The Conservation Commission held a meeting in the Basement Mural Room of Town Hall on Tuesday, July 9, 2002 beginning at 7:30 p.m. Members present were Chairman Friend Weiler, Samuel Butcher, Brendan Halligan, Anne Hill, Mark Mahoney, and Joseph Grady, Conservation Administrator. Arthur Vautrain was absent.
1. PM, LEMIEUX, 242 ELM ST., PIPING
The applicant, Lou Lemieux explained the project, which was to upgrade the existing septic system. The only work within the buffer to bordering vegetated wetlands was installation of piping. Mr. Lemieux submitted a revised plan that eliminated the grinder. The Board of Health had approved the plan. Mr. Mahoney made a motion that was seconded to issue a negative determination that a Notice of Intent was not required. The motion passed unanimously.
2. CONT’D. PH, DUXBURY BAY MARITIME SCHOOL, 31 MATTAKEESETT CT., SE 18-1119
Representing the applicant were Edward Lawson, Shawn Dahlen, and Pat Brennan from Amory Engineers. Mr. Lawson explained the plan. Mr. Brennan explained the Stormwater Management Report. Mr. Grady suggested that the Commission hire a consultant to review the project. Mr. Mahoney made a motion to initiate the consultant fee under the Wetlands Bylaw and to authorize the Conservation Administrator to secure consulting services to review the proposal and to continue this public hearing to August 6, 2002 at 9:00 p.m. The motion passed unanimously.
3. CONT’D. PH, JEREMIAH 2ND FAMILY, DEER RUN SUBD., SE 18-1085
Representing the applicant were Attorney John Wyman and Alan Kingsbury. Also present for the discussion was the Town’s consulting engineer, Walter Amory who gave his review of the project. Mr. Grady commented that in other subdivisions an applicant has given a 25-foot buffer and the wetlands to the Town. Mr. Kingsbury suggested a conservation restriction easement. The Commission asked for a revised plan that shows the easement and the easement language. Mr. Mahoney made a motion that was seconded to continue the public hearing to July 23, 2002 at 7:30 p.m. The motion passed unanimously.
4. PM, BOTIERI, 17 LANDING RD., ADDITION
Representing the applicant were Shawn Dahlen and the property owner, Michael Botieri. The proposed project is a second story addition within the existing footprint of the dwelling. 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.
5. PH, WILDLANDS TRUST, TREMONT ST., TRAIL, SE 18-1149
Representing the applicant were Mark Primack, and Jessica Schultz. The proposed project is to construct a 700-foot walking trail that would be handicapped accessible in a riverfront area. A 4-car parking area would be constructed more than 200 feet from the wetlands. Mr. Weiler read a letter from Susan Connelly of Tremont St. in opposition of the parking area. Several abutters spoke about the issue of access to the site off a heavily traveled roadway. Ms. Schultz agreed to work with the Town’s DPW and the neighbors regarding the parking area. Mr. Butcher noted that the parking area is outside the jurisdiction of the Commission. Mr. Mahoney discussed the end of the trail that is within 25 feet of the wetlands and indicated that normally the Commission doesn’t approve work within the
25-foot buffer to wetlands, but where this is the only way to provide handicap access to the river that the project should be allowed. The Commission agreed that this is a unique project and it did not set a precedent to work within the 25-foot buffer. Mr. Mahoney made a motion that was seconded to write the Orders of Conditions. The motion passed unanimously. Mr. Mahoney made a second motion that was seconded to waive the town’s portion of the filing fee. The motion passed unanimously.
6. PH, DUXBURY CONSTRUCTION CO., 8 GOOSE POINT LN., DRAINAGE/LANDSCAPING, SE 18-1150
Representing the applicant was Freeman Boynton and Kate Eldridge. Mr. Boynton explained the project, which was to install a perimeter drain around the foundation and to cut some trees within the wetlands and buffer to wetlands to allow sunlight into the yard. Mr. Mahoney asked that the applicant leave the trees in the wetland and to create an undisturbed buffer of a minimal of 5 feet between the wetlands and the lawn. Mr. Butcher did not want to set precedent of permitting tree cutting in the wetlands. In order to accomplish the project’s goal, Mr. Boynton asked to take down the larger trees. The Commission agreed to the cutting of only one 12-inch diameter tree in the wetland and the cutting of the other trees in the buffer. Mr. Mahoney made a motion that was seconded to write Orders of Conditions
that permitted the cutting of one tree in the wetland and the creation of a buffer between the lawn and the wetlands. The motion passed unanimously.
7. ADMINISTRATIVE MATTERS
The Commission held an election of officers. Mr. Halligan made a motion that was seconded to nominate Friend Weiler as Chairman and Sam Butcher as Vice-Chairman. The motion passed unanimously.
The Commission discussed subcommittee appointments.
Mr. Mahoney made a motion that was seconded to issue a 3-year extension permit to SE 18-774. The motion passed unanimously.
Mr. Mahoney made a motion that was seconded to issue a Certificate of Compliance for SE 18-1029. The motion passed unanimously.
Mr. Butcher made a motion that was seconded to issue a Certificate of Compliance for SE 18-1092. The motion passed unanimously.
The Commission discussed whether a float at 0 Plumfield Ln. required a permit from the Conservation Commission. Mr. Weiler commented that if a float was a free standing structure that an applicant would only need a permit from the Harbormaster, but if the float was attached to a structure that was connected to the land than the float needed a permit from the Commission. The Commission determined that this float fell under their jurisdiction and instructed the Conservation Administrator to convey to the property owner that he needed to file a Notice of Intent or an Enforcement Order would be issued.
The Commission discussed a request from Mr. Woods for SE 18-572 to change the dimensions of the float to 12’ x 20’. Mr. Mahoney made a motion that was seconded to allow the construction of a float no greater than the dimensions (10’ x 20’) allowed in the regulations. The motion passed unanimously.
Mr. Butcher made a motion to approve the spending of a total of $13,289 from the Conservation Fund for the following items: lexan for kiosk (189), Bay Farm fence (4,500) and interns (8,600). The motion passed unanimously.
Meeting adjourned at 10:05 p.m.
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