The Conservation Commission held a meeting in the Basement Mural Room of Town Hall on Tuesday, April 9, 2002 beginning at 7:30 p.m. Members present were Chairman Friend Weiler, Samuel Butcher, Brendan Halligan, Anne Hill, Mark Mahoney, Arthur Vautrain and Joseph Grady, Conservation Administrator. Molly Bartlett was absent.
1. WETLAND BYLAW REVIEW
Joanne Muramoto from Horsley & Witten reviewed changes to the Wetland Bylaw with the Commission.
2. 4TH OF JULY COMMITTEE
The Commission reviewed the plans for the 4th of July beach party. It was agreed that the bonfire should not exceed 150 pallets and that the location of the fire will be coordinated with the endangered species officer.
3. PH, DUXBURY CONSTRUCTION CO., 565 TEMPLE ST., SE 18-1137
Representing the applicant were Freeman Boynton & Joan Hicks. The proposed project was to replace a failed septic system. Mr. Grady had flagged the wetlands. Mr. Boynton explained that because of the unacceptable soils of test pit 3, the proposed leaching system had to be located within the 100-foot buffer to bordering vegetated wetlands. Mr. Mahoney made a motion that was seconded to write the Orders of Conditions. The motion passed unanimously.
4. PH, DUXBURY CONSTRUCTION CO., 87 EAGLES NEST RD., SE 18-1134
Representing the applicant were Freeman Boynton and property owner, James Keenan. Mr. Boynton explained the project which was to perform grading and landscaping within the buffer to bordering vegetated wetlands. A new septic system was being installed in the front yard but the existing septic tank and cesspools in the buffer would be pumped and filled with clean fill. The applicant proposed a 25-foot vegetated buffer between the lawn and the wetlands. Mr. Mahoney made a motion that was seconded to write the Orders of Conditions. The motion passed unanimously.
5. PM, DUXBURY CONSTRUCTION CO., 27 BEECHWOOD LN., GAS LINE
Representing the applicant was Freeman Boynton. The proposed project was to install a gas line from Bay Rd. along Beechwood Lane to the dwelling. The trench would be dug within the gravel roadway. The Commission requested that a siltation fence be installed along the roadway in the vicinity of the stream crossover. 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.
6. PH, BRICK REALTY TR., VALLEY ST. (PRATT CIRCLE), SE 18-1132
Representing the applicant were Alan Vautrinot of Vautrinot Land Surveying Co. and Gerald White. Mr. Vautrinot explained the project which was drainage work associated with a proposed subdivision. The existing condition of the site had all stormwater draining directly across Valley St. into the wetlands. The proposed project included a retention area within the proposed cul-de-sac and two catchbasins that would feed into a grit chamber before the water entered the wetlands. Mr. Grady commented the proposal would reduce the sheet flow of water directly into the wetlands. An abutter questioned the effect of the water reduction into the wetlands and whether the reduction would starve the wetlands of water. Mr. Grady recommended the Town’s consulting engineer for this subdivision review the proposed
drainage. Mr. Mahoney made a motion that was seconded to continue this hearing to May 7, 2002 at 8:40 p.m. The motion passed unanimously.
7. CONT’D. PH, JEREMIAH 2ND FAMILY TR., DEER RUN SUBD., SE 18-1085
The applicant sent a written request asking for a continuation of the hearing in order to revise the drainage for the project. Mr. Halligan questioned how many times this hearing had been continued. The Commission agreed that the applicant should notify all the abutters about the continued hearing and to re-advertise the hearing notice. Mr. Mahoney made a motion that was seconded to continue the public hearing to June 4, 2002 at 8:30 p.m. The motion passed unanimously.
8. PM, BURKE, 30 UNION HALL RD., SHED
The applicant, John Burke explained the project, which was to construct a shed on hand-dug sonotubes 42 feet from the bordering vegetated wetlands. Mr. Butcher made a motion that was seconded to issue a negative determination that a Notice of Intent is not required. The motion passed unanimously.
9. PH, CASO, 30 BRADFORD RD., WALKWAY, SE 18-1129
Representing the applicant were Paul Brogna of Seacoast Engineering Co. and David Caso, the property owner. The proposed project was to lower an existing non-permitted walkway over the coastal dune. The walkway is 3’ x 15’ and flush to grade to prevent scouring. Mr. Mahoney made a motion that was seconded to write the Orders of Conditions. The motion passed unanimously.
10. PH, RICHMOND, 233 MARSHALL ST., LANDSCAPING, SE 18-1128
The applicant, William Richmond explained the project, which was to clear brush and vegetation in the wetlands and buffer to the 100-foot buffer in order to create a view and footpath to the salt marsh. Mr. Mahoney commented that the proposed plan should minimize the amount of cutting in the wetlands. Several other Commissioners voiced their concerns about the extent of alteration. The Commission asked for a more specific landscape plan showing more details and that the project be reduced in scope. Mr. Weiler read three letters from the abutters regarding their concerns about the project. Mr. Mahoney made a motion that was seconded to continue the public hearing to May 7, 2002 at 8:50 p.m. The motion passed unanimously.
11. SULLIVAN, 307 BAY RD., PIER, SE 18-1130
Representing the applicant were Paul Brogna of Seacoast Engineering Co. and the property owners, Pat and Chris Sullivan. Mr. Brogna explained the project, which was to remove the old platform, extend the existing walkway approximately 20 feet to the end of the salt marsh and construct a new platform and float. Mr. Brogna commented he felt there would be no cumulative, significant impacts. Mr. Butcher asked if the applicant would consider a nylon rope railing. Mr. Vautrain asked that the Harbormaster comment on the effect of the project to navigation because of the narrowness of the channel in the area. The Commission asked the applicant’s engineer to show on a plan the other side of the shoreline. Mr. Weiler commented that there was a benefit to removing the existing platform that was over the
salt marsh. The Commission was to send memos to the Harbormaster, Shellfish Advisory and Waterfront Advisory Committees for their review of the project. Mr. Mahoney made a motion that was seconded to continue the public hearing to May 7, 2002 at 9:00 p.m. The motion passed unanimously.
12. PH, QUINLISK, 55 HICKS POINT Rd., PIER, SE 18-1131
Representing the applicant were Paul Brogna of Seacoast Engineering Co. and the property owner, Timothy Quinlisk. Mr. Brogna explained the project which was to construct a 178-foot walkway, platform, gangway, and float over salt marsh and in a V2 flood zone. Mr. Brogna also presented a plan showing other piers in the area. The proposed pier location is approximately 200 feet from a town landing. Mr. Grady requested the applicant provide a copy of his deed to show he has access to low water. The Commission asked that the application be reviewed by the Harbormaster. Mr. Butcher commented that the proposed site is an isolated area and because of that it is an important area for wildlife to loaf and feed. He also raised concern about the aesthetics of a pier on an unobstructed
vista. Mr. William Tenhoor of 1 Water St. presented written comments regarding applicant’s burden of proof, impact to abutting public landing, obstruction of public view and size of the project. Mr. Peter Roveto of Powder Point objected to piers adjacent to any town landings. Mr. Brogna commented the project was designed to the regulations of the Commission. Mr. Mahoney made a motion that was seconded to continue this public hearing to May 7, 2002 at 9:10 p.m., in order to have the project reviewed by the Harbormaster. The motion passed unanimously.
13. PM, ANDERSON, AQUACULTURE GRANT
Mr. Grady excused himself from this public meeting. The applicant, Stephen Anderson explained his aquaculture grant located west of High Pines and north of Clarks Island. 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.
14. PH, HALEY, 5 OCEAN RD. SOUTH, PAVING, SE 18-1135
The property owner, Arthur Haley was present for the discussion. Mr. Grady explained the Notice of Intent was filed in response to an enforcement order for installation of pavement on a barrier beach and land subject to flooding without a permit. Mr. Mahoney explained the applicant had exceeded the regulation that allowed no more than 500 square feet of paved area on the site. The Commission asked the applicant to prepare a detailed plan that would show the square footage of pavement and explain where and how the pavement in excess of 500 square feet would be removed. Mr. Butcher made a motion that was seconded to continue this hearing to June 4, 2002 at 8:30 p.m. The motion passed unanimously.
15. LAND ACQUISITION (EXECUTIVE SESSION)
At 10:30 p.m. Mr. Butcher made a motion, seconded by Mr. Mahoney to go into executive session to consider the taking, purchase, exchange, lease or value of real property which, if discussed outside of this session could have a detrimental effect on the negotiating position of the governing body. A roll call vote was taken and the motion passed unanimously. At 10:35 p.m. Mr. Butcher made a motion, seconded by Mr. Mahoney to reconvene into open session. A roll call vote was taken and the motion passed unanimously.
16. ADMINISTRATIVE MATTERS
The Commission voted unanimously in favor of a motion made by Mr. Mahoney to spend $762.50 from the Conservation Fund for legal services related to land transactions.
Meeting adjourned at 10:35 p.m.
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