Amid protests Planning Board approves Gardner Road development, 3-2
Five lots also proposed off East Creek Road, behind Marine Lumber
BY PETER B. BRACE INDEPENDENT WRITER
Before a packed room of angry neighbors and abutters questioning its reviewing procedures and general logic, the Planning Board approved the controversial Pippen's Way subdivision by a 3-1 vote Monday night.

The development proposal for eight buildable lots, with the potential for 16 dwellings, raised the ire of those in the area because of its density, potential environmental damage to nearby wetlands and Nantucket Harbor, impact on the Slosek family's ability to continue farming their land and rights of way issues on Gardner Road.

Theatrics and animation ruled the night as most of the neighbors and abutters to the project - who bombarded the Planning Board with comments, criticism and questions at its Aug. 14 meeting - continued their campaign to reduce the number of lots, and thereby lessen neighborhood impacts and keep Moors End Farm in business.

The public hearing opened with Pippen's Way attorney Dan Bailey and engineer Dan Mulloy presenting the board with missing information on endangered species on the property, off-site bike path contributions and whether the Slosek's need a 500-foot buffer zone when fertilizing their crops near new wells.

As Bailey explained, the area is a potential habitat for six species of moths, five of which are classified as species of special concern by the required Massachusetts Natural Heritage and Endangered Species Program survey. The area also could be home to one moth that is listed as threatened, and to the Northern harrier hawk, also listed as threatened. Bailey said that MNHESP believes four of the moth species live on the site, but that there are no Northern harriers.

As to Steve Slosek's apprehension that a 500-foot buffer was required between fertilizer application and new wells, Bailey said that only the Federal Food & Drug Administration had such a reference in its laws, and that it suggested the mixing of fertilizers at a minimum of 400 feet from water wells. He also told the board that the developer, See Terrier Farms Trust, would contribute $20,000 to off-site bike path construction. Bailey also said that See Terrier Farms Trust would place a conservation restriction on 2.5 acres of the 20.9-acre property, an area already protected by the Nantucket Wetlands Protection bylaw.

In response to requests for the installation of groundwater monitoring wells between the lots and the wetlands west and northwest of them, Bailey said his client would not put in the wells, despite conflicting opinions on whether the board can require this condition. See Terrier Farms Trust's Conservation Commission order of conditions did not order such monitoring wells.

With that information in hand, the board then took comments from the public, some of which it had heard at prior meetings and through letters.

Putting her family's concerns into perspective, and pleasing the board with her concise, grounded comments, Abigail Slosek told the board that her family worried that fertilizing noise would upset their new neighbors more than unfounded threats to their wells.

"It's a not a visual concern at all, we don't care whether there's houses; they're houses," said Slosek. "What we're worried about is the noise ordinance. We have to spray at four o'clock, five o'clock in the morning. We're concerned with these new neighbors, seven of them abutting right where the fields would be. Are they going to complain and are we never going to be able to do that again? Also, with the pesticide use, there's always somebody with a kid that has asthma, [if] something like that comes up, we just want to be sure that all of it is covered and we'll still be able to grow crops and farm like we have in the past and we hope to in the future."

Gardner Road access to Pippen's Way drew much discussion as well, with many people questioning See Terrier Farms Trust's rights on Gardner Road. If proven to have usage rights on the 33-footwide road, the developer would cut back overgrown brush and pave the road from Polpis Road to Pippen's Way, which would end in a cul-de-sac.

Several people speculated out loud that See Terrier Farms Trust's Gardner Road rights would be challenged in Massachusetts Land Court.

"One thing that is a big question for me is how you can have a private way that is going to have legal access to this development, how do they have rights to this private road," wondered Rebecca Lambert- Bent of 2 South Valley Road, the incoming president of the Shimmo Association.

If See Terrier Farms Trust does have rights on this road, it will center it in the right of way, likely adding and removing property from lots along it to realign it.

Another subject of great consternation among opponents of the proposal was the planning staff's writing of a draft letter of approval when it was not directed to do so at the board's Aug. 15 meeting. Although the planning staff can draft approval letters without a Planning Board vote, many opponents, crying foul, felt the board had already made up its mind on the development.

ENCROACHING ON THE CREEKS

Likely to raise similar hackles of the property owners along Orange Street, around the Creeks and on East Creek Road, the Planning Board's preliminary approval of a five-lot subdivision with two lots buildable at 12 and 14 East Creek Road will probably be followed by the filing of a definitive plan from owners Michael Rosen, Charlie Rosen and Elizabeth Reiniger.

Admitting that her clients did not want to overdevelop their 1.3 acres just north of East Creek Road and west of Marine Home Center, island attorney Melissa Philbrick told the board her clients already have a building each on two lots, with another lot being the road, and that the other two lots are vacant. She added that there would be no secondary dwellings.

In a 20-foot road layout, including a five-footwide utilities easement, she wants to put in a 16-footwide gravel access road. This road would run between Harbor Terrace and East Creek Road and be accessible only to property owners.

Planning Board member Barry Rector said East Creek Road would need to be improved to gravel and possibly paved. He agreed with Planning Board Chairman Frank Spriggs that the interior road could be 16 feet wide and that her clients would install, as directed by the board, all appropriate drainage structures.

With this preliminary approval, the Rosens and Reiniger will have eight months to file a definitive plan with the Planning Board before having to re-file

their preliminary plan. I