The Conservation Commission held a meeting in the Basement Mural Room of Town Hall on Tuesday, June 4, 2002 beginning at 7:30 p.m. Members present were Chairman Friend Weiler, Molly Bartlett, Brendan Halligan, Anne Hill, Mark Mahoney, Arthur Vautrain and Joseph Grady, Conservation Administrator. Samuel Butcher was absent.
1. CONT’D. PH, TAYLOR, 128 BAY RD., SE 18-1136
Representing the applicant were Joseph Webby of Webby Engineering Co., Realtor Jerry Dupre, and the property owner Beth Taylor. Mr. Grady reported on his conversation with the Health Agent. The septic tank and pump chamber are to be watertight and that testing to assure tightness of tanks is to be performed during installation. Mr. Mahoney made a motion that was seconded to write the Orders of Conditions. The motion passed unanimously.
2. PH, KAISER, 423 BAY RD., SE 18-1142, DOCK
The applicant, Bill Kaiser explained the project, which was to rebuild a 6’ x 6’ platform in a tidal creek at the edge of the salt marsh that would be accessed by a footpath. As designed the platform would be a foot underwater at high tide. The Commission questioned whether this would be a problem to navigation. Mr. Kaiser reported that there are remnants of old posts. The Commission asked the Conservation Administrator to speak to David Hill at DEP for his review of the proposal and to have the Harbormaster review the project. Mr. Mahoney commented that he would only consider this project if it was a reconstruction. Mr. Mahoney made a motion that was seconded to continue this hearing to June 18, 2002 at 9:25 p.m. The motion passed unanimously.
3. CONT’D. PH, HALEY, 5 OCEAN RD. SOUTH, SE 18-1135
The applicant Arthur Haley was present for the discussion. Mr. Haley submitted a plan of pavement and asked that the Commission take into consideration that he has a family with 5 vehicles. Mr. Mahoney explained the regulation that was developed regarding pavement. The Commission instructed the applicant to reconfigure the amount of pavement to meet the regulations of 500 square feet. Mr. Mahoney made a motion that was seconded to write the Orders of Conditions specifying that the property shall have no more than 500 square feet of pavement by September 15, 2002. The motion passed unanimously.
4. PH, ANDERSON, 3 OCEAN RD. SOUTH, SE 18-1143, PAVING
The applicant Kathleen Anderson was present for the discussion. Ms. Anderson reported that she had approximately 1,000 square feet of pavement to stop erosion. The Commission instructed the applicant to comply with the regulation of 500 square feet of pavement. Mr. Mahoney made a motion that was seconded to write the Orders of Conditions specifying that the property shall have no more than 500 square feet of pavement by September 15, 2002. The motion passed unanimously.
5. CONT’D. PH, JEREMIAH 2ND FAMILY, DEER RUN SUBDIVISION, SE 18-1085
Representing the applicant was Earl Lantry who explained the revisions to the plan. Mr. Grady indicated the Commission needed the latest revised plan with a revision date. The Commission asked for a 25-foot buffer between the lot line and the wetlands. Mr. Mahoney made a motion that was seconded to continue the public hearing to July 9, 2002 at 8:10 p.m. The motion passed unanimously.
6. CONT’D. PH, GSM REALTY TRUST, 541 WASHINGTON ST., SE 18-1133
Representing the applicant were the property owner David Murphy and Paul Brogna of Seacoast Engineering Co. Mr. Grady indicated that the Harbormaster had not reviewed the project yet. Mr. Mahoney made a motion that was seconded to continue the hearing to June 18, 2002 at 9:05 p.m. The motion passed unanimously.
7. CONT’D. PH, SULLIVAN, 307 BAY RD., SE 18-1138
Representing the applicant were Joe Webby of Webby Engineering Co., Architect Dennis Nolan, Contractor David Gould, and the property owners. Mr. Mahoney recused himself from this hearing. Mr. Webby submitted a revised plan that showed the contours. The proposed structure would be constructed within the footprint of the existing cottage. Mr. Vautrain commented that this dwelling pre-existed the Commissions regulations. Mr. Weiler indicated he had asked at a site visit whether the applicant could move the proposed dwelling farther from the wetlands but limitations of the site would create a burden; however, the applicant agreed to construct the structure on sonotubes. Ms. Bartlett made a motion that was seconded to write the Orders of Conditions. The motion passed unanimously.
8. PM, MASSA, 662 CONGRESS ST., DECK
The applicant, Ron Massa explained the project, which was to construct a deck over an existing concrete patio. The deck would be 50 feet from the wetlands. Because of the existing concrete patio there was no change in the coverage ratio. 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.
9. PM, ACCESS REALTY TRUST, 0 PLUMFIELD LN., PLATFORM
Representing the applicant was Shawn Dahlen. The project was repair to an existing platform. The work had already been completed. A portion of the deck is over wetlands. The Commission requested the applicant remove that portion of the deck out of the wetlands within 30 days. Mr. Grady reported that the applicant has also cut vegetation and is running planks over the wetland and buffer to wetlands to gain access to the water without a permit. Ms. Bartlett wanted the applicant to file a Notice of Intent for the work performed on the site. Mr. Mahoney made a motion that was seconded to issue a negative determination for the work on the deck with the stipulation that the applicant is to remove the portion of the deck over the wetland and that no further work is to be done on the structure without review
of the Conservation Commission. The vote was 5 in favor and 1 against (Bartlett).
10. PH, CLINCH & MCLEOD, 589 FRANKLIN ST., GARAGE, SE 18-1145
The applicants, Peter Clinch and Amanda McLeod explained the project which was to construct a garage 54 feet from bordering vegetated wetlands. The proposed project conformed to the regulations. Mr. Mahoney made a motion that was seconded to write the Orders of Conditions. The motion passed unanimously.
11. PH, BUTTONS, 232 LAKE SHORE DR., SE 18-1146, SEPTIC
Representing the applicant was Shannon Bloodgood. Ms. Bloodgood explained the project, which was to install a new septic system in the buffer to the pond. Because of the topography of the site, the applicant was asked that the septic tank be watertight. The proposed location was farther from the pond than the existing cesspools. Mr. Mahoney made a motion that was seconded to write the Orders of Conditions. The motion passed unanimously.
12. PH, CONT’D. PH, DUXBURY CONSTRUCTION CO., 260 TEMPLE ST., SE 18-1104
The applicant requested a continuation of the hearing. Mr. Mahoney made a motion that was seconded to continue the public hearing to June 18, 2002 at 9:00 p.m. The motion passed unanimously.
13. ADMINISTRATIVE MATTERS
The Commission voted unanimously in favor of a motion to extend the Orders of Conditions for SE 18-968 (Lawson) to February 6, 2004.
The Commission voted unanimously in favor of a motion to spend from the Conservation Fund $278.75 for legal services for land acquisition.
It was noted that if a Special Town Meeting is scheduled for June 18 then the next meeting of the Conservation Commission would be moved to June 25, 2002.
Meeting adjourned at 10:30 p.m.
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