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Conservation Comm. Minutes - 2003/10-21

The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, October 21, 2003 beginning at 7:30 p.m.  Members present were Chairman Friend Weiler, Samuel Butcher, Thomas Gill, Brendan Halligan, Anne Hill, Joseph Messina, and Arthur Vautrain.   Joe Grady, Conservation Administrator was also present.

EXECUTIVE SESSION
At 7:30 p.m. Mr. Vautrain made a motion that was seconded 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 (4-0) was taken and the motion passed.  Members voting in favor of the motion were Mr. Weiler, Dr. Gill, Mr. Vautrain, and Mr. Butcher. The other Commissioners arrived after the roll call vote.

At 7:50 p.m. Mr. Vautrain made a motion that was seconded to reconvene into open session.  A roll call vote (7-0) was taken and the motion passed.

PM, O'SULLIVAN, 959 MAYFLOWER ST., DECK
The applicant James O'Sullivan explained the project, which was to remove the existing deck and replace it with a larger deck.  With the existing plan the Commission had difficulty determining the impervious coverage percentage and asked the applicant to submit a plan to scale and determine the coverage within the 100-foot buffer.  Mr. Butcher made a motion to continue this public meeting to November 4, 2003 at 9:05 p.m.  A vote (6 in favor, 0 opposed, 1 abstention (Halligan) was taken and the motion passed.

PH, PRAT, 20 LAKESHORE DR. DECK
The applicant Pierre Prat was present for the discussion.  Mr. Grady explained that this Notice of Intent application was a result of an enforcement order that was issued for working within the buffer without a permit.  Mr. Prat explained the project was to replace an existing patio and deck with a deck located approximately 17 feet from the wetlands.  The Commission asked the applicant to provide evidence that there was a pre-existing deck and patio.  Mr. Vautrain also asked the applicant to consider creating a vegetated buffer between the deck and the pond.   Mr. Butcher made a motion that was seconded to continue this public hearing to November 4, 2003 at 9:15 p.m.  A vote (7-0) was taken and the motion passed.

CONT'D. PH, LONG POINT MARINE, 553 WASHINGTON ST., SE 18-1229
Representing the applicant were Dwight Smith and Larry Martin.  Since a file number had been issued, Mr. Butcher made a motion that was seconded to issue Orders of Conditions.  A vote (6 in favor, 0 opposed, and 1 abstention (Butcher)) was taken and the motion passed.

CONT'D. PH, HUMMOCK LLC, GURNET RD., SE 18-1191, SE 18-1192, SE 18-1193, SE 18-1194, SE 18-1195, SE 18-1220, SE 18-1221 & SE 18-1222
Representing the applicant were Dan Orwig, Sterling Wall from Daylor Associates, and Paul Lelito from LEC Environmental.  Also present for the discussion was the Town's consultant Stanley Humphries of Ocean and Coastal Consultants Inc.  Mr. Orwig submitted a revised plan and asked that for this meeting discussion relate to the original 5 Notice of Intents (SE 18-1195, SE 18-1192, SE 18-1193, SE 18-1194 and SE 18-1195) and that discussion of the applications SE 18-1220, SE 18-1221 & SE 18-1222 be continued to another date.  Mr. Wall explained the revised plan and how the wetland resource areas were determined.  Mr. Wall also discussed the proposed filling on the site, but indicated that more data was being collected.  Mr. Humphries summarized his experience and noted key issues to be addressed are the resource delineation, the function of the area with respect to the proposed fill and flooding.  Several Commissioners questioned the changes to the current flooding patterns as a result of the proposed fill.  Peter Williams of Vine Associates who is representing the Duxbury Beach Residents Association summarized his written comments on the proposed project.  Mr. Joseph Deady of 44 Ocean Rd. North submitted a letter from the Army Corps of Engineer that indicated the proposed project required Army Corps approval.  Mr. David Tonaszuck of 25 Marginal Rd., Sheila Spellman, Bette Turner of 4 Cable Hill Way, Jeff Deady of 60 Ocean Rd. North, Timothy Spellman, Robert Dodds of 33 Ocean Rd. North, John Mann of Gurnet Rd., and Charles Buckley of Ocean Rd. North all voiced their concerns about the issue of flooding and impacts to abutting properties.  Mr. Weiler summarized the issues that the applicant needs to address, which included resource delineation, fill flooding, impact to abutting properties and the barrier beach.  Mr. Butcher made a motion that was seconded to continue the public hearing for the 8 Notices of Intents to December 2, 2003 at 8:00 p.m.  A vote (7-0) was taken and the motion passed.

ADMINISTRATIVE MATTERS
Mr. Butcher made a motion that was seconded to issues Certificates of Compliances for SE 18-657 (45 Seabury Point), SE 18-1179 (68 Goose Point Ln.), and SE 18-824 (240 Powder Point Ave.).  A vote (7-0) was taken and the motion passed.

Mr. Butcher made a motion that was seconded to pay $213 for trail maps from the Conservation Fund.  A vote (7-0) was taken and the motion passed.

Mr. Butcher made a motion that was seconded to authorize the expenditure of $2,500 from the Conservation Fund towards the purchase of a replacement vehicle for the Conservation Department subject to approval from the Town Manager and Board of Selectmen.  A vote (7-0) was taken and the motion passed.

The Commission reviewed the draft minutes of the meeting on 7/15/03 and noticed one typographical error.  Mr. Vautrain made a motion that was seconded to approve the minutes of the meeting of 7/15/03 as amended.  A vote (7-0) was taken and the motion passed.

Meeting adjourned at 10:30 p.m.