The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, November 23, 2004 beginning at 7:30 p.m. Members present were Chairman Samuel Butcher, Thomas Gill, Dianne Hearn, Barbara Kelley, and Joseph Messina. Joe Grady, Conservation Administrator was also present. Donald Merry and Holly Morris were absent.
DAHLEN, 54 BAY POND RD., SE 18-1243
Shawn Dahlen explained proposed revisions to the site plan. The proposed revisions would move a section of the project farther from the wetlands; 6 sonotubes previously permitted within the 35-foot setback area would be eliminated, and 2 sonotubes in the 35-foot setback are requested. Mr. Dahlen asked if the Commission considered the revisions a minor modification or would it be necessary to formally amend the Orders of Conditions. The Commission felt it was a minor modification since the applicant is eliminating 6 sonotubes and installing only 2 sonotubes farther from the wetlands. Mr. Messina made a motion that was seconded to permit the removal of a portion of the deck close to the wetlands and to allow the addition of a deck in a location farther from the resource area as described in a letter of understanding and
shown on the revised site plan. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION LLC, 192 POWDER POINT AVE., SITE WORK
Representing the applicant was Freeman Boynton and Emmett Sheehan. Mr. Boynton explained the project which is to re-grade the area between the house and the coastal bank in order to direct water flow away from the house. The Commission asked that a 10-foot vegetated buffer be planted between the coastal bank and lawn area. Mr. Sheehan indicated that most of the trees removed in the re-graded area will be replanted or replaced. Dr. Gill made a motion that was seconded to issue Orders of Conditions stipulating that a vegetative landscape plan be submitted to the Conservation Administrator for approval prior to the work commencing. The vote was 4 – in favor; 1 – opposed (Messina). Motion passed.
PH, HARRIS, 266 HARRISON ST., SUNROOM, SE 18-1290
The applicant, Anthony Harris explained the project, which was to extend the existing sunroom over the footprint of an existing deck and patio in the buffer to bordering vegetated wetlands. Since the existing coverage within the 100-foot buffer exceeds 15% there should be no net gain on coverage with the proposed project. Ms. Kelley made a motion that was seconded to issue Orders of conditions stipulating that there should be no increase in coverage. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH/PM, TERAVAINEN, 279 HIGH ST., DELINEATION, SE 18-1289
Representing the applicant was Steven Kotowski of Webby Engineering. The proposed project is review of the wetlands line for a proposed two lot subdivision. Mr. Grady commented that the application as submitted was incomplete since abutters were not properly notified and the applicant submitted the wrong application forms and had not submitted the soil logs. Mr. Grady indicated that there are additional wetlands that should be flagged and he recommended that the Commission hire a consultant to review the proposal. Mr. Messina made a motion that was seconded to authorize the consultant fee under M.G.L. Chapter 53G for hiring a consultant to review the wetlands delineation. The vote was 5 – in favor; 0 – opposed. Motion passed. Dr. Gill made a motion that was seconded to continue the public
hearing/meeting to December 21, 2004 at 7:35 p.m. The vote was 5 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, BAYSIDE MARINE, 433 WASHINGTON ST., SE 18-1281
Representing the applicant were J.R. Kent and Larry Poulis of ASEC Engineering Co. The Commission’s consulting engineer, Tom Sexton of Mainstream Engineers was also present. The Commission reviewed the revisions to the plan. The Commission requested the applicant show the buffer zone from the top of the coastal bank and calculate coverage within the buffer. Other outstanding issues are to show the correct flood zones on the site plan and review whether riprap should be added to the southern end of the grass swale. Dr. Gill made a motion that was seconded to continue this public hearing to December 7, 2004 at 8:10 p.m. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, MAGUIRE, 197 CHANDLER ST., POOL, SE 18-1291
The applicant, Carol Maguire explained the project, which is construction of a pool in the riverfront area and buffer to bordering vegetated wetlands. The project conforms to the regulations. Ms. Kelley made a motion that was seconded to issue Orders of Conditions. The vote was 5 – in favor; 0 – opposed. Motion passed.
ADMINISTRATIVE MATTERS
The Commission reviewed five requests for Certificates of Compliances. Mr. Messina made a motion that was seconded to issue a Certificate of Compliances for SE 18-1070, 69 South River Lane. The vote was 5 – in favor; 0 – opposed. Motion passed.
Dr. Gill made a motion that was seconded to issue a Certificate of Compliances for SE 18-1031, 38 Hicks Point Rd, indicating the work never commenced. The vote was 5 – in favor; 0 – opposed. Motion passed.
Dr. Gill made a motion that was seconded to issue a Certificate of Compliances for SE 18-1050, 38 Hicks Point Rd. The vote was 5 – in favor; 0 – opposed. Motion passed.
Dr. Gill made a motion that was seconded to issue a Certificate of Compliances for SE 18-1178, 274 Marshall St. The vote was 5 – in favor; 0 – opposed. Motion passed.
The Commission reviewed the minutes of the meetings for 3/9/04, 3/30/04, 4/13/04, 4/27/04, 5/11/04, 5/25/04, 6/8/04, and 6/22/04. Mr. Messina made a motion that was seconded to approve the above-referenced meeting minutes, as written. The vote was 4 – in favor; 0 – opposed; 1 abstention (Hearn). Motion passed.
The Commission reviewed a request for the Berrybrook School to waive the filing fee for the wetland delineation. Ms. Kelley made a motion that was seconded to waive the fee for the delineation since the applicant is a non-profit educational organization. The vote was 5 – in favor; 0 – opposed. Motion passed.
The Commission reviewed a request from Edward Flaherty of 128 Bay Road to extend the deadline for the plantings under Orders of Conditions SE 18-1271 to December 15, 2004. Dr. Gill made a motion that was seconded to extend the deadline for the plantings to 12/15/04 with the stipulation that the approval for the lawn area and Orders of Conditions will be rescinded if the project is not completed by that date. The vote was 4 – in favor; 0 – opposed; 1 abstention (Kelley). Motion passed.
The Commission reviewed a revised plan for SE 18-1280, 63 St. George St. Dr. Gill made a motion that the Commission accepts the revised plan as a minor modification to the project. The vote was 5 – in favor; 0 – opposed. Motion passed.
The Commission reviewed expenditures of the Conservation Fund. Ms. Kelley made a motion that was seconded to approve the expenditure from the Conservation Fund of $1,200 for trail maps. The vote was 5 – in favor; 0 – opposed. Motion passed.
LAND ACQUISITION (EXECUTIVE SESSION)
At 9:40 p.m. Ms. Kelley 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 was taken; the vote was 5 – in favor; 0 - opposed. Motion passed.
At 9:45 p.m. Ms. Kelley made a motion that was seconded to reconvene into open session. A roll call vote was taken; the vote was 5 – in favor; 0 – opposed. Motion passed.
Meeting adjourned at 9:45 p.m.
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