10 Mayhew Lane Map 41, Parcel 443 Nantucket, Massachusetts

Home , The Inquirer and Mirror

Notice of Intent Application

October 29, 2020

Subject Property 10 Mayhew Lane Map 41, Parcel 443 Nantucket, Massachusetts

Applicant/Property Owner Julia P. & Gary M. Killian 42 Forest Avenue Rye, NY 10580

LEC Environmental Consultants, Inc.

12 Resnik Road, Suite 1 Plymouth, MA 02360 508-746-9491 508-746-9492 fax

www.lecenvironmental.com

October 29, 2020

Email/Overnight Delivery

Nantucket Conservation Commission 2 Bathing Beach Road Nantucket, MA 02554

Re: Notice of Intent Application [LEC File #: BrEI\20-086.01] 10 Mayhew Lane Map 41, Parcel 443 Nantucket, Massachusetts

Dear Members of the Commission:

On behalf of the Applicants, Julia and Gary Killian, LEC Environmental Consultants, Inc., (LEC) is submitting this Notice of Intent (NOI) Application for a proposed pool/patio and improvements to existing structures, driveway, and landscaping on the above-referenced subject parcel. Proposed work activities occur within the 100-foot Buffer Zone to Bordering Vegetated Wetlands (BVW) across Mayhew Lane and an on-site Isolated Vegetated Wetlands (IVW) protected under the Massachusetts Wetlands Protection Act (M.G.L., c. 131, s. 40), its implementing Regulations (310 CMR 10.00), and/or the Town of Nantucket Bylaw (Chapter 136) and Wetlands Protection Regulations (Bylaw). Details of the proposed project are depicted on the Proposed Site Plan prepared by Bracken Engineering, Inc., dated October 29, 2020.

The following three checks made payable to the Town of Nantucket will be submitted under separate cover: $232.50 for the town portion of the WPA filing fee, $200.00 for the Town Consultant fee, and $25.00 for the Bylaw fee. A check made payable to The Inquirer and Mirror ($201.07) has also been submitted for the legal advertising fee. The state portion of the WPA filing fee ($207.50) and has been forwarded to the DEP Lockbox. Thank you for your consideration of this Application. We look forward to discussing the project at the November 19, 2020 Public Hearing. If you should have any questions or require additional information, please do not hesitate to contact me at [email protected]. Sincerely,

LEC Environmental Consultants, Inc.

Brian T. Madden Wildlife Scientist cc: DEP SERO; Killian; Bracken Engineering, Inc.

Table of Contents

i. WPA Form 3 – Notice of Intent ii. Wetland Fee Transmittal Form iii. Affidavit of Service iv. Letter to Abutters v. Abutter Notification Form vi. Certified List of Abutters

Wetland Resource Area Analysis and Report

1. Introduction 1 2. General Site Description 1 2.1 Floodplain Designation 1 2.2 Natural Heritage and Endangered Species Program Designation 2 3. Wetland Boundary Determination Methodology 2 4. Wetland Resource Area Descriptions 2 4.1 Bordering Vegetated Wetlands 2 4.2 Isolated Vegetated (Freshwater) Wetlands 3 5. Proposed Project 3

6. Waiver Request 4

7. Summary 5

Literature Referenced

Appendices

Appendix A Locus Maps Figure 1: USGS Topographic Map Figure 2: Aerial Orthophoto Figure 3: FEMA Flood Insurance Rate Map Figure 4: NHESP Map Appendix B Field Data Forms Appendix C Proposed Site Plan, Prepared by Bracken Engineering, Inc., Dated October 29, 2020

Massachusetts Department of Environmental Protection Provided by MassDEP:

Bureau of Resource Protection - Wetlands MassDEP File Number

WPA Form 3 – Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Nantucket and The Town of Nantucket Wetlands Bylaw Chapter 136 City/Town A. General Information

1. Project Location (Note: electronic filers will click on button to locate project site): 10 Mayhew Lane Nantucket MA Important: a. Street Address b. City/Town c. Zip Code When filling out forms on the 41°17'2.17"N 70° 6'38.43"W computer, use Latitude and Longitude: d. Latitude e. Longitude only the tab key Map 41 Parcel 443 to move your cursor - do not f. Assessors Map/Plat Number g. Parcel /Lot Number use the return key. 2. Applicant: Julia P. & Gary M. Killian a. First Name b. Last Name

c. Organization 42 Forest Avenue d. Street Address Rye NY 10580 Note: e. City/Town f. State g. Zip Code Before completing this [email protected] form consult h. Phone Number i. Fax Number j. Email Address your local Conservation 3. Property owner (required if different from applicant): Check if more than one owner Commission regarding any municipal bylaw a. First Name b. Last Name or ordinance. c. Organization

d. Street Address

e. City/Town f. State g. Zip Code

h. Phone Number i. Fax Number j. Email address

4. Representative (if any): Brian T. Madden a. First Name b. Last Name LEC Environmental Consultants, Inc. c. Company 12 Resnik Road, Suite 1 d. Street Address Plymouth MA 02360 e. City/Town f. State g. Zip Code 508-746-9491 508-746-9492 [email protected] h. Phone Number i. Fax Number j. Email address

5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):

$440.00 $207.50 $232.50 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid

wpaform3.doc • rev. 3/10/2016 Page 1 of 9

Massachusetts Department of Environmental Protection Provided by MassDEP:

Bureau of Resource Protection - Wetlands MassDEP File Number

6. General Project Description: The Applicant is proposing a pool/patio, structural improvements, driveway improvements, and

landscaping within the 100-foot Buffer Zone to Bordering Vegetated Wetlands/Vegetated Wetlands.

7a. Project Type Checklist: (Limited Project Types see Section A. 7b.)

1. Single Family Home 2. Residential Subdivision

3. Commercial/Industrial 4. Dock/Pier

5. Utilities 6. Coastal engineering Structure

7. Agriculture (e.g., cranberries, forestry) 8. Transportation

9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological

Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? If yes, describe which limited project applies to this project. (See 310 CMR 1. Yes No 10.24 and 10.53 for a complete list and description of limited project types)

2. Limited Project Type

If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification.

8. Property recorded at the Registry of Deeds for: Nantucket a. County b. Certificate # (if registered land) 922 5 c. Book d. Page Number

B. Buffer Zone & Resource Area Impacts (temporary & permanent)

1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering

Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3,

Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location.

wpaform3.doc • rev. 3/10/2016 Page 2 of 9

Massachusetts Department of Environmental Protection Provided by MassDEP:

Bureau of Resource Protection - Wetlands MassDEP File Number

WPA Form 3 – Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Nantucket and The Town of Nantucket Wetlands Bylaw Chapter 136 City/Town

B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)

Resource Area Size of Proposed Alteration Proposed Replacement (if any)

a. Bank 1. linear feet 2. linear feet For all projects affecting other b. Bordering Vegetated Resource Areas, Wetland 1. square feet 2. square feet please attach a narrative c. Land Under 1. square feet 2. square feet explaining how Waterbodies and the resource Waterways area was 3. cubic yards dredged delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any)

d. Bordering Land Subject to Flooding 1. square feet 2. square feet

3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land

Subject to Flooding 1. square feet

2. cubic feet of flood storage lost 3. cubic feet replaced

f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland

2. Width of Riverfront Area (check one):

25 ft. - Designated Densely Developed Areas only

100 ft. - New agricultural projects only

200 ft. - All other projects

3. Total area of Riverfront Area on the site of the proposed project: square feet

4. Proposed alteration of the Riverfront Area:

a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft.

5. Has an alternatives analysis been done and is it attached to this NOI? Yes No

6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No

3. Coastal Resource Areas: (See 310 CMR 10.25-10.35)

Note: for coastal riverfront areas, please complete Section B.2.f. above.

wpaform3.doc • rev. 3/10/2016 Page 3 of 9

Massachusetts Department of Environmental Protection Provided by MassDEP:

Bureau of Resource Protection - Wetlands MassDEP File Number

Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including

standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any) document transaction a. Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on your receipt page) b. Land Under the Ocean 1. square feet with all supplementary information you 2. cubic yards dredged submit to the Department. c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below

d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment

e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment

Size of Proposed Alteration Proposed Replacement (if any)

f. Coastal Banks 1. linear feet g. Rocky Intertidal

Shores 1. square feet

h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt

Ponds 1. square feet

2. cubic yards dredged j. Land Containing

Shellfish 1. square feet

k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above

1. cubic yards dredged l. Land Subject to

Coastal Storm Flowage 1. square feet

4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional

amount here.

a. square feet of BVW b. square feet of Salt Marsh

5. Project Involves Stream Crossings

a. number of new stream crossings b. number of replacement stream crossings

wpaform3.doc • rev. 3/10/2016 Page 4 of 9

Massachusetts Department of Environmental Protection Provided by MassDEP:

Bureau of Resource Protection - Wetlands MassDEP File Number

This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Notice of Intent – Required Actions (310 CMR 10.11).

Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review

1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the

Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to

http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. If yes, include proof of mailing or hand delivery of NOI to: a. Yes No

Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 8/1/17 1 Rabbit Hill Road Westborough, MA 01581 b. Date of map Phone: (508) 389-6360

If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below).

c. Submit Supplemental Information for Endangered Species Review

1. Percentage/acreage of property to be altered:

(a) within wetland Resource Area percentage/acreage

(b) outside Resource Area percentage/acreage

2. Assessor’s Map or right-of-way plan of site

2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed

tree/vegetation clearing line, and clearly demarcated limits of work 

(a) Project description (including description of impacts outside of wetland resource area & buffer zone)

(b) Photographs representative of the site

 Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulatory-review/). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act.  MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 3/10/2016 Page 5 of 9

Massachusetts Department of Environmental Protection Provided by MassDEP:

Bureau of Resource Protection - Wetlands MassDEP File Number

(c) MESA filing fee (fee information available at http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_fee_schedule.htm). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address

Projects altering 10 or more acres of land, also submit:

(d) Vegetation cover type map of site

(e) Project plans showing Priority & Estimated Habitat boundaries

(f) OR Check One of the Following

1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14,

http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to

310 CMR 10.37 and 10.59.)

2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP

3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management

Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run?

a. Not applicable – project is in inland resource area only b. Yes No

If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either:

South Shore - Cohasset to Rhode Island border, and North Shore - Hull to New Hampshire border: the Cape & Islands:

Division of Marine Fisheries - Division of Marine Fisheries - Southeast Marine Fisheries Station North Shore Office Attn: Environmental Reviewer Attn: Environmental Reviewer 1213 Purchase Street – 3rd Floor 30 Emerson Avenue New Bedford, MA 02740-6694 Gloucester, MA 01930 Email: [email protected] Email: [email protected]

Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office.

wpaform3.doc • rev. 3/10/2016 Page 6 of 9

Massachusetts Department of Environmental Protection Provided by MassDEP:

Bureau of Resource Protection - Wetlands MassDEP File Number

WPA Form 3 – Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Nantucket and The Town of Nantucket Wetlands Bylaw Chapter 136 City/Town

C. Other Applicable Standards and Requirements (cont’d)

4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Online Users: a. Yes No Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b. ACEC number (provided on your 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water receipt page) (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? with all supplementary a. Yes No information you submit to the 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)?

a. Yes No

7. Is this project subject to provisions of the MassDEP Stormwater Management Standards?

a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management

Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in

Stormwater Management Handbook Vol. 2, Chapter 3)

2. A portion of the site constitutes redevelopment

3. Proprietary BMPs are included in the Stormwater Management System.

b. No. Check why the project is exempt:

1. Single-family house

2. Emergency road repair

3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than

or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information

This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12).

Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of

the following information you submit to the Department.

1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.)

2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area.

wpaform3.doc • rev. 3/10/2016 Page 7 of 9

Massachusetts Department of Environmental Protection Provided by MassDEP:

Bureau of Resource Protection - Wetlands MassDEP File Number

3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology.

4. List the titles and dates for all plans and other materials submitted with this NOI. Proposed Site Plan a. Plan Title Bracken Engineering, Inc. Alan M. Grady b. Prepared By c. Signed and Stamped by 10/29/20 1”= 20’ d. Final Revision Date e. Scale

f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not

listed on this form.

6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.

7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.

8. Attach NOI Wetland Fee Transmittal Form

9. Attach Stormwater Report, if needed.

E. Fees

1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority.

Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 15453 10/21/20 2. Municipal Check Number 3. Check date 15454 10/21/20 4. State Check Number 5. Check date Bracken Engineering, Inc. 6. Payor name on check: First Name 7. Payor name on check: Last Name

wpaform3.doc • rev. 3/10/2016 Page 8 of 9

Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number Notice of Intent WPA Form 3 - Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Nantucket El and the Town of Nantucket Wetlands Bylaw Chapter 136 City!Town F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).

I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project locatio ID•~\ ·WW 2. Date l,D ,,ZA, 1Q-uJ 4. Date 10/21/2020 5. Signature of Representative (if any) 6. Date

For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOi Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOi Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements.

The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent.

wpaform3.doc • rev. 2/8/2018

Page 9 of 9

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Important: When A. Applicant Information filling out forms on the computer, 1. Location of Project: use only the tab key to move your 10 Mayhew Lane Nantucket cursor - do not a. Street Address b. City/Town use the return key. 15454 $207.50 c. Check number d. Fee amount

2. Applicant Mailing Address: Julia P. & Gary M. Killian a. First Name b. Last Name

c. Organization 42 Forest Avenue d. Mailing Address Rye NY 10580 e. City/Town f. State g. Zip Code [email protected] h. Phone Number i. Fax Number j. Email Address

3. Property Owner (if different):

a. First Name b. Last Name

c. Organization

d. Mailing Address

e. City/Town f. State g. Zip Code

h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer B. Fees to the category fee list and Fee should be calculated using the following process & worksheet. Please see Instructions before examples in the filling out worksheet. instructions for filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3 (Notice of Intent). Step 2/Number of Activities: Identify the number of each type of activity.

Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions.

Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount.

Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4.

Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50.

noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2

Notice of Intent Application 10 Mayhew Lane Map 41, Parcel 443 Nantucket, MA

1. Introduction

On behalf of the Applicants, Julia P. and Gary M. Killian, LEC Environmental Consultants, Inc., (LEC) is submitting this Notice of Intent (NOI) Application for a proposed pool/patio and improvements to existing structures, driveway, and landscaping at 10 Mayhew Lane. Proposed work activities occur within the 100-foot Buffer Zone to Bordering Vegetated Wetlands (BVW) and an Isolated Vegetated Wetlands (IVW) protected under the Massachusetts Wetlands Protection Act (M.G.L., c. 131, s. 40), its implementing Regulations (310 CMR 10.00, collectively the “WPA”), and the Town of Nantucket Bylaw (Chapter 136) and Wetlands Protection Regulations (Bylaw). A Waiver is requested for the proposed pool within 50-foot Buffer Zone and two-foot separation to high groundwater.

The following NOI Application provides a description of the existing site conditions, Wetland Resource Areas, and proposed project designed to protect the interests and values of the Wetland Resource Areas enumerated within the above-referenced statutes. Details of the proposed project are depicted on the Proposed Site Plan prepared by Bracken Engineering, Inc., dated October 29, 2020 (Appendix C).

2. General Site Description

The 20,018± square foot subject parcel affords frontage off Mayhew Lane (north), west of New Lane and downtown. (Appendix A, Figures 1 and 2). Developed single-family residential properties occur to the east, south, and west. Mayhew Lane bounds the property to the north. BVW exists north of Mayhew Lane.

The site is currently improved by an existing single-family dwelling, surrounded by lawn/landscaped conditions. An existing cottage/garage occurs within the southeastern portion of the lot. An IVW occurs within the southwesterly portion of the subject parcel, surrounding by invasive Asiatic bittersweet (Celastrus orbiculata) entanglements and blackberry (Rubus allegheniensis).

2.1 Floodplain Designation

According to the June 9, 2014, Federal Emergency Management Agency Flood Insurance Rate Map for the Town of Nantucket (25019C0086G), the subject parcel is located within

Page 1 of 5 Notice of Intent Application 10 Mayhew Lane Map 41, Parcel 443 Nantucket, MA

Zone X, Areas determined to be outside the 0.2% annual chance flood (Appendix A, Figure 3).

2.2 Natural Heritage and Endangered Species Program Designation

According to the 14th Edition of the Massachusetts Natural Heritage Atlas (effective August 1, 2017) published by the Natural Heritage & Endangered Species Program (NHESP), the subject parcel is not located within an Estimated Habitat of Rare Wildlife or Priority Habitat of Rare Wildlife (Appendix A, Figure 4).

3. Wetland Boundary Determination Methodology

LEC conducted a site evaluation on March 3, 2020, to identify and characterize existing protectable Wetland Resource Areas located within or immediately abutting the site. The BVW and IVW boundaries were determined through observations of the existing plant communities, using the “fifty percent criteria” to determine dominance of wetland/upland vegetation, the interpretation of soil characteristics, and other indicators of hydrology, in accordance with the principals of DEP’s handbook, Delineating Bordering Vegetated Wetlands under the Massachusetts Wetlands Protection Act (March 1995), the Field Indicators for Identifying Hydric Soils in New England-Version 4, May 2017, and the criteria set forth in 310 CMR 10.55(2) and the Bylaw, specifically analyzing the depth of high groundwater within 18 inches of the ground surface.

Based on these methods, the boundaries of the on-site IVW (#’s 1-6) and BVW (A-C) north of Mayhew Lane were demarcated with sequentially numbered blaze orange surveyor’s tape with the words “LEC Resource Area Boundary” embossed in bold, black print. As survey-located by Bracken Engineering, Inc., the wetland flagging locations are depicted on the Proposed Site Plan (Appendix C). Field Data Forms (Appendix B) supporting the delineation have been included.

4. Wetland Resource Area Descriptions

On-site Wetland Resource Areas include BVW and IVW, as described below.

4.1 Bordering Vegetated Wetlands

Bordering Vegetated Wetlands (BVW) are defined in 310 CMR 10.55(2) as freshwater wetlands which border on creeks, rivers, streams, ponds, and lakes. In these areas soils

Page 2 of 5 Notice of Intent Application 10 Mayhew Lane Map 41, Parcel 443 Nantucket, MA

are saturated and/or inundated such that they support a predominance of wetland indicator plants. The boundary of BVW is the line within which 50% or more of the vegetational community consists of wetland indicator plants and saturated or inundated conditions exist.

The BVW north of Mayhew Lane is occupied by a cattail (Typha spp.) marsh with fringing scrub shrub wetland habitat containing arrowwood, highbush blueberry (Vaccinium corymbosum), winterberry (Ilex verticillata), pussy willow (Salix discolor), Virginia rose (Rosa virginiana), multiflora rose (Rosa multiflora), and bush honeysuckle shrubs. The BVW between Mayhew Lane and Grove Lane (north) continues to the west and is part of a larger wetland system.

4.2 Isolated Vegetated (Freshwater) Wetland

A vegetated Freshwater Wetland is defined within Section 1.02 of the Nantucket Wetlands Protection Regulations as a wet meadow, freshwater marsh, swamp, bog, pond, lake, creek, or stream; an area of low topography where ground water, flowing water, standing surface water, or ice provides a significant part of the supporting substrate for a plant community for at least five months a year; characterized by emergent and submergent plant communities in inland waters; and/or where depth to high groundwater is within 18 inches of the ground surface, and/or exhibits hydric soil characteristics and includes that portion of any inland bank which touches any inland waters. Freshwater wetlands are not defined to include drainage facilities constructed to include wetland vegetation as treatment for stormwater runoff.

The 317± square foot on-site IVW is overgrown with encroaching invasive Asiatic bittersweet and blackberry. Minimal soft rush (Juncus effusus) and grass-leaved goldenrods (Euthamia graminifolia) occupy the interior portions of the IVW. The IVW currently offers limited wetland functions and values considering its small size, lack of vegetative diversity, encroaching invasive species, and geographic location surrounded by developed conditions.

5. Proposed Project

The Applicant is proposing the following as depicted on the Proposed Site Plan:

• 12’ x 20’ pool (5 feet deep) with surrounding dry laid stone patio;

• Driveway improvements, including a reconfigured/expanded brick driveway and walkway; Page 3 of 5 Notice of Intent Application 10 Mayhew Lane Map 41, Parcel 443 Nantucket, MA

• Structural Improvements, including an expanded front stoop, southerly deck expansions, new east side deck abutting relocated A/C units, and modification and removal of deck off the guest house/garage; and

• Landscaping improvements.

New structural improvements identified above are all located outside of the 50-foot Buffer Zone to the BVW and IVW. No aspect of the project is proposed within the 25- foot Buffer Zone as defined by the erosion control barriers depicted on the Proposed Site Plan. The proposed pool is located within the 50-foot Buffer Zone. A Waiver is consequently requested, as reviewed below, and the Applicants are proposing mitigation to restore and enhance the IVW and associated 25-foot Buffer Zone.

6. Waiver Request

The Applicant respectfully requests a Waiver for the proposed pool within the 50-foot Buffer Zone and separation to high groundwater, and restoration of the IVW and associated 25-foot Buffer Zone, in accordance with Section 1.03 F.3. a) & c) of the Nantucket Wetlands Protection Regulations.

Alternative locations for the proposed pool were explored during design planning. The existing lawn area west of the house, outside of the 50-foot Buffer Zone to the IVW (south) and BVW (north), is not viable due to the 30-foot front yard zoning setback. There are no viable locations outside of the 50-foot Buffer Zone on the subject property to site the pool. However, as stated above, the 317± s.f. IVW provides diminished functions and values due to its small size, lack of vegetative diversity, encroaching invasive species, and geographic location surrounded by developed conditions.

The proposed 12’ x 20’ pool (5 feet deep) within the existing lawn area will not result in an adverse impact on the IVW or its limited interests. A soil boring was conducted the week of October 19, 2020. Actual high groundwater was documented at 74 inches deep. The five-foot-deep pool has been designed to avoid encroachment into the observed groundwater. Mottles were observed above 74 inches; however, it is unclear whether groundwater fluctuates any higher for any extended period of time. The Waiver has therefore been conservatively requested, if needed. Should any dewatering be required, excess water will be pumped to a DirtBag™ encircled by straw bales within the lawn area.

Page 4 of 5 Notice of Intent Application 10 Mayhew Lane Map 41, Parcel 443 Nantucket, MA

Under existing conditions, 470± s.f. of the 25-foot Buffer Zone is occupied by lawn, while the remaining vegetated areas (2,493± s.f.) are overgrown with invasive Asiatic bittersweet entanglements and blackberry (see photo). The IVW does not currently provide significant wildlife habitat value.

The Applicant is proposing to restore and enhance the IVW and 25-foot Buffer Zone, including the 470± s.f. of lawn area. Utilizing Best Management Practices (BMPs), Asiatic bittersweet will be removed by hand, bagged, and brough to the Madaket digester. Following removal of existing vegetative debris, native plantings will be introduced. The IVW will be planted with highbush blueberry (Vaccinium corymbosum) and winterberry (Ilex verticillata) shrubs (2-3 foot minimum) in clusters of 2-4 individuals, 3-5 feet on center along with individual blue flag (Iris versicolor), rose mallow (Hibiscus moscheutos), and Atlantic Joe-Pye Weed (Eutrochium dubium) plugs. The 25-foot Buffer Zone will be planted with red maple (Acer rubrum) saplings, 4-6 feet (minimum); arrowwood (Viburnum dentatum) and bayberry (Myrica pensylvanica) shrubs; and butterfly weed (Asclepias tuberosa) and switch grass (Panicum virgatum) plugs, in addition to a native fescue seed mix. The restoration area totals 3,280± s.f.

Restoration of the IVW and associated 25-foot Buffer Zone will provide a long-term net benefit to the IVW that will offer improved wetland functions and values.

7. Summary

On behalf of the Applicants, Julia P. and Gary M. Killian, LEC is submitting this NOI Application for a proposed pool/patio and improvements to the existing single-family dwelling, driveway and landscaping within the 100-foot Buffer Zone to BVW and IVW protected under the WPA and/or Bylaw. The proposed project has been designed to avoid adverse impacts and restore/enhance the IVW and 25-foot Buffer Zone to provide a long-term net benefit/improvement over existing conditions.

Page 5 of 5 Literature Referenced

Federal Emergency Management Agency Flood Insurance Rate Map, Town of Nantucket (25019C0086G) effective June 9, 2014.

Massachusetts Natural Heritage Atlas, 14th Edition. Natural Heritage & Endangered Species Program, Massachusetts Division of Fisheries and Wildlife, Route 135, Westborough, MA 01581, http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm..

Massachusetts Wetlands Protection Act (M.G.L. c. 131, §. 40) and its implementing Regulations (310 CMR 10.00), www.state.ma.us/dep.

Sorrie, B. and Dunwiddie, P. 1996. The Vascular and Non-Vascular Flora of Nantucket, Tuckernuck, and Muskeget Islands. Massachusetts Audubon Society, Massachusetts Natural Heritage and Endangered Species Program, Nantucket Maria Mitchell Association, and The Natural Conservancy.

Town of Nantucket Bylaw (Chapter 136) and Wetlands Protection Regulations.

United States Department of Agriculture, Soil Conservation Service, in cooperation with Massachusetts Agricultural Experiment Station, Soil Survey for Nantucket County, Massachusetts, issued June 1979. Appendix A

Locus Maps Figure 1: USGS Topographic Map Figure 2: Aerial Orthophoto Figure 3: FEMA Flood Insurance Rate Map Figure 4: NHESP Map LOCUS

USGS Topographic Map acquired from the Office of Geographic Information (MassGIS) website. 0450 900 1,800 Feet 1:25,000 USGS Topographic Maps - April 2001

Figure 1: USGS Topographic Map

LEC Environmental Consultants, Inc. 10 Mayhew Lane

Plymouth, MA ± Nantucket, Massachusetts 508.746.9491 October 23, 2020 www.lecenvironmental.com 2019 Aerial Orthophoto acquired from the Office of Geographic Information 0 100 200 400 (MassGIS) website. Feet

Figure 2: Aerial Orthophoto Map

LEC Environmental Consultants, Inc. 10 Mayhew Lane

Plymouth, MA ± Nantucket, Massachusetts 508.746.9491 October 23, 2020 www.lecenvironmental.com LOCUS

Figure 3: FEMA Map

LEC Environmental Consultants, Inc. 10 Mayhew Lane

Plymouth, MA ± Nantucket, Massachusetts 508.746.9491 October 23, 2020 www.lecenvironmental.com LOCUS

2019 Aerial Orthophoto acquired from the Office of Geographic Information 0 450 900 1,800 (MassGIS) website. Feet

Figure 4: NHESP Map

LEC Environmental Consultants, Inc. 10 Mayhew Lane

Plymouth, MA ± Nantucket, Massachusetts 508.746.9491 October 23, 2020 www.lecenvironmental.com Appendix B

Field Data Forms Section II. Indicators of Hydrology 10 Mayhew Lane, Nantucket (T1/P2) Other Indicators of Hydrology: (check all that apply & describe)

Hydric Soil Interpretation  Site Inundated: ______

1. Soil Survey  Depth to free water in observation hole: ______

Is there a published soil survey for this site? YES  Depth to soil saturation in observation hole: ______title/date: NRCS Web Soil Survey map number:  Water marks: ______soil type mapped: Klej & Pompton soils hydric soil inclusions:N/A  Drift lines: ______

Are field observations consistent with soil survey? NO  Sediment Deposits: ______Remarks:  Drainage patterns in BVW: ______

 Oxidized rhizospheres: ______

 Water-stained leaves: ______2. Soil Description Horizon Depth Matrix Color Mottles Color  Recorded Data (streams, lake, or tidal gauge; aerial photo; other): O 0.5-0” ______A 0-8” 10 YR 2/1 N/A ______B 8-24” 10 YR 5/8 N/A ______Remarks:  Other: ______Plot taken with hand-held auger upgradient of wetland flags #2 & 3

3. Other: Vegetation and Hydrology Conclusion Yes No Conclusion: Is soil hydric? NO Number of wetland indicator plants > # of non-wetland indicator plants _____ X

Wetland hydrology present:

Hydric soil present _____ X

Other indicators of hydrology present _____ X

Sample location is in a BVW _____ X

Submit this form with the Request for Determination of Applicability or Notice of Intent. 10 Mayhew Lane, Nantucket (T1/P1) Section II. Indicators of Hydrology Other Indicators of Hydrology: (check all that apply & describe)

 Site Inundated: ______Hydric Soil Interpretation  Depth to free water in observation hole: @ 6” 1. Soil Survey “  Depth to soil saturation in observation hole: @ surface Is there a published soil survey for this site? YES title/date: NRCS Web Soil Survey  Water marks: YES map number: soil type mapped: Klej & Pompton soils  Drift lines: ______hydric soil inclusions:N/A  Sediment Deposits: ______Are field observations consistent with soil survey? NO Remarks:  Drainage patterns in BVW: ______

 Oxidized rhizospheres: YES

 Water-stained leaves: YES 2. Soil Description  Horizon Depth Matrix Color Mottles Color Recorded Data (streams, lake, or tidal gauge; aerial photo; other): ______O 1-0” ______A 0-6” 10 YR 2/1 ______B 6-18” 10 YR 6/1 10 YR 5/8

 Remarks: Other: ______Plot taken with hand-held auger downgradient of wetland flags #2 & 3

3. Other: Vegetation and Hydrology Conclusion Yes No Conclusion: Is soil hydric? YES Number of wetland indicator plants > # of non-wetland indicator plants _____ X

Wetland hydrology present:

Hydric soil present X _____

Other indicators of hydrology present X _____

Sample location is in a IVW X _____

Submit this form with the Request for Determination of Applicability or Notice of Intent. MassDEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form

Applicant Killian Prepared by: LEC Environmental Project location:10 Mayhew Lane, Nantucket DEP File #:______Check all that apply:  Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only  Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and II  Method other than dominance test used (attach additional information)

Section I.

Vegetation Observation Plot Number: 2 Transect Number: 1 Date of Delineation: 3/2/20 A. Sample Layer & Plant Species B. Percent Cover C. Percent D. Dominant Plant (yes or no) E. Wetland Indicator Category* (by common/scientific name) (or basal Area) Dominance Ground Lawn 63.0 62.4 Yes NI Blackberry (Rubus allegheniensis) 38.0 37.6 Yes NI

Vine Asiatic bittersweet (Celastrus orbiculata) 63.0 100.0 Yes NI

* Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act (MGL c.131, s.40); plants in the genus Sphagnum; plants listed as FAC, FAC+, FACW-, FACW, FACW+, or OBL; or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations, describe the adaptation next to the asterisk.

Vegetation conclusion: Number of dominant wetland indicator plants: 0 Number of dominant non-wetland indicator plants: 3

Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? yes NO

If vegetation alone is presumed adequate to delineate the BVW boundary, submit this form with the Request for Determination of Applicability or Notice of Intent MassDEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form

Section I.

Vegetation Observation Plot Number: 1 Transect Number: 1 Date of Delineation: 3/2/20 A. Sample Layer & Plant Species B. Percent Cover C. Percent D. Dominant Plant (yes or no) E. Wetland Indicator Category* (by common/scientific name) (or basal Area) Dominance Ground Blackberry (Rubus allegheniensis) 38.0 65.0 Yes NI Grass-leaved Goldenrod (Euthamia graminifolia) 20.5 35.0 Yes FAC *

Vine Asiatic bittersweet (Celastrus orbiculata) 85.5 100.0 Yes NI

Vegetation conclusion: Number of dominant wetland indicator plants: 1 Number of dominant non-wetland indicator plants: 2

Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? yes NO

If vegetation alone is presumed adequate to delineate the BVW boundary, submit this form with the Request for Determination of Applicability or Notice of Intent Appendix C

Proposed Site Plan, Prepared by Bracken Engineering, Inc., Dated October 29, 2020

SHELTER 7 LLC IN NO EVENT SHALL BE LIABLE IN ANY CAPACITY, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL USE ARISING OUT OF, OR CONNECTED WITH ANY OF THESE ARCHITECTURAL DRAWING. ARCHITECTURAL THESE OF ANY WITH CONNECTED OR OF, OUT ARISING USE INCIDENTAL OR CONSEQUENTIAL INDIRECT, DIRECT, INCLUDING CAPACITY, ANY IN LIABLE BE SHALL EVENT NO IN LLC 7 SHELTER

UT PRIOR APPROVAL OF SHELTER 7 LLC. 7 SHELTER OF APPROVAL PRIOR UT WITHO PERMITTED IS DOCUMENTS THESE OF PUBLICATION NO LLC, 7 SHELTER OF PROPERTY SOLE THE ARE CONTAINED DESIGNS AND DRAWINGS ALL

Nantucket, MA 02554 MA Nantucket,

978 764 6802P 508 257 4001F 257 508 6802P 764 978

10 Mayhew Lane, Mayhew 10

RE-ISSUE 0 [email protected]

41 443

NANTUCKET, MA 02554 MA NANTUCKET, 0

Killian Julia P & Gary M Gary & P Julia Killian Seven's Heaven Seven's Site Plan, Locus Plan, Site 10.21.2020

PO BOX 1602 BOX PO

c SHELTER 7 SHELTER ISSUE CLIENT PROJECT DESCRIPTION 1 MAP / / MAP PARCEL / Solid Cedar Fence w/ NTW Gates, N/F MAP 41 PARCEL 396 PARCEL Proposed A/C Condenser Location Unit New Proposed Outdoor Shower Proposed Covered Porch, 328 SF EquipmentandPool AC Condensers Gravelon Pea 140SF Base, JOHN C. MERSON C. JOHN CAROLBUNEVICH &

TO BVW

1/8" Pergola Add

lk 0'-7 BUFFER 100'

Proposed Front Door, Deck and (09/16/2020) Shower Outdoor 1 a

3 Bin Trash Box 3 Bin Trash Box

S "

Proposed Front StoopAnd Railing Type Picket w/ Arbor II White Gate, Proposed Picket Fence with Section Gate 10'

k k

1 ic

1 r

Blue StonePatio470SFBlue withFire Place, Gas

2 1

9'-0 1/

- "

2 1

8 '

9 /

8 2 50' BUFFER BVW TO

10'-6"

- "

ot 0

- 1

C 2 '

F g

S i

9 E

GRAVEL DRIVEWAY GRAVEL

' 4

14'-0" 1 25' BUFFER BUFFER 25' BVW TO 8"

5'-1 3/

' 8 N/F

4" MAP41 9'-0 3/

1 PARCEL 444 8" -0 3/ HARVEY LEE ROBIN /8" 6' 15'-11 1

1'-61"'-6

. .

t Existing Main House

0 5 Blue Stone Patio Proposed 8'x14' Pool

Painted White Painted

f u

" 8 50 / 5 s Proposed Type II Picket Fence, 8 '-

1 o 3

R r P

n P w

r n

d f

E u

5 l 2 P

" 0 - ' 4 t i S 1" = 10'-0" TO BVW

25' BUFFER BUFFER 25' 1 n Proposed Picket Fence, Type II, White o N/F i MAP41 t PARCEL 445 a BRENDA HALL LEE HALL BRENDA " v 8 / 5

1 e l " 2 / E 1

" 8 e / 5

1 c n " 2 / 1

e 3 F 3/4" = 1'-0" 4 E N S N W N/F Remove Gravel Gravel Remove Path A/C Relocate Condenser MAP 41 MERSON & JOHN C. C. JOHN & PARCEL 396

Existing Main House

lk a

CAROL BUNEVICH w

Relocate Existing Existing Relocate Privet

S k k

Demo Deck

Demo Hot Tub

F g

S i W

L D L

R G N/F MAP 41 PARCEL 444

ROBIN LEE HARVEY LEE ROBIN S

d d

N a

r a

e f ol

uf g

B r

. e

t P

A F 0 o o

D L m

e f f e u B

t D

F W

5 2 ,

g E n n

a i

t H Of

ge i

x E Y

T -

A A

R n P a

a M M l N/F P E MAP41

PARCEL 445

s e BRENDA HALL LEE HALL BRENDA S N S u t N c i T W S o 1" = 20'-0" N L 3/4" = 1'-0" 3 N/F LYNCH MAP 41 2 PARCEL 447 FRANCISJ. & KATHERINE M. Level 2 6" 10' - 0" 12" 3 1/2" 12" 8" 12" " 4 / 1

4 - ' 4 " 4 / 3

7 - ' 8 " 0 - '

3 Level 1 0' - 0" " 2 / 1 Grade 3 - ' 1 -1' - 11" 11'-8 1/2" Approved East El evati on 2

1/4" = 1'-0" SHELTER 7 1602 PO BOX NANTUCKET, MA 02554 [email protected] 978 764 6802P 508 257 4001F

12" Level 2 3 1/2" 6" Previ ousl y Approved North El evati on 12" 10' - 0" 8 12" 8"

3/16" = 1'-0" ISSUE RE-ISSUE 10.21.2020

Level 1 0' - 0" Grade -1' - 11" 5 1/2" 7'-4 3/8" 5 1/2" 10'-7 3/4" 5 1/2" 7'-4 3/8" 5 1/2"

27'-2 1/2"

Existing Dormers Existing Windows With Shutters Roof Approved South El evati on 29' - 4" 1 UT UT PRIOR APPROVAL OF SHELTER 7 LLC. 1/4" = 1'-0" Killian Julia P & Gary M &Gary P Julia Killian CLIENT

MAP / 41 PARCEL / 443

Level 3 Level 3 18' - 6" 18' - 6" Seven's Heaven 10 Mayhew Lane, Nantucket, MA 02554 PROJECT

Level 2 Level 2 10' - 0" 10' - 0" 12" 12" 8" 3 1/2" " 4 / 1

6 - ' 1 1 " DESCRIPTION ElevationsExterior 0 - ' 6 ALL ALL DRAWINGS AND DESIGNS CONTAINED ARE THE SOLE PROPERTY OF SHELTER 7 LLC, NO OF THESE PUBLICATION DOCUMENTS IS PERMITTED WITHO SHELTER 7 LLC IN NO EVENT BE SHALL IN ANY LIABLE CAPACITY, DIRECT, INCLUDING ORUSE OUT INDIRECT, CONSEQUENTIAL ARISING OF,INCIDENTAL OR CONNECTED WITH ANY OF DRAWING.THESE ARCHITECTURAL Level 1 Level 1 0' - 0" 0' - 0"

Grade 10/5/15 -1' - 11" Grade -1' - 11" PropOmito sRailinged North El evati on New Front Stoop and Railing Existing Front Door Trim Approved West El evati on a 7 3 COPYRIGHT 1/4" = 1'-0" 1/4" = 1'-0" 1 0 1 No Change

No Change SHELTER 7 1602 PO BOX NANTUCKET, MA 02554 [email protected] 978 764 6802P 508 257 4001F

26'-9"

7'-9 7/8" 11'-1 1/4" 7'-9 7/8" 1 104a ISSUE RE-ISSUE 10.21.2020 " 3

9' Long URBAN BONFIRE OUTDOOR KITCHEN Hip Ceiling Line - 3-1/2" Pitch - '

3 Fur Out Wall by 4" "

Level 1 - Existi ng/ De mo 8 / 3

1 2 - ' 5 3/16" = 1'-0" " 7 - ' 1 1 " 2 - ' 3 " 4 / 3 UT UT PRIOR APPROVAL OF SHELTER 7 LLC.

4 -

' 9 1/2" 2 Killian Julia P & Gary M &Gary P Julia Killian CLIENT

Pantry Roll-Out 10'-6 1/2" MAP / 41 PARCEL / 443 Cased Opening Office Dining 109 107 169 SF 288 SF No Change 1 1'-3 1/2" 106 Bar Below Stairs No Change Load Bearing Post - Match Existing Make "Niche" Out Of " Cased Openings 4 / 1

12'-11 1/2" 0 - '

3'-2 3/4" 1 Seven's Heaven 10 Mayhew Lane, Nantucket, MA 02554 PROJECT " 6 - ' 1 3 Living 107 Microwave 2'-0" Mudroom 108 Hall Drawer " 6 - ' "

9 102 8 454 SF / 2'-5 3/8"

7 104

9 -

' 3'-5 1/2"

1 82 SF 109 SF Kitchen "

8 3'-0 5/8" / SUBZERO IT-36CIID 7

6'-7 7/8" 106 9 2'-4" - ' 1 6'-7 7/8" 2'-6" 199 SF 6'-8" Powder Room Built-in Pantry, "

3'-6 1/4" 0 1 Closet " - Shelving 5 ' 8 2 /

1 103

- 105a ' 2 21 SF

7'-6 7/8" 7" 4'-10 5/8" DESCRIPTION Plans FirstFloor " 2 ALL ALL DRAWINGS AND DESIGNS CONTAINED ARE THE SOLE PROPERTY OF SHELTER 7 LLC, NO OF THESE PUBLICATION DOCUMENTS IS PERMITTED WITHO SHELTER 7 LLC IN NO EVENT BE SHALL IN ANY LIABLE CAPACITY, DIRECT, INCLUDING ORUSE OUT INDIRECT, CONSEQUENTIAL ARISING OF,INCIDENTAL OR CONNECTED WITH ANY OF DRAWING.THESE ARCHITECTURAL - '

Electrical Panel In This Wall 4 (2) 2x4 Wall " 4 / 1

1 10/5/15 1 3'-3" 5'-0" 3'-3"

11'-6" Change Front Stoop and Railing Level 1 a 2 COPYRIGHT

1/4" = 1'-0" 1 0 2

November 11, 2020

Peter & Princess Devlin 38 Glen Road Winchester, MA 01890

Nantucket Conservation Commission 2 Bathing Beach Road Nantucket, MA 02554

Re: Notice of Intent Application 10 Mayhew Lane Map 41, Parcel 443 Nantucket, MA

Dear Members of the Commission:

We own property at 7 Meadow Lane, which abuts the above-referenced parcel, and are writing to provide input regarding the notice of intent application. We would like to attend the Public Hearing at 5:00 p.m. on November 19, 2020, which we understand will be held via remote participation. Please provide us with sign-in information.

While we do not necessarily object to the application, we do have a number of concerns that we ask the Commission to consider. We are primarily concerned with groundwater issues. We understand that groundwater was observed at 74", but this has been a year of record droughts in Massachusetts. In more “normal” years, it would seem that the groundwater would appear at higher levels. Additionally, we wonder whether groundwater levels in the fall season (the test was performed in late October) accurately reflect the groundwater situation during other times of the year, e.g., in the spring. Finally, we are concerned about the significance of mottles having been observed at unspecified higher levels.

On a related note, we see from the site plan on page 37 of the application that the designated “isolated vegetated wetland” is relatively small (approximately 300 sq. feet). While we have no reason to question the designation itself, as noted above 2020 has been a very dry year. In more “normal” years, it would seem that the isolated vegetated wetland would be larger, perhaps significantly so.

Returning to the groundwater level issue, we note that the pool has a projected depth of 60” (i.e., 5 feet). This is only 14” above the observed groundwater level, and as noted previously, mottles have been observed above that level. Although the application claims that "the pool has been designed to avoid encroachment into the observed groundwater", the design of the pool itself is not shown on the plans or explained in the narrative. There is no detail about the composition of the pool (e.g., concrete or vinyl lined); we understand that the walls of a Gunite/concrete pool would be at least 12" thick. Regardless, either material will require removing current boulders, adding several inches of trap rock and compacting and leveling the site beneath the bottom surface of the pool. The engineers propose the construction of a "DirtBag" to receive pumped excess ground water if necessary. However, neither the design detail nor the location of the "DirtBag" or the pump and piping are shown on the plan.

We respectfully request the Conservation Commission to carefully inquire into all of the issues we have raised. Thank you.

Very truly yours,

Peter & Princess Devlin

January 20, 2021

Email/Overnight Delivery

Nantucket Conservation Commission 2 Bathing Beach Road Nantucket, MA 02554

Re: Notice of Intent Application [LEC File #: BrEI\20-086.01] DEP File #SE48-3356 10 Mayhew Lane (41-443) Nantucket, Massachusetts

Dear Members of the Commission:

LEC Environmental Consultants, Inc., (LEC) is submitting revised materials on behalf of the Applicants, Julia and Gary Killian, to supplement the previously submitted NOI Application. Specifically, the proposed pool/patio has been revised to be located outside of the 50-foot Buffer Zone and the pool design has been modified to increase the separation to high groundwater.

Based on feedback from the building commissioner, the actual, legally approved road layout line for Mayhew Lane and associated front yard setbacks were clarified, enabling the relocation of the pool to the existing lawn area west of the single-family dwelling, outside of the 50-foot Buffer Zone. The pool/patio is proposed to be raised (El. 17.0). A four-foot-deep fiberglass pool has been selected to minimize the excavation footprint in comparison to a typical gunite/concrete pool foundation. The proposed fiberglass pool will be set above documented redoximphorphic features within the soil profile, and therefore avoid intrusion into high groundwater. Project details are depicted on the Proposed Site Plan, prepared by Bracken Engineering, Inc., revised January 15, 2021.

The Applicants remain committed to restoring the degraded IVW and 25-foot Buffer Zone, as originally proposed. Restoration of the IVW and associated 25-foot Buffer Zone will provide a long-term net benefit to the IVW that will offer improved wetland functions and values. Furthermore, the proposed pool design avoids adverse impacts to the on-site IVW and/or northerly, off-site BVW.

We look forward to discussing the revisions at the January 28, 2021 Public Hearing. Please don’t hesitate to contact me with any questions in advance of the hearing.

Sincerely, LEC Environmental Consultants, Inc.

Brian T. Madden Wildlife Scientist