The Conservation Commission held a meeting in the Basement Mural Room of Town Hall on Tuesday, August 12, 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.
CONT'D. PH, DBR, INC., DUXBURY BEACH, SE 18-1198
Representing the applicant were members of the technical committee of the DBR, Inc. Members included Al Vautrinot, Les Smith, Shawn Dahlen, Margaret Kearney, Harbormaster Don Beers, Endangered Species Officer Jake Emerson, and Brad Blodgett. Also present for the public hearing was the Conservation Commission's consultant Leslie Fields of The Woods Hole Group.
The Chairman began the meeting with a brief summary of the previous public hearings.
Jake Emerson reported on the endangered species program and indicated there were 13 nests and to date 36 chicks had fledged.
Les Smith submitted revised maps of the beach that included transects.
Al Vautrinot reviewed a letter dated 6/2/03 from the DBR to Dr. French of the Natural Heritage Program in response to the issues raised in Dr. French's letter to the Commission dated 4/17/03. The letter explained the success of the endangered species and monitoring programs and the arguments against closing the beach. Discussion included review of fledge rates. Mr. Vautrinot submitted a copy of fledge rates for the South Shore. Ms. Fields asked the applicant to include a comparison of fledge rates to the state average in the DBR annual report to the Commission.
The Commission continued its review of the draft Orders of Conditions.
The Chairman opened the hearing to the audience for comments and questions.
Molly Bartlett of 52 Crooked Ln. questioned the fledge rates submitted by the applicant. She also submitted written comments regarding impacts of vehicles on the beach and questioned whether the applicant has met its burden of proof of no detrimental impacts to the resource areas.
Ruth Rowley of 546 Washington St. asked what the process was for changing the Duxbury Beach Management Plan and whether there was any relationship between funding activities and vehicle counts.
David Clapp from MassAudubon commented the applicant and Commission may want to study the fledge rates at Plymouth Beach and Sandy Neck Beach and that it may be helpful to a conduct biological study of the travel and non-traveled areas of the beach.
Scott Bettencourt questioned why the Commission did not continue extending the existing Orders of Conditions rather than requiring a new Notice of Intent. Mr. Weiler responded that the Commission discussed the issue over many meetings and felt that the existing Orders were not adequate to serve the purpose of protecting the beach and the importance of due process. Margaret Kearney also spoke in support of the process and indicated that over the course of 17 meetings a better Beach Management plan has evolved and she feels the applicant has been able to document that they have a beach management program that works. Jason Wolfson questioned whether any work could be done on the beach if the Orders are appealed.
Joe Conway from the Beach Committee reported the Beach Committee has some comments that they would like to discuss at a future meeting.
Mr. Weiler indicated that the Standard Operating Procedures should be worked on for the next meeting
Mr. Vautrain made a motion that was seconded to continue this public hearing to September 16, 2003 at 7:30 p.m. A vote (6 - 0) was taken and the motion passed.
Meeting adjourned at 11:00 p.m.
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