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Conservation Comm. Minutes - 2004/01-27

The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, January 27, 2004 beginning at 7:30 p.m.  Members present were Chairman Friend Weiler, Samuel Butcher, Thomas Gill, Brendan Halligan, Barbara Kelley, and Joseph Messina.  Arthur Vautrain was absent.  Joe Grady, Conservation Administrator was also present.  

CONT'D. PH, WIEMEYER, 20 ISLAND CREEK RD., SE 18-1238
The applicant, Andrew Wiemeyer submitted a landscape plan as requested.  Mr. Grady reported he met with the applicant at the site to review the plan.  With regards to the deck adjacent to the house, the applicant needs to submit the coverage calculation for the 100-foot buffer for review by the Conservation Administrator prior to work commencing.  Mr. Butcher made a motion to issue Orders of Conditions for construction of the observation platform and deck and landscape plan.  A vote (6-0) was taken and the motion passed.

PM, LORING, 254 WASHINGTON ST., SHED
Mr. Grady excused himself from this public meeting.  The applicant, Richard Loring explained the project, which was to construct a shed on sonotubes located 42 feet from the wetlands.  Mr. Butcher made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the shed.  A vote (6-0) was taken and the motion passed.

PM, SHAMMA, AQUACULTURE GRANT
Mr. Grady excused himself from this public meeting.  The applicant, George Shamma explained his aquaculture grant, located northeast of Clarks Island in Duxbury Bay.  Mr. Butcher made a motion that was seconded to issue a negative determination that a Notice of Intent is not required.  A vote (6-0) was taken and the motion passed.

PH, DUXBURY CONSTRUCTION CO., 80 SEABURY POINT RD., SEPTIC,
SE 18-1247
Representing the applicant was Freeman Boynton.  The proposed project is a septic system repair.  Mr. Boynton submitted a revised plan that proposes a Fast-System in order to reduce the amount of fill and grading.  The Board of Health has approved the plan.  Mr. Butcher made a motion that was seconded to issue Orders of Conditions for the septic system project.  A vote (6-0) 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 and Sterling Wall from Daylor Consulting.  The Commission's consultant, Stanley Humphries and Timothy Hillier from Ocean and Coastal Consultants were also present for the discussion.  Mr. Weiler noted there is a new member of the Conservation Commission, Ms. Kelley and asked if the applicant had any objections in her participating in the public hearing.  Mr. Orwig had no objection.  The applicant presented a revised site plan and landscape plan and asked that for tonight's hearing discussion focus on the original 5 Notices of Intents and that discussion concerning SE 18-1220, SE 18-1221 and SE 18-1222 be continued to another date.  Mr. Wall explained the revised plan.   The Commission noted its concern about flooding and the amount of proposed fill.  Mr. Grady asked the applicant for additional information that included offsite elevations; cross sections, test pit data and pile foundation profiles.  Mr. Hillier submitted a letter with his initial review of the proposal.  Mr. Humphries noted the applicant might need to complete the stormwater management forms.  Other concerns raised by the Commission included the proposed box culvert and scouring.  Mr. Butcher also questioned the applicant's comment that the salt marsh does not support wildlife.

Mr. Weiler asked the audience for comments.  Peter Williams of Vine Associates who is representing the Duxbury Beach Residents Association submitted a letter with his review of the proposal.  His concerns included the issue of overwash, the need for detailed plans of the sewer profile, water lines, and proposed house foundations, and maintenance of the proposed boardwalk.  Mr. John Mann of Gurnet Rd. voiced his concern about flooding on abutting properties and noted the plan does not show elevations along Hummock Lane and that the proposed boardwalk could act like a projectile during storms.  Joe Deady of 44 Ocean Rd. North raised the issue about the amount of fill and access and number of truck trips to bring the fill to the site.  Information to be provided by the applicant before the next meeting included elevations; profiles of site; more specifics on the proposed dwellings; details on the fill; test pit data and data regarding resource delineation; and information that addresses the issues of flooding and scouring near the box culvert.  The applicant was asked to extend the study area farther south to East Marginal Road.  It was noted that the applicant needs to get the requested information to the Commission's consultant and the Commission in ample time for them to review prior to the next public hearing date.  Mr. Butcher made a motion that was seconded to continue this public hearing to April 13, 2004 at 8:00 p.m.  A vote (6-0) was taken and the motion passed.

ADMINISTRATIVE MATTERS
Mr. Butcher made a motion that was seconded to approve the following expenditures from the Conservation Fund:  $5,000 for rules & regulations update; $1,000 for survey work off Vine St.; $520 for legal services by Town Counsel for land acquisitions.  A vote (6-0) was taken and the motion passed.

Mr. Butcher made a motion that was seconded to issue a Certificate of Compliance for SE 18-1139.  A vote (6-0) was taken and the motion passed.

The Commission postponed action on the request for a Certificate of Compliance for SE 18-908 since the applicant needs to submit a copy of an easement document.

The Commission reviewed proposed fee increases and scheduled a public hearing for the fees for February 24, 2004.

The Commission designated Mr. Butcher, Dr. Gill and Mr. Halligan to a subcommittee to review proposed revisions to rules and regulations.

Dr. Gill reported on the site visit at Duxbury Beach to review the annual maintenance tasks by the Duxbury Beach Reservation.

Meeting adjourned at 10:30 p.m.