The Conservation Commission held a meeting in the Basement Mural Room of Town Hall on Tuesday, June 25, 2002 beginning at 7:30 p.m. Members present were Acting Chairman Samuel Butcher, Thomas Gill, Brendan Halligan, Anne Hill, Mark Mahoney, Arthur Vautrain and Joseph Grady, Conservation Administrator. Friend Weiler was absent.
1. PM, NICHOLS, 154 MARSHALL ST., SHED
The applicant, Fran Nichols explained the project which was to construct a utility shed in the buffer to salt marsh. The shed would be constructed on sonotubes and be located 47 feet from the wetlands. Mr. Mahoney made a motion that was seconded to issue a negative determination that a Notice of Intent is not required. The motion passed unanimously.
2. CONT’D. PH, SERGI, 1 OCEAN RD. SOUTH, SE 18-1147
Representing the applicant were Attorney John McCluskey and the property owners Richard Sergi and Arthur Sergi, Jr. Mr. McCluskey explained that Mr. Arthur Sergi was handicapped and the pavement allowed him easier access into the property. He asked that the Commission consider allowing the pavement to remain. The Commission reviewed the issues of pavement on the applicant’s property and the pavement that the applicant placed on the abutting Duxbury Beach Reservation Inc.’s property. Mr. Butcher read a letter dated April 5, 2002 from DBR Inc. requesting the pavement be removed. Mr. McCluskey submitted a copy of a letter sent to DBR, Inc. requesting an easement over the DBR, Inc. property. Mr. Mahoney suggested the hearing be continued until the Commission has spoken to DBR, Inc. regarding the
pavement. Mr. Butcher asked that the applicant submit a plot plan showing the amount of pavement on the applicant’s property and the abutting DBR, Inc. property. A letter from an abutter at 10 Ocean Rd. North was submitted requesting that the pavement remain since it allowed him access to the seawall. Mr. Mahoney made a motion that was seconded to continue this hearing to July 23, 2002 at 8:10 p.m. The motion passed unanimously.
3. CONT’D. PH, DUXBURY CONSTRUCTION CO., 72 GOOSE POINT LN., SE 18-1144
Since a file number had been issued Mr. Mahoney made a motion that was seconded to write the Orders of Conditions. The motion passed unanimously.
4. CONT’D. PH, SULLIVAN, 307 BAY RD., SE 18-1130
Representing the applicant were Paul Brogna of Seacoast Engineering and the property owner, Chris Sullivan. Mr. Mahoney recused himself from this hearing. Mr. Brogna reiterated his conversation with the Harbormaster, Don Beers. Mr. Beers had asked the applicant to shorten the length of the float and walkway. Mr. Brogna submitted a revised plan that incorporated Mr. Beers’ recommendations. Mr. Vautrain commented that the Commission prefers the Harbormaster’s comments in writing. Mr. Halligan made a motion that was seconded to write the Orders of Conditions subject to receiving written comments from the Harbormaster. The motion passed 5 – 0.
5. CONT’D. PH, BAYSIDE MARINE, 433 WASHINGTON ST., SE 18-
The applicant submitted a written request to continue the public hearing. Mr. Mahoney made a motion that was seconded to continue this hearing to August 6, 2002 at 8:30 p.m. The motion passed unanimously.
6. PM, D’ANGONA, 70 PETERSON RD., DECK
The applicant Richard D’Angona explained the project which was to replace two existing decks in the buffer to bordering vegetated wetlands. The project conformed to the regulations. Mr. Mahoney made a motion that was seconded to issue a negative determination that a Notice of Intent is not required. The motion passed unanimously.
7. PM, DUXBURY CONSTRUCTION CO., 222 POWDER POINT AVE., SEPTIC
Representing the applicant was Freeman Boynton. The proposed project was replacement of a septic system in the buffer to a coastal beach. The only work within the buffer was installation of the septic tank and pump chamber. Mr. Mahoney made a motion that was seconded to issue a negative determination that a Notice of Intent is not required. The motion passed unanimously.
8. PM, CAMPANELLI, 195 BAY RD., IRRIGATION WELL
Representing the applicant were Ralph Campanelli and Tom Sullivan of Millbrook Survey. The proposed project was installation of an irrigation well 35 feet from bordering vegetated wetlands. Mr. Butcher asked that a siltation barrier be installed around the project during installation. Mr. Mahoney made a motion that was seconded to issue a negative determination that a Notice of Intent is not required, subject to the installation of a siltation barrier. The motion passed unanimously.
9. CONT’D. PH, DUXBURY CONSTRUCTION CO., AMEND OC, SE 18-1104, 260 TEMPLE ST.
Representing the applicant was Freeman Boynton. Mr. Boynton submitted a revised plan that showed a 25-foot undisturbed buffer along the wetlands and the proposed driveway was relocated outside the 25-ft. buffer. Mr. Butcher asked that the applicant submit a coverage calculation showing that the site has less than 15% impervious coverage before paving the driveway. Mr. Mahoney made a motion that was seconded to amend the Orders of Conditions to include the revised plan for the driveway and to require the applicant to submit an impervious coverage calculation proving there is less than 15% coverage with the paving. The motion passed unanimously.
10.CONT’D. PH, GSM REALTY TRUST., 541 WASHINGTON ST., SE 18-1133
Representing the applicant were David Murphy and Paul Brogna of Seacoast Engineering Co. The letter from the Harbormaster, Don Beers was reviewed. Mr. Butcher reiterated his concerns about public safety and the proximity of the site to an adjacent marina. He commented that the area is a narrow channel that is intensively used. Mr. Brogna indicated that he had spoken with Dwight Smith of Long Point Marine who had no problem with the project. Mr. Mahoney made a motion that was seconded to write the Orders of Conditions for the proposed project as presented by the applicant. The vote was two in favor (Gill and Halligan) and 4 opposed (Butcher, Hill, Mahoney and Vautrain). The motion failed. The project was denied.
11. PM, HAYES, 119 DEPOT ST., SEPTIC
Representing the applicant was Paul Brogna of Seacoast Engineering Co. The proposed project was a replacement of a septic system. The only work within the buffer to bordering vegetated was installation of the septic tank and pump chamber and filling the existing cesspools. Mr. Mahoney made a motion that was seconded to issue a negative determination that a Notice of Intent is not required.
12. CONT’D. PH, KAISER, 423 BAY RD., SE 18-1142
The applicant William Kaiser presented a revised plan that downsized the platform. Mr. Kaiser also presented photographs showing the existence of old piles. Mr. Mahoney made a motion that was seconded to write Orders of Conditions. The vote was 5 in favor 1 opposed (Butcher). The motion passed.
13. PH, MERRY & CONCOMM., OFF MODUC ST., SE 18-1148
Representing the applicant were Stanley Merry and Joe Grady, Conservation Administrator. Mr. Grady explained the project which was to create an open field in the buffer to a bog and riverfront area. Mr. Mahoney made a motion that was seconded to write the Orders of Conditions.
14. ADMINISTRATIVE MATTERS
The Commission voted unanimously in favor of a motion to issue an extension to SE 18-767 (Langeland) with the understanding that there will be no further extensions.
The Commission voted unanimously in favor of a motion to issue Certificates of Compliances to SE 18-1010 and SE 18-1011.
The Commission voted unanimously in favor of a motion to issue a Partial Certificate of Compliance for SE 18-1114. The disturbed areas still needed to be stabilized.
The Commission voted unanimously in favor of a motion to expend $3,800 from the Conservation Fund for the construction of a fence at Bay Farm.
The Commission voted unanimously in favor of a motion to pay for the following expenditures from the Conservation Fund – mower ($350), public hearing notice ($35) and bookcase ($165.95).
The Commission voted unanimously in favor of a motion to pay for a retainer of $750 for a 21E assessment of the Delano property with the understanding that the money will be replenished to the Conservation Fund from the Community Preservation Act funds after July 1.
The Commission voted unanimously in favor of a motion to issue an Enforcement Order to Mr. Schein at 19 Ocean Rd. South for construction of an un-permitted structure on a barrier beach.
Meeting adjourned at 10:00 p.m.
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