
10 South Beach Street
Nantucket. Massachusetts 02554
Meeting Minutes for December 13, 1990 Page 9
Mr. Wills responds that was brought on by the commission
in denying an extension on an approved permit that was 25'
from the edge of the wetland. He do~s not believe this to be
as much of an issue as putting the building within the 25'.
Mr. Perry responds that 1600 sq ft building envelope is
too large.
Mr. Wills says his concern is what the setback from the
wetland is going to be if he were encouraged to do it on ~he
other side in order to coordinate requirements of the Boa!d
of Appeals regarding setback from the road. Currently tney
require 30' setback. In the past he has found the decision
to grant a variance to be based on the fact that there was no
other alternative.
Attorney Philbrick states if she has to argue with the
Board of Appeals the sole argument is why I have to put it
here instead of here.
Dr. Dunwiddie counters he doesn't think she has to blame
the Commission for the variance request; he adds that he
doesn't think she'll find anyone on the island that is
excited about a house 6' from the bike path.
Attorney Philbrick returns that the .crunch toward the bike
path comes from the 25' wetland buffer and if it didn't
matter as much they could push back the house site from tne
bike path. She has talked to the Board about this but has
had to show the wetland concern each time. She would be
happy to explain the balancing we are trying to do.
Dr. Dunwiddie says he would like to go out and see the
site, looking from the point of view of a house location. If
you could give me some sense of what considerations you would
have within the 25' buffer zone, we can try to see what kind
of building envelope we could do in that area in this
location relative to the setback.
Attorney Philbrick states that the current building
envelope is 1600 sq ft. There are no actual plans, except
those for a 2000 sq. ft. envelope in the expired file.
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Town of Nantucket
Conservation Commission
'(508) 2:2~--;-:2;3(J
10 South Beach Street
Nantucket. Massachusetts 02554
Meeting Minutes for December 13, 1990 Page 10
Dr. Dunwiddie states that if they kept 25 feet from thE
1985 delineation it would range from 10' to 0'.
Mr. Perry notes that they are requesting 2 waivers and
that perhaps the footprint should be smaller.
Dr. Dunwiddie suggests trying another plan, perhaps 10 =ff
the currently flagged line and a IS' front yard setback w::h
considerably smaller footprint.
Mr. Perry says the next inspection date is January 2 a~:
suggests we visit the site again.
MOTION:
and a field
To continue the hearing for more informati:~
inspection was made and seconded.
UNANIMOUS
7. Johnson - 34 Easton Street - SE48-634 (421.4-18)
Present for the applicant is John Shugrue and Melissa
Philbrick.
Present is Arthur Reade representing abutters: Theodo~e
and Mary Cross who own property directly across the street:
Ted Cross' daughter, Lisa Gray, a direct abutter; Robert
Horner, a direct abutter on the other side; and property
owners one house down in each direction on the water side
Anthony Cahill and Leo Gillispie. Here with him for the
hearing are Les Smith of Daylor Consulting, Ted Cross fr=~
New York and Mrs. Gillispie's son Pat Gillispie.
Mr. Shugrue presents modifications to the original pla-.
The system as designed will pump directly into the town
sewer. He revised those plans to install a lift station
behind the bulkheads. This will eliminate all chances of
pollution unless someone crashes into the dock and breaks the
pipe.
Mr. Wi llet asks -if the float size had been scaled down.
Mr. Shugrue responds it had been considered but the beat
is exactly the same size as the float--60' long so Mr.
Johnson therefol-e wants the float to be 60' long.
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Town of Nantucket
Conservation Commission
(508) 228-7230
10 South Beach Street
Nantucket. Massachusetts 02554
Meeting Minutes for December 13, 1990 Page 11
Mr. Reade states that he has a problem with the comment in
the request stating the reason for the town sewer hook up was
to avoid using the other method. Wants to know what is meant
by "the other method". In his opinion suggests some risk in
how much care would be taken in handling the pump-out to
prevent pollution.
Mr. Shugrue responds that it can either be pumped out
there or taken over to town pier or it can be taken half way
out the channel and dumped.
Commission says you have to go 3 miles out to dump; asks
why would he suggest he would do it in the channel.
Mr. Shugrue concedes the sentence should not have been in
the NOI.
Les Smith distributes a report that summarizes concerns
discussed previously.
Mr. Reade says he has a problem with a 60' long float.
With regard to the pump out facility he has a concern with
the fact the .septic in the boat is treated with formaldehyde
which one would not expect with residential use be put
directly into the sewer system. He wonders if it needs to be
pretreated and suggests a study is needed to see what the
affect will be to the sewer system. According to Les,
currently a marine task force consisting of the DEP, EPA and
the State CZM, is developing design standards for these
facilities. He thinks we should hear the result of the study
before making a decision which may be in conflict with the
recommendations of the task force. He continues with the
concern Df a 60' long float tied to the pier. Refers to Mr.
Horner's letter read at the last meeting which would cause a
serious obstruction of the movement of the water. Mr.
Gillispie additionally questions the dimensions of 60 feet
for the houseboat. He (Gillespie) believes it is more like
30' and he ~onders if the real intent is not to tie up
additional boats. Summarizes with the questions of need and
the affect it will have on the circulation of water in the
tidal system.
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Town of Nantucket
Conservation Commission,
(508) 22~- -:';:::::1)
10 South Beach Street
Nantucket. Massachusetts 02554
Meeting Minutes for December 13, 1990 Page :2
Les Smith reviews the handout. He questions the need f=-
a float and states most piers are open pile rather than
floats because the area is a velocity zone and early storms
are possible. A float could be a safety hazard relative t:
storm damage. Additionally, he adds, there is the effect =-
wetland scenic views. This is a very visible area coming
into the harbor as well as from Children's Beach. The pum:
out suggests the pier will be used as a permanent berth fo-
the houseboat instead of temporary. Also, he wonders abou: _
pump out dumping directly into the sewer with no pre-
treatment. What is a Johnny trap pump out and its operati:-.
What is the draft of the boat and he questions the ability =f
the boat to sit above the bottom during low tide. The boa:
sits low in the water and is an obstruction.
Mr. Reade continues to asks how it should be rated In
precedent value. A float and pump out could result in mar.
more applicants. Zoning regulations prohibit new piers un::l
fall 91. Existing piers, let alone any new ones in
residential neighborhoods could come back with similar
requests. Statement was made regarding extending a
bulkhead out into the harbor that if we built out far enou;-
eventually there wasn't going to be a harbor any more. We
are a long way from that but the fact is the harbor is a
limited resource and very important one for the Town of
Nantucket. Any piers or pier extensions should be looked __
very carefully. What effect is this going to have on the
shoreline. 'What damage could the float cause in a storm.
Mr. Ted Cross who represents his daughter Lisa Grey
questions the need for a float this large. States he has -3J
the boat for many years and the request is totally
unreasonable. That the area no longer flushes out with the
tide and the ferry waves as it used to, due to all the boa::
there. Also in the summer, there is a build up of gasoline
and oil and an immense amount of ell grass. Adding 60'
float would compound the problem. The area supports a sem:-
commercial operation in a residential area as it is. UrgE:
we delay a decision in order to view the area in July to see
how current use affects the area. With regard to the haza-:
of having this connection, notes that although this is a
houseboat it is also a party boat and, he suggests, there __
lack of care in docking after partying at night. This
appears to be a guest house with all the plumbing. He
,I\)
l} recycled paper
Town of Nantucket
Conservation Commission
(508) 2:2~-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for December 13, 1990 Pag~ 13
suggests that permanent docks at Monomoy or in the harbor
could come in and request a pumpout and create additional
living space on their docks. By allowing this use we are
establishing a precedent.
Mr. Ted Gillispie presents photos taken from his mothe-'s
porch. He has a concern with the size of the houseboat.
Compares the size of a 20' whaler and suggests 60' is not
necessary for a float. He continues that the water flow :s
obstructed by the number of boats and the ell grass in
season. Now that the boats are gone there is tidal flush:ng.
Now on the other side we'll have a 60' float.
Mr. Willet asks John Shugrue if he has any comments.
Mr. Shugrue answers no, he does not have any answers.
Dr. Dunwiddie asks what would be the pros and cons for
removing the last 60' of the pier and replacing it with a
floating dock; would it be a feasible alternative to this
proposal?
Mr. Shugrue responds no, they were more dangerous.
Dr. Dunwiddie asks how Taylor does his.
Mr. Reade responds that Taylor's is considerably smaller.
Dr. Dunwiddie says he would like to hear objections or
support of an alternative which might result in no greate-
impact at least in square footage over what is currently
there.
Dr. Dunwiddie states would like more information about the
houseboat. What are its dimensions, where are the access and
egress points from the boat.
Additionally, an abutter asks the need be stated. At :nis
point the request seems to be only the fact that he wants it.
Attorney Philbrick agrees to ascertain needs as perceived
by the owner and what environmental impact. How it will
affect water flow. What part of the proposal causes neit-er
increased activity nor environmental impact.
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Town of Nantucket
Conservation Commission
(508) 22~-7230
10 South Beach Street
Nantucket. Massachusetts 02554
Meeting Minutes for December 13, 1990 Pa;e 14
Mr. Wilson asks how the float is removed and where does it
go.
Mr. Shugrue responds that it consists of 5 pieces; he ~ill
find out the lengths.
Dr. Dunwiddie questions the comment in Les Smith's le::er
alluding to boat dealership activities.
Mr. Perry states that the caretaker sells outboard boats.
Attorney Philbrick asks if all public pump-outs deal ~::n
pretreatment.
Mr. Shugrue responds pretreatment IS necessary to dea:
with formaldehyde.
MOTION:
seconded.
To continue for more information was made 3nd
UNANIMOUS
*
8. Poor
Quidnet Road-(SE48-635)(20-49,50.2,50.3;21-58,::~)
* 9. Poor - Quidnet Road -- (21-122,118.1,119.1,119.2)
The hearing is opened under the State only, not the -:--..".
Both notices are discussed concurrently. No field inspec:ion
report has been written.
Present for the applicant lS Lisa Standley of Daylor.
Ms. Standley shows the Commission an aerial photo map.
States that the Commission requested they file Notice of
Intent for work that is on-going on the properties which ^E
describe as maintenance brush cut areas and agricultural
activity. Most of the activity has taken place in uplar=
areas but brush has been cut to the edge of wetlands in -any
areas. Some work within the' wetland area shown as B on t~e
plan. The NOI requests an OOC from the commission to pe~~it
activities within the buffer zone. The intent is to ali:~
the altered wetlands to become naturally revegetated. T~e~e
will be no further clearing of any areas on the site wit-:Jt
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Town of Nantucket
Conservation Commission
(508) 228-7230
10 South Beach Street
Nantucket. Massachusetts 02554
Meeting Minutes for December 13, 1990 Page 15
actually flagging the wetland boundary and properly filing a
NOI before the Commission.
Mr. Perry states that some of the area is zoned
agricultural and some residential. -
Ms. Standley responds that she has not looked at the
zoning. The revised plan will identify the parcel numbers.
One lot line is wrong and is shown in error. One parcel has
no activity. They are filing for brush cutting and land
clearing which has been done.
Commission questions title to the land.
Mr. Perry says he has had a short discussion with town
counsel with regard to accepting a NOI. If ownership is
unclear, we can accept it but the OOC has to be sent to the
owner. Proof of partial interest in the identified parcels
in the NOI must be shown by the end of the hearings. He
believes to file a NOI on all these parcels should require a
letter stating he has some interest in these parcels, some
outright, some varying interests.
Ms. Standley comments that in terms of ownership they have
attempted to file for all the brushcutting and clearing that
has been done or is ongoing in the buffer zone with the
exception of the parcel included in error by them. Ownership
1S cloudy on several of the parcels. Some he owns and some
he has a partial interest in.
Mr. Reade states that Mr. Poor has some ownership interest
but he has not seen the plan nor has he done any title
research work.
Dr. Dunwiddie asks if you have partial interest can you
file an NOI and get permission to do work if the other owners
don't care or don't know?
Mr. Reade responds he is not sure that there is anything
under the wetland protection act that even contemplates the
question arising. If you own an interest you have the right
to use it. Anyone who has an interest can do an RFD.
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Town of Nantucket
Conservation Commission
(508) 228-';":230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for December 13, 1990 Page 16
Dr. Dunwiddie asks if he wanted to file a NOI on Mr.
Poor's property, he could do so?
Mr. Redde responds he thinks this is a legitimate point.
Generally, if you have a, partial interest in a piece of
property you have the right to use that piece of property.
You don't have to get the consent of all the other owners.
It would seem that if that use involves an activity that
comes within state or local jurisdiction than that part ow-er
of the property who proposes to make a use can come before
the commission to request permission to so do through a NC:.
You certainly can do a RFD on a parcel of land that you de
not own.
Cheryl Creighton asks if the abutters have been notifie=.
Mr. Reade says the abutter notification is tied to the
assessors and he doesn't know what the assessors show on t-~
parcels.
Mr. Perry names the known owners.
Ms. Andrews states objection to brushcutting on her
property if it is in the proposal.
Ms. Standley states this was in error and they will do =,
NOI to delete the parcel from the request.
Mr. Willet asks if the wetlands have been flagged.
Ms. Standley states no, not yet. The schematic answers
that need. They will flag before new activity on the
property is commenced.
Mr. Willet asks if she IS planning to continue
brushcutting.
Ms. Standley responds that the NOI requests to allow
annual brushcutting of the property. But adds that before c~y
further activity in the wetlands occur, they will stake the
wetland and receive permission from the Commission.
Mr. Perry questions not allowing a 25' buffer.
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Conservation Commission
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for December 13, 1990 PagE :7
Mr. Willet wants some kind of buffer around the wetlanc.
Ms. Standley asks what the commission wants flagged. -
all places where edge of wetland has been cut or is propo5Ej
to be cut will be staked and no work will be allowed.
Mr. Willet comments that we are talking about hundreds
feet. We want it flagged with a buffer of 25 feet as we
require everybody else. Asks do we want some trails gOln;
through the wetland tree areas blocked off.
Ms. Standley states that she will be flagging the wetla-=
areas that are adjacent to areas that are proposed to be
Mr. Perry asks if it should be shown what wetland was
filled without permits and what roads have crossed wetlancs
without permission.
Dr. Dunwiddie expreSSES a cbncern with culverts and roa:5
through the wetland. Cutting has already been done witho~:
permits. The Commission needs to have the arEas that have
had work occur filed for and properly permitted with
schematics drawn for what wetlands have been filled. The
wetland where the water level was artificially contained
should be restored to its original condition ASAP.
Cheryl Creighton comments she is glad it is more clear:.
stated that work has been done. Many areas that are 1n
violation require the wetlan~ flagging of the buffer zone.
clearly mapped. It is possible that there are areas on 5:-e
of the parcels that an agricultural management plan would :e
a good tool but this needs to be worked through the
Commission. The potential for pesticides, fertilizers, e::.
and their effects on the wetlands need to be considered.
There is a lot of consideration that needs to be given as :0
what type of activity is appropriate in the areas under o~-
jurisdiction. She would like the commission to feel
comfortable notifying other interest holders that they be
made aware of the activity. She requests a map be made
available to the Land Council.
Dr. Dunwiddie suggests flagging might not be necessary :n
the wetland edge on which no activity is planned, certair:.
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Conservation Commission
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for December 13, 1990 Page :3
within 25-50'. For instance a large area of undisturbed
upland adjacent to the wetland could be omitted.
Mr. Willet asks if there are any further questions.
Dave Kingsley, reporter for the Nantucket Beacon, asks ~r~
a NOI was not filed before the work was done.
Lisa Standley responds she doesn't know.
MOTION: To continue for additional information was
made and seconded.
UNANIMOUS
* 10.Cross - 32 Easton Street - (42.1.4-17)
Present for the applicant is John Shugrue.
Mr. Shugrue states this is a replacement bulkhead betwee~
Johnson and Cahill. Is in about the same shape as the othe~
two. If no one objects he suggests we close the hearing anc
issue a standard order for plastic.
Commission asks if this is just the bulkhead--no pier.
Mr. Shugrue responds the pier and floats are already
there.
Mr. Shugrue requests Mr. Perry write up a standard order
and continue the hearing for the DEP file number.
MOTION: To continue for DEP file number and write a
standard Order was made and seconded.
UNANIMOUS
* 11. Greenberg - 21 E. Tristram's Ave. SE48-557 (31-3)
Present for the applicant are Attorney Philbrick and Mr.
Shugrue.
Mr. Perry summarizes the history. About a year ago the
Commission allowed leach fields which were 100' from Mean
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Conservation Commission
(508) 228-~2:Y)
10 South Beach Street
Nantucket. Massachusetts 02554
Meeting Minutes for December 13, 1990 Page _'
High Tide and wetlands. The Health Department requires the:
the leach trenches need to be 100' from the bank and that
line would go to about the middle of the house. They had
requested a minor modification to move the septic trenches,
which would put them 100' from the wetland, which requires -
waiver from our regulations. So it was not a minor
modification and they are here to amend the order with a
waiver allowing the leach fields within 100' of wetland.
With that in mind, Mr. Perry has measured on the submitt~~
plans and found an area 100' from bank and 100' from wetlar:
which satisfies both without a waiver. The house is more
than 110' long and a waiver is not justified.
Mr. Shugrue responds then we can't get the house on the
lot.
Commission agrees that the waiver lS not justified and
suggests another house be designed.
Mr. Perry mentions that there is now a wetland crosslng ::
install the well line. He suggests that the trench should ~e
dug with a ditch witch to minimize damage.
After somE discussion the Commission suggests that the
applicant address the issue when they come in with ~he
revised house plan.
MOTION: To continue for additional information was
made and seconded.
UNANIMOUS
D. REGULAR MEETING
1. REQUEST FOR DETERMINATION
- -
a. Rauch - 84 Baxter Road - (49-37) 2 additions/deck
Present for the applicant was Norm Chaleki.
Mr. Perry states this was continued from the last
meeting as there was a previous file that had some filing --
it. The old file permits much more than they are asking f:-
A't
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for December 13, 1990 Page 20
now. It permitted the same size addition but 2 story. The
plan has been changed to add an 8' deck on the front instead
of the 10' originally requested. The deck is the closest
point and it is 40' from the wetland. Recommends a negative
determination that the work is within the buffer zone. It
was granted two years ago. The wetland boundary hasn't
changed and no more dirt will be added around the house. Is
within the buffer zone. Is a modest addition.
MOTION: To issue a Negative Determination that the
project is subject to but will not alter was made an
seconded.
UNANIMOUS
* b. Andlinger - 72 Pocomo Road (15-37) - relocate drive
Present for the applicant was Glen Wills of Nantucket
Surveyors.
Mr. Perry reviews the request wnich is to move the
driveway. He walked the wetland boundary with Glen Wills.
The proposed driveway is 102' away at the closest point.
Commission comments it is out of our jurisdiction.
Discussion on snow fence and the fact that the wind blows
them down easily.
MOTION:
and seconded.
To issue a negative determination was made
UNANIMOUS
* c. Perry - 873 S. Cambridge St - (59.4-133, 132) -house
MOTION: To continue at the r-equest of the applicant
and due to the lack of abutter notification.
UNANIMOUS
* d. Hoey - 61 Wanoma Way - (92-25, 11) - addition/septic
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Conservation Commission
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for December 13, 1990 Page 21
Present for the applicant is Attorney Philbrick and Bob
Emack of Nantucket Surveyors.
Commission states in the file are some elevations.
Mr. Wasierski asks if the building is within 50' of the
top of the bank.
Attorney Philbrick asks if it were outside 50' would it
make a difference.
The Commissioners respond affirmatively.
Attorney Philbrick asks if the Commission would be willing
to issue a negative but won't alter on the condition that all
the work will be 50' back; otherwise you want to see a NOI to
get the determination.
Commission asks where the deck is going. Also, how much
excavating is to be done. Also, if the studio is to be above
or below the garage.
Mr. Perry asks what will be done with the dirt and
comments that it should not be stockpiled as it will wash
down the bank.
Mr. Perry states he faxed a copy of the plans to Mr.
Maguire who is a neighbor on the downside. He thought the
house needed an addition and so is pleased.
Mr. Perry recommends either hearing be continued for a set
of plans that shows everything behind 50' or the
determination be signed and held pending receipt of the
revised plan.
MOTION: To issue a subject to but will not alter negative
determination and do not issue the Determination until the
revised plans are received by the Commission was made and
seconded.
UNANIMOUS
* e. Holch - 11 Wauwinet Road - (20-43) - detached shed
Present for the applicant is Mr. Lindquist.
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Conservation Commission
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for December 13, 1990 Page 22
Mr. Perry shows the as built for Hugret, the previous NOr
on the lot. Request is to move a shed. Last spring we gavE
them a partial compliance on the septic. He suggests we ask
if it can be located within the existing footprint. The
question is if he came for a determination to put a shed 30'
from the wetland would we allow him to do it, if it wasn't
there already. That is what we have to look at, he adds,
not moving the existing shed around. Right now it is at 47'.
But he doesn't see it as having a real impact on the wetland.
Commission discusses shed location options and where cars
will park.
Mr. Lindquist states his first preference 1S to have it
down by the driveway.
Commission suggests Mr. Perry and Mr. Lindquist visit the
site to decide on a location.
MOTION:
seconded.
Continued for more information was made and
UNANIMOUS
2. ORDER OF CONDITIONS
a. Old North Wharf (Nautilus) - SE48-629 (42.3.1-225)
Present for the applicant was Melissa Philbrick,
counse I .
Attorney Philbrick questioned #16 wording if it would
preclude bulkhead repair of the existing bulkhead.
Commission stated it would not preclude bulkhead
repair.
MOTION: To issue the Order as written was made and
seconded.
UNANIMOUS
b. Fisher - 155 Wauwinet Road - SE48-632 (11-1)
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Conservation Commission
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10 South Beach Street
Nantucket, Massachusetts 02554
Me~ting Minutes for December 13, 1990 Paq~
MOTION:
seconded.
To issue the Order as written was made and
UNANIMOUS
c. Doubleday - Easton Street - SE48-625 (42.1.4-14,15)
Present for the applicant was Glen Wills of Nantucket
Surveyors and Melissa Philbrick.
MOTION:
To issue as written was made and seconded.
UNANIMOUS
3. CERTIFICATE OF COMPLIANCE
a. Flamm - 43 Squam Road - SE48-451 (13-24)
Mr. Willet reads the inspection report. Bushes have been
planted in a disturbed area by the deck and the deck outside
the shower area been removed. Also the requested
conservation restriction which is intended to prohibit
additional building has as yet not been placed on the
property. He notes that the order expires the end of
January.
Attorney Philbrick states she is a little premature in
asking for the certificate but they are in the process of
working on the conservation restriction. She just wanted to
make sure before any more time elapsed that the work done In
the field is the right work and everyone is happy with it.
Mr. Perry recommends the certificate not be issued
tonight but notes the plantings are in compliance with the
Commission's requests.
MOTION: To continue to the January 17 hearing for
additional information was made and seconded.
UNANIMOUS
b. Mellin - Sesachacha Pond - SE48-129 (24-5)
Dr. Dunwiddie abstains from the vote.
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Conservation Commission
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10 South Beach Street
Nantucket. Massachusetts 02554
Meeting Minutes for December 13, 1990 Page 2~
Mr. Perry summarizes the he, Mr. Wasierski and Mr. Visco
met with Mrs. Claflin at the site and told her to remove the
dirt and stake some hay bales around the pond and restore one
small area to the left. Requested this be done before
spring. He adds that they asked that once this had been done
to call the Commission and they would decide if the area
needs to be planted.
d. Kessler - (92.4-303) 19 Wanoma Way - relocation septic
Present for Mr. Kessler is Mr. Moretti.
Mr. Perry reviews a request from Mr. Kessler for
commission's opinion.
Mr. Moretti says the plan is to replace a septic sY5te~
and under consideration by the Health Department is the
possibility of putting 3 wells which include not only the
well on Mr. Kessler's lot but the wells on the two abutting
lots over the bank so they will not infringe on the well and
septic system separation.
Mr. Moretti adds the Board of Health requires a 10'
setback from the front boundary for a septic system with a
100' separation between well and septic. Mr. Ray indicates
he will recommend the Board grant a variance from the
regulation but asks every other alternative be explored.
Asks that the possibility of putting the wells below the bank
be discussed with the Conservation Commission. If this is
not something they can recommend, then he will recommend the
variance for the 10' front yard setback to the Board.
Mr. Perry shows the plot plan and how steep the bank is.
Mr. Moretti asks that if it is the sense of the board to
discourage locating 3 wells below the bank in this area, a
letter be drafted to Richard Ray's attention and sent to h~m
and he would then send it to Richard Ray.
Commission asks what alternatives exist.
Mr. Moretti shows the plan submitted by Nantucket
Surveyors showing 100' separation between the existing well
and the leach field. There are 3 wells currently located
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Town of Nantucket
Conservation COlnrnission
(508) 228-7230
10 South Beach Street
Nantucket, Massaehusetts 02554
Meeting Minutes for December 13, 1990 Page 24
Mr. Perry comments on the inspection report. He found the
house was built as ordered but 2 sheds that are old and
falling down were not removed. Feels there is no
environmental impact.
Dr. Dunwiddie feels they should be taken out as it lS part
of the minutes and is on the plan.
Commission agrees Mr. Perry should write a letter asking
it be removed and requesting a time frame.
MOTION: To table the request until the January 17
meeting and send a letter requesting additional compliance
was made and seconded.
UNANIMOUS
4. PLANNING BOARD REFERRAL
a. Canapache Nominee Trust - Shawkemo Road
Mr. Perry recommends a letter be sent to the Planning
Board saying until we get a building envelope we cannot
approve.
c. Briar Patch - Quidnet cluster
To be continued for a field inspection.
5. OTHER BUSINESS
a. Siasconset Sewer Project discussion and minor mod.
Request to remove from agenda.
b. Taylor - Remove Enforcement Order
Letter removing enforcement order prepared for
commission signature; to be notarized.
c. Claflin - 35 Wauwinet Rd. - SE48-584 (20-34)- violation
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Conservation Comrnission
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for Deceffiber 13, 1990 Page 26
above the bank and the septic location is up against the
property line.
Commission agrees that Mr. Perry will draft a letter to
Board of Health to not allow the wells below the bank.
MOTION: To not allow and so state in a letter was made
and seconded.
UNANIMOUS
e. DEP Inspection of appeals: Monday, December 17, 9:45 AM
Inspections scheduled are:
Santa Rita Trust (appeal)
Newquist (appeal)
Madaket Bike Path replication area by dump
6. CORRESPONDENCE
7. MINUTES: for November 8 and November 29, 1990
MOTION: To accept the minutes with noted change was
made and seconded.
UNANIMOUS
8. BILLS TO BE PAID
9. FIELD INSPECTIONS - Wednesday, January 2, 1991, 3:30 pm
The meeting was adjourned at 10:30.
,0'A
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