The Conservation Commission held a meeting in the Basement Mural Room of Town Hall on Tuesday, January 8, 2002 beginning at 7:30 p.m. Members present were Chairman Friend Weiler, Molly Bartlett, Samuel Butcher, Brendan Halligan, Anne Hill, Mark Mahoney, Arthur Vautrain and Joseph Grady, Conservation Administrator.
1. LAND ACQUISIITON (EXECUTIVE SESSION)
At 7:30 p.m. Mr. Butcher made a motion, seconded by Mr. Vautrain 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 Mr. Vautrain, Mr. Weiler, Mr. Butcher and Ms. Bartlett voted in favor of the motion. The motion passed 4 – 0. (Mr. Halligan, Ms. Hill, and Mr. Mahoney arrived after the roll call vote.) At 7:55 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.
2. PM, LARIVIERE, 69 GURNET RD.
The applicant, Dick Lariviere explained the project, which was to replace the cedar post foundation with a new pile foundation in the exact footprint. The proposed project was within the buffer to a coastal dune and coastal beach, but outside the 100-year flood zone. Mr. Mahoney made a motion, seconded by Mr. Butcher to issue a negative determination that a Notice of Intent is not required. The motion passed unanimously.
3. PH, MALLEGOL, 86 CAPTAINS HILL RD., LANDSCAPE RESTORATION
The applicant Mr. Mallegol was present for the discussion. Mr. Grady explained that this application was in response to an enforcement order for cutting of trees beyond the limit of work line and in the wetlands. A landscape plan was presented and Duxbury Gardeners will do the work. No DEP file number had been issued. Mr. Mahoney made a motion, seconded by Mr. Butcher to continue this public hearing to January 29, 2002 at 8:50 p.m. The motion passed unanimously.
4. PH, DUXBURY CONSTRUCTION CO., 611 BAY RD., SE 18-1114
Representing the applicant was Freeman Boynton. The proposed project was installation of a new septic system within the buffer to bordering vegetated wetlands and salt marsh. The project is a mounded system and would require a retaining wall. The Commission suggested the applicant discuss with the abutting neighbor the possibility of blending the mound with the mound on the abutting property. Mr. Weiler read a letter from the property owner, Mr. Sullivan indicating he would landscape the retaining wall. Mr. Mahoney made a motion, seconded by Mr. Butcher to write Orders of Conditions. The motion passed unanimously.
5. PH, GILLEN, 14 GURNET RD., SE 18-1113
Representing the applicant were Shawn Dahlen and the property owners Mr. and Mrs. Gillen. The proposed project was to demolish the existing structures on the site and construct a single family dwelling in the buffer to salt marsh and land subject to coastal storm flowage. A revised plan was submitted that extended the wetlands line. Mr. Dahlen explained the history of the project. Mr. Dahlen proposed the project on a concrete foundation because he claimed the area was not a barrier beach. The deck would be on sonotubes. As presented, the new deck would be 22 feet from the salt marsh and the house 31 feet from the marsh. Mr. Dahlen indicated that the structures were farther from the wetlands than the existing structures. Mr. Grady commented that if it is not a barrier beach then the applicant
was subject to the impervious cover regulation. Mr. Grady felt it was a barrier beach. Also as shown, the plan did not meet the 35-foot setback regulation. Mr. Butcher asked that the applicant consider a vegetation plan to buffer the salt marsh. A site visit was suggested to determine if it was a barrier beach. A site visit was scheduled for Saturday, January 12, 2002 at 8:30 a.m. Mr. Mahoney made a motion, seconded by Mr. Halligan to continue this hearing to January 29, 2002 at 9:00 p.m. The motion passed unanimously.
6. PH, D’ARPINO, 123 GURNET RD., SINGLE FAMILY DWELLING
Representing the applicant was Shawn Dahlen. The proposed project was to demolish the existing structure and construct a new dwelling on a pile foundation since the site was on a barrier beach and in the AO2 flood zone. The new deck would be located 28.5 from the seawall. The existing deck is located 27.5 feet from the seawall. Mr. Mahoney asked that the deck meet the regulations of 35 feet back from the resource area. Mr. Mahoney asked that all piles meet the 35-foot setback and that the remaining 6.5 feet be cantilevered. No DEP file number has been issued. Mr. Mahoney made a motion, seconded by Mr. Butcher to continue this hearing to January 29, 2002 at 8:55 p.m. The motion passed unanimously.
7. CONT’D. PH, ABC CONTRACTORS, 1004 CONGRESS ST., SE 18-1105
Representing the applicant were Chefik and Abdul Hamedeh and Peter Pelmari of Merrill Associates. Also present for the discussion was Tom Sexton, the Town’s consultant on the project. A revised plan was submitted. Mr. Grady discussed erosion controls. Mr. Sexton asked if the Commission wanted a proposed grass swale between the drainage basin and the wetlands. The Commission agreed to leave the area undisturbed, but if in the future there is any visible erosion then the area would need to be vegetated. Mr. Grady reported that he asked the Planning Board to waive its requirement for a low flow channel along the bottom of the detention basin. Mr. Mahoney made a motion, seconded by Mr. Butcher to write the Orders of Conditions. The motion passed unanimously.
8. PH, DUXBURY CONSTRUCTION CO., 77 WESTERN WAY, DRAINAGE CULVERT
Representing the applicant was Freeman Boynton who reported that two existing drainage culverts had deteriorated and needed repair because the blocked culverts had caused flooding upstream. Mr. Boynton explained the project, which included removal of one pipe and replacement of the second pipe. The applicant had a site visit with the State Riverways staff. The applicant wished to proceed with the proposed plan but will look into other options to the pipe replacement. No DEP file number had been issued. Mr. Mahoney made a motion, seconded by Mr. Butcher to continue this hearing to January 29, 2002 at 8:57 p.m.
9. PH, HARADEN, 38 MERRY AVE., SE 18-1112
Representing the applicant were Mr. Haraden and Paul Brogna of Seacoast Engineering Co. Mr. Brogna explained the project, which was construction of a single family dwelling and site work. The closest portion of the dwelling would be 90 feet from the wetlands. The project would require filing and grading work. Mr. Grady asked that the applicant minimize the cutting of the existing slope and that a landscape plan be submitted as part of the Order of Conditions. Mr. Mahoney made a motion, seconded by Mr. Butcher to write the Orders of Conditions. The motion passed unanimously.
10. ADMINISTRATIVE MATTERS
The Commission voted to issue a Certificate of Compliance for SE 18-643.
Mr. Mahoney made a motion, seconded by Mr. Butcher to issue an enforcement order to Mr. Reardon at 74 Plymouth Ave. for violation of the Orders of Conditions for construction of the seawall. The motion passed unanimously.
Mr. Mahoney made a motion, seconded by Mr. Butcher to spend $190 from the Conservation Fund towards the purchase of trail steward jackets. The motion passed unanimously.
Mr. Mahoney made a motion, seconded by Mr. Butcher to spend $563.25 from the Conservation Fund for 25 copies of the draft open space plan. The motion passed unanimously.
Mr. Mahoney made a motion, seconded by Mr. Butcher to spend $200 from the Conservation Fund for colored-copies of the maps in the Open Space plan. The motion passed unanimously.
Mr. Mahoney made a motion, seconded by Mr. Butcher to spend $503.75 from the Conservation Fund for an appraisal. The motion passed unanimously.
Mr. Mahoney made a motion, seconded by Mr. Butcher to spend $275 from the Conservation Fund for legal services.
Mr. Mahoney made a motion, seconded by Mr. Butcher to spend $360 for a title exam. The motion passed unanimously.
Meeting adjourned at 10.35 p.m.
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