The Conservation Commission held a meeting in the Basement Mural Room of Town Hall on Tuesday, April 23, 2002 beginning at 7:30 p.m. Members present were Chairman Friend Weiler, Molly Bartlett, Anne Hill, Mark Mahoney, Arthur Vautrain and Joseph Grady, Conservation Administrator. Samuel Butcher and Brendan Halligan were absent.
1. LAND ACQUISITION (EXECUTIVE SESSION)
At 7:35 p.m. Ms. Bartlett 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 (Weiler, Bartlett, Hill and Vautrain) was taken and the motion passed 4 - 0. Mr. Mahoney arrived after the vote. At 8:02 p.m. Ms. Bartlett made a motion, seconded by Mr. Vautrain to reconvene into open session. A roll call vote was taken and the motion passed unanimously.
2. PM, DUXBURY CONSTRUCTION CO., 55 PILGRIM BYWAY, SEPTIC
Representing the applicant were Freeman Boynton and the property owner, Jeff Hall. The proposed project was a septic system repair. The only work within the buffer to bordering vegetated wetlands was installation of the septic tank. Mr. Grady commented the wetlands line was accurate on the plan. 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.
3. PM, DUXBURY CONSTRUCTION CO., 721 BAY RD., SEPTIC
Representing the applicant was Freeman Boynton. The proposed project was a septic system repair and the only work within the buffer to bordering vegetated wetlands was to pump, fill and grade the existing septic tank. 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.
4. PH, DUXBURY CONSTRUCTION CO., AMEND OC, 260 TEMPLE ST., SE 18-1104
Representing the applicant were Freeman Boynton and the property owner Michael Mackenzie. The applicant requested amending the Orders of Conditions to include clearing the area along the driveway and to landscape. Mr. Grady requested a plan showing the entire driveway. The Commission asked that a 25-foot vegetated buffer be established between the lawn and the wetlands. The Conservation Administrator was to meet the applicant in the field to flag the wetlands along the driveway and to review which trees would be cut. Mr. Mahoney made a motion that was seconded to continue this hearing to May 7, 2002 at 7:55 p.m. The motion passed unanimously.
5. PH, SERGI, 1 OCEAN RD. SOUTH, PAVING
Representing the applicant were Attorney John McCluskey and the property owner Richard Sergi. 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. McCluskey presented a site plan prepared by John Adams that showed only 406 square feet of pavement on the applicant’s property and the remainder of the pavement is on the abutting property owned by the Duxbury Beach Reservation, Inc. (DBR, Inc.). Mr. McCluskey reported the area was paved for safety reasons since one of the home occupants is in a wheelchair. Mr. Grady questioned the accuracy of the plan since the applicant had presented a stamped surveyed plot plan in 1993 that located the lot line in a different location. Mr. Grady also
reported the Order of Conditions issued in 1993 stated that no impervious cover is allowed on the property. The Commission asked the applicant to straighten out the discrepancy between the two plans and asked Mr. Grady to contact DBR, Inc. regarding the pavement on its property. Ms. Bartlett made a motion that was seconded to continue this hearing to June 18, 2002 at 8:00 p.m. The motion passed unanimously.
6. CONT’D. PH, DUXBURY BAY MARITIME SCHOOL, SE 18-1119
The applicant requested a continuation of the hearing. Mr. Mahoney made a motion that was seconded to continue the public hearing to July 9, 2002 at 8:00 p.m. The motion passed unanimously.
7. PH, GSM REALTY TRUST, 541 WASHINGTON ST., SE 18-1133, PIER
Representing the applicant were Paul Brogna of Seacoast Engineering Co. and the property owner David Murphy. Mr. Brogna explained the project, which was a reconstruction of an existing pier in the same location but constructed to today’s design standards. The applicant would also be adding a ramp and float. Mr. Vautrain commented that the proposal appears too significantly different than the existing pier to be considered a reconstruction. Mr. Weiler questioned if the proposed project would conflict with the operation of the abutting marina. The Commission instructed the Conservation Administrator to contact the Harbormaster and ask for his review of the proposal. Mr. Mahoney made a motion that was seconded to continue this hearing to June 4, 2002 at 8:40 p.m. The motion passed unanimously.
8. PH, SULLIVAN, 307 BAY RD., GUESTHOUSE, SE 18-1138
Mr. Mahoney excused himself from this hearing. Representing the applicant were Joseph Webby of Webby Engineering, Architect Dennis Nolan, and the property owners Pat and Chris Sullivan. The proposed project was to rebuild an existing dwelling located 30 feet from the top of a coastal bank. After reviewing the plan Mr. Vautrain commented that a grandfathered structure should become no more non-conforming. Mr. Weiler asked if the project could be moved farther from the wetlands. Mr. Webby responded that moving the dwelling might impact the existing septic system. Ms. Bartlett commented that when an entire structure is being demolished the Commission would like a proposal to meet the current regulations of the Commission. Several of the Commissioners wanted to visit the site. Ms. Bartlett made a motion
that was seconded to continue the public hearing to June 4, 2002 at 8:50 p.m. The motion passed 4 – 0.
9. CONT’D. PH, BOYNTON, 47 ST. GEORGE ST., PIER, SE 18-1127
The applicant, Freeman Boynton was present for the discussion. Mr. Weiler read the letter from the Harbormaster regarding his review. Mr. Boynton indicated that the walkway decking and float would be annually removed from Nov. 1 – May 1. Mr. Bill Tenhoor of Water St. submitted comments in opposition of the proposal. Mr. John Hagerty of 12 Water St. commented that the abutting town landing may not be used frequently now, but that doesn’t mean it will not be used more in the future and therefore should be preserved for public access. Other issues raised included proximity to a town landing, aesthetics and environmental effects to shorebirds. Mr. Mahoney commented that this proposal was the best design for a pier, but he could not vote in favor of the proposal until the Town as a whole assesses
the pier issue. Mr. Mahoney made a motion to write the Orders of Conditions. The vote was 1 in favor (Weiler) and 4 opposed. The motion failed.
10. CONT’D. PH, BAYSIDE MARINE, 433 WASHINGTON ST., SE 18-1126
The applicant requested a continuation of the hearing. A motion was made and seconded to continue the hearing to May 7, 2002 at 9:20 p.m. The motion passed unanimously.
11. PH, SEALUND, 50 AMADO WAY, SE 18-1139
Representing the applicant were Kevin Sealund and his engineer, Henry Nover. The proposed project was construction of a single-family dwelling originally located 79 feet from bordering vegetated wetlands. The applicant submitted a revised plan that moved the house to 95 feet from the wetlands. Grading would be within 38 feet of the wetlands. Mr. Mahoney made a motion that was seconded to write the Orders of Conditions for construction of a dwelling as shown on the revised plan. The motion passed unanimously.
12. ADMINISTRATIVE MATTERS
The Commission voted unanimously in favor of a motion made by Mr. Mahoney to spend $50 from the Conservation Fund for legal services related to land transactions.
Mr. Mahoney made a motion that was seconded to issue an extension permit for 2 years to the Duxbury Bay Maritime School for SE 18-974. The motion passed unanimously. Mr. Mahoney made another motion that was seconded to waive the filing fee for the extension permit. The motion passed unanimously.
A motion was made and seconded to approve the minutes of the meeting on 3/19/02 as amended. The motion passed unanimously.
Meeting adjourned at 10:35 p.m.
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