The Conservation Commission held a meeting in the Basement Mural Room of Town Hall on Tuesday, November 18, 2003 beginning at 7:30 p.m. Members present were Chairman Friend Weiler, Samuel Butcher, Brendan Halligan, Anne Hill, Joseph Messina, and Arthur Vautrain. Thomas Gill was absent. Joe Grady, Conservation Administrator was also present.
PM, SCHOLFIELD, 230 MARSHALL ST., DECK
Representing the applicant were Jeff and Lynnda Scholfield and Dana Nemes of Building Concepts. The proposed project was to rebuild the existing deck and to extend the deck approximately 64 square feet to square off the corners. The existing deck is 15 feet from the coastal dune. The Commission indicated the reconstruction of the existing footprint would be grandfathered but the extension of the deck does not meet current regulations. Mr. Butcher questioned the amount of impervious coverage within the buffer to wetlands and informed the applicant that any expansion would have to meet the current regulation of a total of 15% coverage within the buffer zone. Mr. Grady noted that the project may be located within the Wetlands & Watershed District and advised the applicant to check with Richard MacDonald,
Director of Inspectional Services regarding any zoning issues. Because of the proximity of the deck to the wetlands, the Commission indicated that a Notice of Intent would be required for any expansion of the deck. The applicant asked to revise the application to only include reconstruction of the existing deck footprint and agreed to file a Notice of Intent for any expansion of the deck. Mr. Butcher made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the redefined project of only reconstruction of the existing deck. A vote (6 -0) was taken and the motion passed.
PH, COLLARI, LOT 2, 501 ELM ST., S.F. DWELLING, SE 18-1237
The applicant, Linda Collari described the project, which was to construct a single family dwelling and barn in the buffer to bordering vegetated wetlands. Mr. Grady asked about potential grading and the applicant responded that there would be minimal grading and no new lawns are proposed. The project conformed to the regulations. Mr. Butcher made a motion that was seconded to issue Orders of Conditions. A vote (6 -0) was taken and the motion passed.
PH, DEER RUN VENTURES, LLC, 45 DEER RUN, SITE WORK, SE 18-1235
Representing the applicant were Deborah Carr and Greg Morse of McKenzie Engineering Co. The only work within the buffer to bordering vegetated wetlands was site work and the driveway. The new single family dwelling was outside the buffer zone. Mr. Grady commented that as part of the original subdivision approval the applicant was to maintain the shoulder of the roadway and to make sure that silt does not get into the drainage system during construction of the lots. The applicant proposed a stone apron to control the silt from going into the street. Mr. Butcher made a motion that was seconded to issue Orders of Conditions. A vote (6 - 0) was taken and the motion passed.
PH, DEER RUN VENTURES, LLC, 30 DEER RUN, SITE WORK, SE 18-1234
Representing the applicant were Deborah Carr and Greg Morse of McKenzie Engineering Co. The only work within the buffer to bordering vegetated wetlands was site work. Similar to the previous project, the applicant will install a stone apron to prevent silt from running into the street from the lot. Mr. Butcher made a motion that was seconded to issue Orders of Conditions. A vote (6 - 0) was taken and the motion passed.
PH, MROWKA, 31 HAWKINS PLACE, S.F. DWELLING, SE 18-1239
The applicant, Peter Mrowka explained the project, which was to demolish the existing dwelling and construct a new single family dwelling slightly farther from the wetlands. The project conforms to the regulations. Mr. Butcher made a motion that was seconded to issue Orders of Conditions. A vote (6 - 0) was taken and the motion passed.
PH, SCHREIBER, 866 FRANKLIN ST., ADDITION, SE 18-1240
The applicants, John and Barbran Schreiber described the project, which was to construct an addition, relocate the driveway and perform grading within the buffer to bordering vegetated wetlands. Mr. Grady indicated that with the gravel driveway the coverage calculation is estimated at approximately 8% in the buffer zone. The Commission advised the applicant that if they consider paving the driveway then the impervious cover calculation needs to be certified by a professional engineer or surveyor. Mr. Vautrain made a motion that was seconded to issue Orders of Conditions. A vote (6 - 0) was taken and the motion passed.
CONT'D PH, DUXBURY BEACH RESERVATION, INC., DUXBURY BEACH,
SE 18-1198
Representing the applicant were members of the technical committee of the DBR, Inc. Members included Al Vautrinot, Shawn Dahlen, Margaret Kearney, Kay Foster, James O'Connell, Daniel Baker, and Donald Beers, Harbormaster. For the record, Mr. Vautrinot submitted copies of the revised Duxbury Beach Management Plan (DBMP) dated November 2003; a letter from Brad Blodget dated 10/26/03; Annual Statewide Summaries of Census Data for Piping Plover for the period 1992 - 2002; letter from Peter Rosen dated 8/4/00; Piping Plover Atlantic Coast Population, Revised Recovery Plan, 1996; a report from Massachusetts Audubon; and Why did the Plover Cross the Road. Mr. Weiler read for the record a letter from Kathleen Romano dated 11/18/03. The Commission and the applicant reviewed the record list. Mr. Vautrinot questioned
whether the Migratory Shorebird and Human Interactions on Coastal Beaches in Southeastern Massachusetts Report from Brian Harrington dated January 2002 should be included on the list because it was his understanding that it was only a draft report. He indicated that DBR, Inc. had not paid Mr. Harrington because the study was incomplete, but is following up with Mr. Harrington to finish the project.
The Commission then reviewed an email from Leslie Fields regarding her final corrections to the DBMP. The applicant would be submitting the errata for the DBMP. Mr. Butcher made a motion that was seconded to issue Orders of Conditions that include the errata page to the DBMP and the final record. A vote (6 - 0) was taken and the motion passed unanimously. Mr. Weiler expressed his gratitude and thought that it had been a worthwhile process with an end result of better Orders of Conditions and Beach Management Plan.
ADMINISTRATIVE MATTERS
The Commission reviewed a Notice of Intent to Sell Land Subject to MGL C. 61 for the Phalen properties off North St. Mr. Vautrain reported he and the Conservation Administrator had walked the properties and that in terms of conservation these properties had a low priority. Mr. Butcher made a motion that was seconded to recommend to the Board of Selectmen to pass on these Chapter 61 parcels for conservation purposes. A vote (5 - 0) was taken and the motion passed. Ms. Hill was not present for the vote.
The Commission reviewed the minutes of the meetings on 8/5/03, 9/16/03, and 10/28/03. Mr. Vautrain made a motion that was seconded to approve the minutes of the meeting of 8/5/03, as written. A vote (5 in favor, 0 opposed, 1 abstained (Butcher) was taken and the motion passed.
Mr. Vautrain made a motion that was seconded to approve the minutes of the meeting of 9/16/03, as written. A vote (6 - 0) was taken and the motion passed.
Mr. Vautrain made a motion that was seconded to approve the minutes of the meeting of 10/28/03, as written. A vote (6 - 0) was taken and the motion passed.
Mr. Butcher made a motion that was seconded to spend from the Conservation Fund $869.75 for legal services; $496.25 for a title search; and $29 for the vehicle inspection sticker. A vote (6 - 0) was taken and the motion passed.
The Commission signed the conservation restriction documents for the Delano, Hamadeh, and Merlet properties.
The Commission considered two parcels for purchase from the Conservation Fund. The first parcel was the Harris parcel off Keene St. (parcel 020-011-004). Mr. Grady described the attributes of the property. Mr. Butcher made a motion that was seconded to recommend to the Board of Selectmen that the Town purchase the Harris parcel for $6,900 taking the amount from the $100,000 appropriation of the CPA Fund to the Conservation Fund and to refer the purchase request to the Community Preservation Committee for a conformity vote. A vote (6 - 0) was taken and the motion passed.
Mr. Grady reported that Mr. Brad Cushing has offered to the Town a 4.48 acre parcel (lot 150-911-018) for $10,000. Sited on this parcel is a portion of the Island Creek fish ladder. Mr. Butcher made a motion that was seconded to recommend to the Board of Selectmen that the Town purchase parcel 150-911-018 for $10,000 taking the amount from the $100,000 appropriation of the CPA Fund to the Conservation Fund and to refer the purchase request to the Community Preservation Committee for a conformity vote. A vote (6 - 0) was taken and the motion passed.
Meeting adjourned at 9:45 p.m.
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