The Conservation Commission held a meeting in the Basement Small Meeting Room of Town Hall on Tuesday, January 29, 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. PM, MERRY, AQUACULTURE GRANT
Mr. Grady excused himself from this public meeting. The applicant, Donald Merry explained his aquaculture grant, located at the west end of Round Flat. Ms. Bartlett commented it would be helpful to have a plan showing the location of all the aquaculture grants in the Bay. Mr. Merry spoke in favor of a Bay Management Plan. Mr. Mahoney made a motion, seconded by Ms. Hill to issue a negative determination that a Notice of Intent is not required. The motion passed unanimously.
2. PM, HORNE, AQUACULTURE GRANT
Mr. Grady excused himself from this public meeting. The applicant, Christian Horne explained his aquaculture grant, located at Hunts Flat Guzzel. He supported a Bay Management Plan. Mr. Mahoney made a motion, seconded by Mr. Halligan to issue a negative determination that a Notice of Intent is not required. The motion passed unanimously.
3. PM, B. DOYLE, AQUACULTURE GRANT
Mr. Grady excused himself from this public meeting. The applicant, Bradley Doyle explained his aquaculture grant, located at southwest end of Round Flat. Mr. Mahoney made a motion, seconded by Mr. Halligan to issue a negative determination that a Notice of Intent is not required. The motion passed unanimously.
4. PH, DUXBURY BAY MARITIME SCHOOL, 31 MATTAKEESETT CT., SE 18-1119
Representing the applicant were Edward Lawson, Shawn Dahlen, and Sherman Hoyt. Mr. Lawson explained the project, which was to demolish the existing buildings, and build 3 new buildings. The purpose of the meeting was to get the sense of the Commission with regards to buildings within the 35-foot buffer. Mr. Lawson requested a waiver of the Town Bylaw filing fee. Mr. Grady reported the wetland line is accurate. The Commission indicated that they wanted the buildings to meet the 35-foot setback. Mr. Lawson indicated that if the buildings were moved then he would lose parking and winter storage space. Mr. Weiler suggested the Commission visit the site. Mr. Mahoney made a motion, seconded by Ms. Hill to continue this public hearing to February 12, 2002 at 9:00 p.m.
5. PH, ERIKSSON, 467 CONGRESS ST., DITCHING, SE 18-1111
Representing the applicant were Mr. and Mrs. Eriksson, Attorney Joseph Duffy and Roderick Gaskell of SITEC. Mr. Gaskell explained the Notice of Intent, which was in response to an enforcement order for cleaning out ditches without a permit. Mr. Gaskell indicated that the spoils from the ditches were deposited along side of the ditches. Mr. Grady recommended that the spoils be removed from the site. Mr. John DeSousa, representing an abutter questioned the effect of the ditching on his client’s property across the street. Mr. Eriksson reported the culvert was blocked and that water did not flow onto the abutting property. Mr. Mahoney made a motion, seconded by Mr. Halligan to issue Orders of Conditions that required the applicant to remove the spoils from the site. The motion passed unanimously.
6. PM, SULLIVAN, 295 HIGH ST., RESTORATION
Margaret Sullivan, the applicant explained the project. The proposed project was to re-grade a small area by hand and re-seed the area. Mr. Mahoney made a motion, seconded by Mr. Halligan to issue a negative determination that a Notice of Intent is not required. The motion passed unanimously.
7. CONT’D. PH, BICKNELL, 66 SEABURY POINT RD., SE 18-1108
Representing the applicant was Shawn Dahlen. Mr. Weiler read a letter from Don Beers, Harbormaster. Mr. Dahlen summarized the applicant’s position on the project. Mr. Weiler commented that a project is reviewed on a case by case basis and that some of the issues considered by the Commission are a proposed project’s proximity to other piers and town landings, public safety issues, and shellfish habitat. Ms. Bartlett commented on the existing second pier on the property and noted that other towns require that a pier be located in at least 3 feet of water. Mr. Mahoney commented on the cumulative impacts of the pier and that the Town needs to look at the broader picture. Mr. Vautrain agreed. Mr. Weiler felt that there would be greater impact to the salt marsh with the existing
temporary structure rather than a permanent structure. Mr. Mahoney made a motion, seconded by Mr. Halligan to issue Orders of Conditions for construction of a permanent pier. The vote was 2 in favor (Weiler and Halligan) and 4 against. The motion failed.
8. CONT’D. PH, JEREMIAH 2ND FAMILY TRUST, DEER RUN, SE 18-1085
The applicant submitted a written request for a continuation. Mr. Mahoney made a motion, seconded by Mr. Halligan to continue this hearing to April 9, 2002 at 8:30 p.m. Motion passed unanimously.
9. PH, O’NEAL, 81 HORNBEAM RD., SE 18-1118
Representing the applicant was Shawn Dahlen. The proposed project was to demolish the existing dwelling and build a new single family dwelling. The proposed dwelling would be greater than 50 feet from the coastal bank. The proposed project conforms to the regulations. The Commission requested that no grading or landscaping be performed within 25 feet of the coastal bank. Mr. Blagbrough of 69 Hornbeam Rd. commented that the plan does not show a 10-foot easement for the electric company and that the septic plan is inaccurate. Joan Hines of 63 Hornbeam spoke about the aesthetics and views of Eagle Nest Bay. Mrs. Jeanne Clark of 88 Surplus St. also spoke of the importance of preserving the view. Mr. Mahoney made a motion, seconded by Mr. Halligan to issue orders of Conditions. The motion
passed unanimously.
10. CONT’D PH, MALLEGOL, 86 CAPTAINS HILL RD.
No DEP file number had been issued. Mr. Mahoney made a motion, seconded by Ms. Bartlett to continue this hearing to February 12, 2002 at 9:01 p.m. The motion passed unanimously.
11. CONT’D. PH, D’ARPINO, 123 GURNET RD., SE 18-115
Representing the applicant was Shawn Dahlen. The Commission requested that all piles be at least 35 feet from the seawall. The applicant may cantilever the portion of the deck that extended over the existing concrete pad. Mr. Mahoney made a motion, seconded by Ms. Bartlett to issue Orders of Conditions, with the understanding that no pile structure would be closer than 35 feet to the wetlands. The motion passed unanimously.
12. CONT’D PH, DUXBURY CONSTRUCTION CO., 77 WESTERN WAY, SE 18-1116
Since the DEP file number had been issued, Mr. Mahoney made a motion, seconded by Mr. Halligan to issue Orders of Conditions. The motion passed unanimously.
13. CONT’D PH, GILLEN, 14 GURNET RD., SE 18-1113
Representing the applicant was Shawn Dahlen. Mr. Weiler reported that the site visit confirmed that the property was located on a barrier beach. Mr. Dahlen submitted a revised plan that showed the proposed structure on a pile foundation. With regard to the issue of 35-foot setback, Mr. Dahlen argued that the proposed project is an improvement over the existing structure setback. The Commission requested that no piles be located within 35 feet of the wetlands and that a section of the deck be cut back. Mr. Mahoney made a motion, seconded by Mr. Halligan to issue Orders of Conditions with the stipulation that no part of the support structure be within the 35-foot buffer to the wetlands. The motion passed unanimously.
14. PM, S. DOYLE, AQUACULTURE GRANT
Mr. Grady excused himself from this public meeting. Representing the applicant was Bradley Doyle. Mr. Doyle explained the aquaculture grant located west of Round Flat. Mr. Mahoney made a motion, seconded by Mr. Halligan to issue a negative determination that a Notice of Intent is not required. The motion passed unanimously.
15. ADMINISTRATIVE MATTERS
The Commission voted unanimously in favor of a motion to spend $25 from the Conservation Fund for legal services.
The Commission voted unanimously in favor of a motion to approve the minutes of the meetings for 9/18/01 and 11/3/01, as amended to correct several typos.
The Commission voted unanimously in favor of the motion to approve the minutes of the meetings on 9/25/01, 10/16/01, 10/30/01, 11/27/01, and 12/11/01, as written.
The Commission voted unanimously to issue Certificates of Compliances for SE 18-987 and SE 18-898. The Commission voted unanimously to issue Partial Certificates of Compliances for SE 18-1002 and SE 18-1092.
Meeting adjourned at 10:45 p.m.
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