The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, July 27, 2004 beginning at 7:30 p.m. Members present were Thomas Gill, Dianne Hearn, Barbara Kelley, and Donald Merry. Samuel Butcher, Joseph Messina, and Holly Morris were absent. Joe Grady, Conservation Administrator was also present.
PH, MULRENIN BUILDING CO., 724 TEMPLE ST., SE 18-1266
Representing the applicant were Freeman Boynton from Duxbury Construction Co. and Darren Grady from Grady Consulting Co. The proposed project was construction of a single family dwelling. The applicant submitted a revised plan that showed grading to 25 feet from the wetlands and relocated utilities and a retaining wall. Dr. Gill noted that this is a vacant lot and asked the applicant to move the limit of work line farther back from the wetlands. The applicant agreed that lawn area would be no closer than 35 feet to the wetlands and that the area between the 25- and 35-foot setbacks would only be mulched. The driveway would be pitched so there would be a greater buffer for runoff to the wetlands. Ms. Kelley made a motion that was seconded to issue Orders of Conditions. A vote (4 – 0) was taken
and the motion passed.
PM, WOLFF, 10 FOX RUN, SHED
The applicant was not present so Joe Grady explained the project. The proposed project is construction of a shed on concrete blocks located 50 feet from bordering vegetated wetlands and located on existing lawn. Ms. Kelley made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the shed. A vote (4 – 0) was taken and the motion passed.
PH, WISLEY CO., LTD, 222 POWDER POINT AVE., FENCE & PLANTINGS, SE 18-1268
Representing the applicant was Shawn Dahlen. The proposed project is a result of an enforcement order issued to the property owner for cutting trees on the abutting town landing. Mr. Dahlen explained the planting plan. Dr. Gill noted the arborist’s report indicated that 10 trees were cut and that the applicant is only proposing to plant 5 trees. Dr. Gill asked the applicant to include more trees and plantings to stabilize the coastal bank. The Commission asked that the applicant provide a more detailed plan showing the size and type of trees and where they would be planted. Mr. Grady recommended that the Tree Warden and the Harbormaster review the planting plan. The Commission scheduled a site visit. Ms. Kelley made a motion that was seconded to continue the public hearing to August 10,
2004 at 8:10 p.m. A vote (4 – 0) was taken and the motion passed.
PM, ROTH, 19 SEABURY POINT RD., SHED
Representing the applicant was Shawn Dahlen. The project is for a shed located 62 feet from the wetlands. Ms. Kelley made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the shed. A vote (4 – 0) was taken and the motion passed.
PH, DUXBURY CONSTRUCTION CO., 230 CHANDLER ST., GARAGE ADDITION
Representing the applicant was Freeman Boynton. Mr. Boynton presented a revised plan and explained the project which was a garage addition. Dr. Gill asked if the lawn area could be moved outside the 25-foot setback to the bordering vegetated wetlands. Mr. Boynton agreed to place mulch where existing lawn is and remove a section of the asphalt driveway to put in a strip of lawn. No DEP file number had been issued. Ms. Kelley made a motion that was seconded to continue the public hearing to August 10, 2004 at 8:20 p.m. A vote (4 – 0) was taken and the motion passed.
CONT’D PH, DELISLE, WEST ST., SE 18-1265
Representing the applicant were Rich Delisle and Shayne McGlone of McGlone Enterprises, Inc. Mr. McGlone presented a revised plan that addressed the concerns of the Commission from the last meeting: the limit of work line was moved and a section of the driveway would be graveled. Mr. John MacCormick, 333 Church St. asked if the Commission would consider hiring a consultant to review the wetlands line since the property had previously been denied for development by the Planning Board. Mr. Grady felt the wetlands line was accurate. Ms. Kelley made a motion that was seconded to issue Orders of Conditions for the revised plan. A vote (4 – 0) was taken and the motion passed.
CONT’D PH, DUXBURY DPW, TREMONT ST., WATERMAIN, SE 18-1267
Since the file number had been issued Ms. Kelley made a motion that was seconded to issue Orders of Conditions. A vote (4 – 0) was taken and the motion passed.
PM, MARQUIS, 66 ISLAND CREEK RD., STAIRS
The applicant, Tom Marquis explained the project, which was replacement of rotted wooden stairs with cement steps in the buffer to a pond and bordering vegetated wetlands. Ms. Hearn made a motion that was seconded to issue a negative determination that a Notice of Intent is not required. A vote (4 – 0) was taken and the motion passed.
ADMINISTRATIVE MATTERS
The Commission discussed the land donation of parcel 060-106-900, off Temple Street. Ms. Kelley made a motion that was seconded to accept the donation with the stipulation that an easement be granted over the abutting property for town employees to access parcel 060-106-900. A vote (4 – 0) was taken and the motion passed.
The Commission discussed the yellow ribbons at Round Pond.
The Commission reviewed requests for Certificates of Compliances. Paul Brogna from Seacoast Engineering was present for the discussion. Mr. Grady reported that he could not recommend Certificates of Compliances for SE 18-988 and SE 18-964 because each of these piers had two floats and the Orders of Conditions only allow one float per pier. He noted that these two applicants were in violation of the Orders of Conditions. Mr. Brogna challenged that a second float only requires a seasonal Chapter 91 permit from the Harbormaster. The Commission disagreed and referred to a memo from the Conservation Administrator dated April 2002 to the Harbormaster.
Ms. Kelley made a motion that was seconded to deny the request for Certificates of Compliances for SE 18-988. A vote (4 – 0) was taken and the motion passed. Ms. Kelley made a motion to issue an Enforcement Order to the applicant for violation of the Orders of Conditions for SE 18-988 by installing a second float and to require the second float to be removed within 45 days of issuance of the Enforcement Order. A vote (4 – 0) was taken and the motion passed.
Ms. Kelley made a motion that was seconded to deny the request for Certificates of Compliances for SE 18-964. A vote (4 – 0) was taken and the motion passed. Ms. Kelley made a motion that was seconded to issue an Enforcement Order to the applicant for violation of the Orders of Conditions for SE 18-964 by installing a second float and to require the second float to be removed within 45 days of issuance of the Enforcement Order. A vote (4 – 0) was taken and the motion passed.
Ms. Hearn made a motion that was seconded to issue Certificates of Compliances for SE 18-568. A vote (4 – 0) was taken and the motion passed.
Ms. Kelley made a motion that was seconded to issue Certificates of Compliances for SE 18-572. A vote (4 – 00) was taken and the motion passed.
Meeting adjourned at 10:00 p.m.
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