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The Conservation Commission held a meeting in the Basement Mural Room of Town Hall on Tuesday, May 20, 2003 beginning at 7:30 p.m. Members present were Chairman Friend Weiler, Brendan Halligan, Anne Hill, and Arthur Vautrain. Samuel Butcher, Thomas Gill, and Mark Mahoney were absent. Also present was Joe Grady, Conservation Administrator.
PM, BAYSTON, 43 POND RD., SHED
The applicant, Robert Bayston explained the project, which was to construct an 8' x 12' shed in the buffer to bordering vegetated wetlands and pond. The shed would be located 38' from the wetlands and constructed on sonotubes. Mr. Vautrain made a motion that was seconded to issue a negative determination that a Notice of Intent is not required. A vote was taken and the motion passed unanimously.
CONT'D. PH/PM, LORING, ELM ST., SE 18-1177
Representing the applicant was Mark Casey from South Shore Survey Consultants, Inc. Mr. Grady explained that he had reviewed old maps and that these maps had shown the site as a stream. Based on recent site visits and this evidence he concluded that there is a direct hydraulic connection between the bog and Island Creek Pond. Mr. Grady read the definition of a stream from the regulations, section 10.04 and referred to an explanation for an intermittent stream in the MACC Environmental Handbook for Massachusetts Conservation Commissioners. The Commission also reviewed two correspondences from the applicant's consultant that indicate the ditch is an intermittent stream. Mr. Casey commented that a letter from the Town's consultant, Tom Sextant said the bog was not isolated land subject to flooding. He
also claimed that the site does not meet the definition of a bog under the Wetlands Protection Act, Chapter 131, sec. 40. Ms. Mary Rimmer of Rimmer Environmental, who represented several of the abutters, commented that she is in agreement with the Conservation Administrator and that the site is a resource area. The Commissioners agreed that the site was a bog and intermittent stream.
Mr. Halligan made a motion that was seconded that with regards to the Abbreviated Notice of Area Resource Delineation, the Conservation Commission does not find the plan entitled "Site Plan at Elm Street, Duxbury, Mass., Prepared by South Shore Survey Consultants, Inc. dated rev. 3/18/03" to be accurate and that the site is a bordering vegetated wetland and intermittent stream. A vote was taken and the motion passed unanimously.
Under the Request for Determination of Applicability, the Commission assessed whether the area depicted on the site plan was subject to the Commission's jurisdiction under the local bylaw, Chapter 9. Mr. Halligan made a motion that was seconded to issue a positive determination that the area as shown on the plan entitled "Site Plan at Elm Street, Duxbury, Mass., Prepared by South Shore Survey Consultants, Inc. dated rev. 3/18/03" is an area subject to protection under the local bylaw and that any work would require filing a Notice of Intent application. A vote was taken and the motion passed unanimously. The Commission also discussed whether the boundary of the resource areas was accurately shown on the site plan. Mr. Halligan made a motion that was seconded that the boundaries of the resource areas as shown on
the plan entitled "Site Plan at Elm Street, Duxbury, Mass., Prepared by South Shore Survey Consultants, Inc. dated rev. 3/18/03" were not accurately delineated. A vote was taken and the motion passed unanimously.
CONT'D. PH, HUMMOCK, LLC, GURNET RD., SE 18-1191, SE 18-1192, SE 18-1193, SE 18-1194, SE 18-1195
The applicant's representative, Daniel Orwig reported he has collected additional topographical data and that he would like to meet with the abutters to discuss their concerns before revising plans. The Commission reviewed a proposal from Stan Humphries of Ocean & Coastal Consultants to be the Town's consultant on this project. Mr. Vautrain made a motion that was seconded to engage the services of Stan Humphries and Ocean & Coastal Consultants, in accordance to section 10.1.0 of the Commission's rules & regulations, to review the applicant's project. A vote was taken and the motion passed unanimously. Mr. Halligan made a motion that was seconded to continue the public hearing to July 1 at 7:50 p.m. A vote was taken and the motion passed unanimously.
PH, STODDARD, 111 BOLAS RD., SE 18-1199
The applicant, Mr. & Mrs. John Stoddard explained the project, which was to convert an existing deck into a porch and to landscape a section of the 25-foot buffer to the wetlands. The applicant will remove a section of an existing paved driveway. The proposed porch would be 41 feet from the wetlands and be constructed on sonotubes. The project conforms to the regulations. Mr. Halligan made a motion that was seconded to issued Orders of Conditions. A vote was taken and the motion passed unanimously.
CONT'D. PH, BENTINCK-SMITH, 192 POWDER POINT AVE., SE 18-1187
Representing the applicant was Arlene Wilson from A.M.Wilson Associates. Ms. Wilson submitted a revised plan and foundation plan and explained the revisions. Ms. Wilson asked that the foundation wall that is landward of the existing foundation that is to remain be allowed to be a full foundation wall as opposed to sonotubes. To mitigate, the applicant will convert the existing paved walkways to pervious material and will provide an 8-foot strip of plantings along the coastal bank where there is existing lawn. Ms. Wilson also indicated that the existing generator and shed would be relocated outside the buffer zone. The applicant will disconnect the drainage pipe coming out of the coastal bank. Mr. Halligan made a motion that was seconded to write the Orders of Conditions. A vote was taken and the
motion passed unanimously.
PH, NOLAN, 104 LAKESHORE DR., SE 18-1200, ADDITION, GARAGE
The applicants, Kevin and Robin Nolan explained the project, which is to construct an addition and garage, remove a section of the paved driveway and relocate the existing garage structure. The closest point of the project to the wetlands is 51 feet. The Commission asked the applicant to submit certification that the impervious cover ratio is less than 15%. Mr. Vautrain made a motion that was seconded to write the Orders of Conditions. A vote was taken and the motion passed unanimously.
PH, O'CONNOR, 18 WADSWORTH LN., LANDSCAPING
Representing the applicant were Shawn Dahlen and property owner Dennis O'Connor. The proposed project consisted of tree removal, vegetative pruning, expansion of the lawn area, and creation of a 25-foot vegetative buffer between the wetlands and the lawn. Susan Nelligan of 32 Wadsworth Ln. commented on the value of the salt marsh as a wildlife sanctuary. She indicated that there were invasive vines such as bittersweet that needed to be removed, and suggested native plantings such as bayberry be planted to still attract the wildlife. The project complied with the regulations, but no DEP file number had been issued. Mr. Halligan made a motion that was seconded to continue this public hearing to June 3, 2003 at 9:00p.m. A vote was taken and the motion passed unanimously.
PH, FOTTA, 830 FRANKLIN ST., POOL
Representing the applicant was Shawn Dahlen. The proposed project is construction of a swimming pool located 50 feet from the bordering vegetated wetlands. Mr. Dahlen explained that the proposed location would require the minimal amount of grade changes. Mr. Grady noted that the pool's apron needs to be located at least 50 feet from the wetlands. The project complied with the regulations, but no DEP file number had been issued. Mr. Halligan made a motion that was seconded to continue this public hearing to June 3, 2003 at 9:10 p.m. A vote was taken and the motion passed unanimously.
ADMINISTRATIVE MATTERS
Mr. Halligan made a motion that was seconded to issue a Partial Certificate of Compliance for SE 18-745, since the grass needed to grow. A vote was taken and the motion passed.
Meeting adjourned at 10:00 p.m.
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